No preview available
 /
     
3458 7 q ' RESOLUTION NO. 3,458 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AND THE UNITED STATES OF AMERICA RELATING TO A CAPITAL GRANT FOR URBAN MASS TRANSPORTATION; AND FOR OTHER PURPOSES . BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: SECTION 1. The Mayor and City Clerk are hereby authorized and directed to execute for and in behalf of the City of Little Rock, Arkansas, a certain contract with the United states of America, which contract relates to the making of a capital grant through the Housing and Home Finance Agency to the City of Little Rock, Arkansas, for Urban mass transportation facilities . The said contract to be so executed is in form and substance as follows: b> k r .S I t t:(0,-, :,T. „L„y,,,r,, ,a..0.- ,.....—a l.°ldR.+.c.i,,.:.,,;.. ,_ .... __,.......u_ �:as. – �. F �. ,°�w...... +ida:&. �' ita.u.r.w.'�. .4h.u3 E^*17 ]t t 14t"fl k • S i UNITED STATES CF AMERICA • I HOUSING AND HCME FINANCE AGENCY OFFICE OF THE ADMINISTRATOR r WASHINGTON, D. C. 1 • ,9 s Project No. ARK-UM-1 • ,-a Contract No. H- f '; URBAN MASS TRANSPORTATION CAPITAL GRANT CC�ITRACT • BETWEEN THE CITY OF LITTLE ROCK 4 (Arkansas) • 3 • AND- NDwE UNITED STATES OF AMERICA • • i} • • - ` • Ali -t° }. 7 i 141 x'4 • a' ' • . e T / � • ��1'w x,Y n Ji URBAN MASS TRANSPORTATION k_:., CAPITAL GRANT CONTRACT r, PART f PROJECT NO. ARK-UZG-1 CONTRACT.' NO. H- THIS CONTRACT, consisting of this Part I, and the terms and conditions (form H-512(b) dated 4-65) forming Part II hereof (which together are herein called the "Contract"), effective on the date herein below specified by and between the United States of America (herein called the "Government") and the City of Little Rock, Arkansas (herein called the "Public Body") SE H: In consideration of the mutual covenants, promises and representations herein, the parties agree as follows: Sec. 1. Purpose of Contract - The purpose of this Contract is to provide for the undertaking of an urban mass transportation capital improvement project (herein called the "Project"), with Government financial assistance to the Public Body in the form of a capital citiV p 1 grant (herein called the "Grant"), under - � . the Urban Mass Transportation Act of 1964 (herein called the "Act") and to state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the Project will be undertaken and completed and the Project equipment will be used. Sec. 2. The Project - The Public Body agrees to undertake and complete the Project, and to provide for the use of Project equipment, substantially as described in its Application filed with and approved by the Government and in accordance with the terms and conditions of this. Contract. The Project '' ' 1 consists of the purchase of 30 new 35-passenger air-conditioned diesel transit type buses and the purchase of 12 new 45-passenger air-conditioned diesel type f. buses. It is estimated that the total cost of the Project will not exceed k f .Eight Hundred Seventy Nine Thousand Seven Hundred Forty Four Dollars and Eighty Four Cents ($879,744.84)4 j hP4$. ,j i I 3 �4. . . „ 14. , . s i14117 .' 2 t f r';:,•: `,ii'-"`” y ;.Lr tatz sak„ "� Sec. 3. The Grant - In order to assist the Public Body in financing that portion of the total cost of the Project which HHFA determines cannot reasonably CO3-.:• < be financed from revenues of the public transportation system in which the Project equipment is to be used (herein called the "Net Project Cost"), such Net Project Cost being estimated to be Five Hundred Seventy Four Thousand ,` ' " `* Seven Hundred Forty Four Dollars and Eighty Four Cents ($574,744.84), the 1` .; Government will make a Grant in an amount equal to one-half of the actual i� ..'4 ' " Net Project Cost, as determined by HHFA upon completion of the Project, or in the amount of Two Hundred Eighty Seven Thousand Three Hundred Seventy Two Dollars and Forty Two Cents ($287,372.42), whichever in the lesser; provided r-'.,that the Government will make an nddi t,ional. Grant. I n nn amount equal to onersixth of the actual. Net Project Cost, an ao determined by }HIFA, or in : `w the amount of Ninety Five Thousand Seven Hundred Ninety Dollars and Eighty ,Tt . Cents ($95,790.80), whichever is the lesser, if within three years from the L date of this Grant Contract HHFA determines that the planning requirements of ' Section 4(a) of the Act have been fully met. E j" The Public Body agrees that it will provide from sources other than a Federal funds, (b) receipts from the use of the Project equipment, or (c) revenues of the public transportation system in which such equipment is used, funds in the amount sufficient, together with the Grant to assure payment • of the actual Net Project Cost. The Public Body further agrees that no refund or reduction of the amount so provided will be made at any time, unless there is at the same time a refund to the Government of a proportional amount of the • . Grant. f; • Sec. 4. Use of the Project Equipment - The Public Body agrees that the lx Project equipment will be used for the provision of mass transportation service within its urban area for the period of the useful life of such equipment, as �; ' determined in accordance with generally accepted accounting standards and approved '' tk ' by HHFA, which period shall not in any case exceed twenty years. If during the ,� period of its useful life any Project equipment is sold, other than for replace- • ' ment in such service with like equipment, the Public Body agrees to remit to the Government a proportional amount of the sale proceeds determined on the basis it � ; of the ratio of the actual Grant made by the Government to the actual cost of tf517,-Ni:72;':-, `t he Project as determined in accordance with this Contract. If during such 4,,,„,....3,-- period any Project equipment is devoted to uses other than the provision of mass transportation service within the urban area of the Public .Body, such 10i..-4,,,,,,,, proportional amount of the fair market value thereof (as approved by HHFA) �a shall likewise be paid to the Government. itT is The Public Body further agrees that during the useful life of the Project equipment it will submit to HHFA such financial statements and other data "., , . as may be deemed necessary by HHFA to assure compliance with this Section. w `. S 'a '-t:: 1 i:; ix' f ' t {t . x 4yy; �,!4'47.1.777.77 -.::,:-„,, h' rt* i .•. 1'' Y t H.. P. it t' a Kos. ..a;, 'w k.!'y f ' :at :*::: �' . x« l .fy414"14A._.-1,41., a I a , 1 y ; i" 3 Sec. 5. Employee Protective Arrangements - The Twin City Transit, Inc., of Little Rock, Arkansas and the Amalgamated Transit Union have entered j,' an agreement providing employee protective arrangements as required by Sec. 10(c) of the Urban Mass Transportation Act of 196+. The Public Body j' is agreeable to the terms and conditions of the agreement. E 1 Sec. 6. Counterparts of Contract - This Contract may be simultaneously t executed in several counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one and 11 the same instrument. is • IN u a.' WEIEREOP, the Public Body has caused this Contract to be duly - , executed in its behalf, and, thereafter the Government has caused the same ° to bo duly executed in its behalf this day of .1965. ' r` 1 I i S !' Y, CITY OF LITTLE ROCK ' { (Arkansas) ATTEST Title thee dl '3' ayor (E• UNITED STATES OF AMERICA t HOUSING AND HOME FINANCE AGENCY • By Assistant Administrator (Transportation) • ., - z f t, ..... ___..-- z;., ,. ._. ..... . .. ,..... :, .FM.;w_"!" .°.'wacs•xry 5>7R't"..,. 7' ...xe<...s .^,F", +"1.`. - _. ";.;,1rw p -1 ..•;k•.,-i• -..: '-.,...-4.. :F., l ;-„ !1 .,:, a ,;I,. 17�. •,,,,� .,.. a s-.j „_ k'4' ,s's 1 30 q ar ;. '_:4', a ,k'''')riva '4`.:to .4 ,"'4,-..c-"<. . f i yal H-512(b) ` (4+-65) gg tx- �k:-' t. � UNITED STATES OF AMERICA 1 HOUSING AND HOME FINANCE AGENCY OFFICE OF THE ADMINISTRATOR WASHING TON1D.C. r c r i • r URBAN MASS TRANSPORTATION GRANT CONTRACT i I s 1 ' . i . r. S{ • kt PART II I. 1 t • TERMS AND CONDITIONS i Fx q i . se I t S rV i i S !f II i G_. i ';,' ,rtr ilr ate^'@rc!m >. " * v -ter-"r r..r' ,^ #7T s, ,.r- o 4im yo ,"-^ " .."!!rotfim°t R is 4 fA: .kJ .w., t' 'i "'r ' u '' f t' '« A;:)�„ 3�?v., si `t"i'4 „�,x's «r.' .r , 3 4'4444ih'a ihr,tr4 ,"�c 4,fz;w ' doil u1 ,.+ 1�:� '°,` ilk ls�tii'«{ �`r "�ir4,f '`u? S'k ki f u �...-„ I f 4 . , . . . J.,_. L ',.:V 1 f.t.,. 1 , ::;: ti.:.-:,.,:7 i Section 101. Definitions . ' 1 . , , Section 102. Accomplishment of thf, PToject: (a) General Lequirementr . t (b) Pursuant to Federal, State end Lu1 Law (c) Fund.s of the Public Body (d) Submission ,D-f: Proceedings, Centre and : t Other Documents Section 103. The Project Butaget .1 Section 104. Accounting Record (a) Establishment and ".I .intenance of --iceuuntin, Records (b) Funds '.'teceived or 1,acm .1raiLIDI for the "..rojLc,.-., -- j (c) Costs Incurred or tne 7::ro.'lect ). (d) Documentation of Project, Cost:-.: ... h ' $ (e) Checks, Orders, and Voucl,ers . ,. . (f) Audit Report5, Section 105. Requisitions anu Fayments (a) Prnliminary Action by the : Wolin body 4 (h) PolPrnmont's obliations , :,.., fki, (1) Minnerresent.ltion (2) Ptigation i ( ) Concurrence h:r Go'rernmenu (4) Conilict of Irterns's.,n (5) Dn.Cault (c) Disallowel. Costs ') Y:fit'50t Section 106. Termination cr Susension of c'-ove.mment 'a Ybli,a'c.ions NA. 0#0 ',.•,i-dr;ke. (a) Terminc:J'ion or Suspension ..7. n2....,...11; 140,,t11'. (b) Action Subseqaent tfl tice c,.1. 12&_,-lain:J....ion or SusrensiJn , . '01-411113, 1p,P* Section 107. Remission of i-roct Account Upon Co.,11,1eLion of Projec - ---- 6 qrtle Section 103. Audit and Inspection Section 109. Coatracts of the .1.1elic body 4711elvti Section 110. Restrictions, frohibitions, ContrcAs, .. d Labo- .' -oviiono ',-,,,i,f,• ., . (a) Equal Employment kl.Tortunity 6 70;.-', .• (b) Competitive Biddin-. 10 '4a.t..g.,-14.• (c) Prohibited Intern:3;r: 10 (d) Use of Amnficar-made Froducts 1..,,,,_ .i,V:••I'i-,:, (e) ; atent 1-,,igtri s 1 ' (f) Interest 0, .1,,embern of or D.:1..i;ates to Conress (g) Labor Yrovisionr - ConoLruction 12 Section 111. Construction Cori-rants (a) Chance; in Con:Aructi:n ('or.it, letn le, (h) Contraci .',ecurit;, 1.c, (c) Insurance Dunia3 Construcion ils, (d) Signs •-- 11, (e) Irovisionc of Cont,T ,2C.i,a Contracta .1.t... - - : . Section 112. Misc(alaneous frovisiors (a) Air Pollution 1-,' (I)) .7.-overnm'ent Not Obli„,-,, .ted vo ThiA,. .art,ies 1 (c) ;'' en fights and Lem:...1i...::, not waive ------- .. : (d) ho outract Arfec,_d by . -ovioioht. ,;(..ing geld Invalid - Ir (e) :rionus or Commisfiion - (f) State o TerviLuO ..1 ?-:,::-•-:.;.::?:if ,•:' ' 'F'f:`;t1,,i:„.'115!'r.”:';:".1',3- 1 -'7T.'' ir.';::.' - ''.""'1.. '...,-" " .-s, t:,4',,:.-.. : :--,.-,,,A.1, ,-1,-.` ...-,',.:,.* .: ..,.'s-:.,: '"-. ,,'," ,: ' .::,■.:.'"'-:,-.. :::...h,..:::;1'1::''-',',-A''' i''.''n''' j;;:'--- -.:':::::';.'::.t''.;';',,,, .:.-:;4-11:", •=.--;/r..'":!'''...'-:--,".' 1,- L..,..: e,g".4*4*,.2- 34%014i'' i ! "i:.r..qP't''''5: ,'.:'''';1.'•:"F&,' `ti: f; • 2 ,1 HOUSING AND HOME FINANCE AGENCY GRANT CONTRACT PART II -- TERMS AND CONDITIONS s Constituting part of the GRANT CONTRACT providing for Federal financial assistance under the provisions of the Urban Mass Transportation Act of 1964. Section 101. Definitions. As used in these Terms and Conditions: "Government" means the United States of America. ' "HHFA" means the Housing and Home Finance Agency, or as 4 the context may require, the Housing and Home Finance Admin-- istrator, or other person who may at the time be acting n ° in the capacity of the Administrator or authorized repro— y, "" aentative, or any other person otherwise authorized to perform the functions to be performed hereunder by HHFA "X as that term is used in this Contract. ' .`; r, "Application" means the written application for Federal ; , financial assistance for the Project, together with all i'e. explanatory, supporting, or supplementary documents, s:. heretofore filed with HHFA by or on behalf of the Public Body, which has bean accepted and approved by UH l An •ra Section 102. Accomplishment of the Project. 'i (a) General Requirements. The Public Body shall commence, carry on, and complete the Project with all practicable dispatch, in a sound, economical, and efficient manner, and in accordance with the pro- visions hereof, the Application, and all applicable laws. ,: , (b) Pursuant to Federal State, and Local Law. In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the xl, , 4.1,.. Public Body to enter into this Contract or to undertake the Project hereunder, or to observe, assume, or carry out any of the provisions i f of this Contract, the Public Body will initiate and consummate, as provided by law, all actions necessary with respect to any such x ; matters so requisite. The Public Body shall initiate and (c) Funds of the Public Bodes. t prosecute to completion all proceedings necessary to enable the ` Public Body to provide its share of the Project costs on or prior to the time that such funds are needed to meet Project costs. Contract and Other Documents. The Public �. (d) Submission of Proceading Documents. rds, Body shall submit to the Government such data ,�rreports, ecordssrnment oontraot and other documentn 1 al. f to •r may require, P G :'4i . r , a Tai ,97. lislie `i 4 °r , f k't14 i r n 7!`. •',t r 5"+r} p �?2g �n irT,r,77-1H i )�" �F 4 ? t�t k},�1� �i`�_"t� �+�� r N �`� i s3 { t y{�i1,4�4;41 �n ? u iq 1 u a 's'' i X i 4 ,� 7717-7777.- :4-',.4 1�'"t4 , 2 r r : i tt 1,, r 0 yr �" ";i I Mi i rr a c4 i� rY. ,s t A i5 F4 ts'� 3 # zt - ''°L9 � r y.� S f -;,; k.4}i ! ..,ir ,'� `t l b ,it'.+ , i3 p ei t •r i L ig V��•i•.. rt tr' 4V-1'): "', 7 ,- ,,..4 ,1 ,_:. -v..,a ,, r qta. -a,. ,,,i ^4.s'r k:•ii y n 4, !+•�''.",:.lwi ;, .'k:' 'r-Al'aw4; r M!'.... , a, x 'J ■ "C 't 3 t Section 103. The Project_Budget. A Project budget shall be prepared and maintained by the P:ablicBody. The Public Body shall carry out the Project and shall incur obligations against and make disbursements of Project Funds only in conformity with the latest approved budget for the Project. The budget may be revised from time to time, but no budget or revision thereof shall be effective unless and until. HSFA shall have approved the same. Section 104. Accounting Records. (a) Establishment and Maintenance of Accounting Records. The Public Body shall establish for the Protect, in conformity with uniform requirements established by BBFA to facilitate the administration of the Grant program, separate accounts to be maintained within its existing accounting system or set up independently. Such accounts are referred to herein collectively as the "Project Account." • (b) Funds Received or Made Available for the Project. The Public Body shall appropriately record in the Project Account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all Grant payments received by it from the Government pursuant to this Contract and all other funds provided for, accruing to, or otherwise received on account of the Project, which Government payments and other funds are herein collectively referred to as "Project Funds." The Public Body shall require the depositories of Project Funds , to secure continuonsly era fully all Project Funds in excess of the amounts insured under Federal plans, or under State plans which have been approved for the deposit of Project Funds by HHFA, by the deposit . or setting aside of collateral. of the types and in the manner as prescribed by State law for the security of public funds, or approved by HHFA. (c) Costs Ii urredfort:he D ''1ect. The Public Body shall charge to the Project Account all eligible costs of the Project. Costs in excess of the latest approved budget or attributable to actions which have not received the reel:a red app.rova'? of UEFA shall not be considered eligible costs. (d) Documentation of Pro ect Costs. All. costs, charged to the Project, including any services contributed by the Public Body or , others, shall be supported by properly executed payrolls, time records, invoices, contracts, o- vouchers evidencing in proper detail the nature and propriety of the charges. (e) Checks, Ordersar i Vou ah•rs. Any check or order drawn by the Public Body with respect to any item which la or wi..11 be chargeable against '. car x I;; ,' ,1i12.::' i r _ dX'W + , i #° f f if 4- > i s 4 f .y R Y...•. 9 aV s.ww .t�N t � "' k, k W ^+ :1 .!4,:: -,t.,,‘.,,.4',' • €., E T C w 1 - '&:,''''':-:''--,1' 2 Y � ''' *M tiK'S n + iy 4 ' 0 + ✓ Et . k x - a � - W- i irta ° �i Qyipirr! 4'A ,� Wi ; v ^x :4 ,f x ; ' "` R aW f , g.. " ...., b ,,,,, ,q7,,;-7-:,._ . :: ,r_. . a • '1,:i:;: ..,y w� C q,a �t@ t 4,; 4 0, '' a i the Project Account will be drawn only in accordance with a prop=erly signed Voucher than on file in the office of the Public Body stating in proper detail the purpose for which such check or order is drawn. • All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the Project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. (f) Audit Reports. At the request of HHFA, the Public Body shall provide for each of its fiscal years for which the Project Account remains open, an audit report prepared either by its official auditor or audit agency or an independent certified public accountant, re— ' fleeting in detail the use of the funds of the Government, the Public Body, and those from any other source with respect to the Project. Section 105. Requisitions and Payments. :' - Mt (a) Preliminary Action by the Public Body. In order to obtain any Grant , , payment, the Public Body shall: iry ' (1 ) File with HHFA its requisition therefor including its ;''' estimates of cash needs, on form or forms prescribed by HHFA, and such other data pertaining to the Project Account (as defined in Section 104 (a) hereof) and the ' 4 Project as HHFA may require, to justify and support , „r M t the payment r;quisitioned; and �' ,', �� �x (2) Comply with all applicabi : provisions of this Contract. "� ;% S . 'fit(b) Government 's Cbligations. Subject to other provisions hereof, the ` 'xt.. Government will honor such requisitions in amounts and at times deemed rip" by HHFA to be proper to insure the carrying out of the Project and f ��R payment of the eligible costs thereof in accordance herewith. However, t .' notwithstanding any other provision of this Contract, the Government may elect by notice in writing not to make a payment on account of f. the Project if: tE:. .:::^.r (1 ) Misrepresentation. The Public Body shall have made any misrepresentation of a material nature in its Application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith c e . or pursuant hereto; „, (2) Litigation. There is then pending litigation with respect tA:41, A` to the performance by the Public Body of any of its duties Y'fi"'`"� or obligations which may fa 4 g y j.,opardiz: or adversely affect . ,,.,, the Project, this Contract, or payments to the Project; ii citP,1,i.141 4y �4?itc--1 as t 4l i ,«'"°1,.+Fi., a r: C' 172"::4�' .y ,: �. . ., ... ', "#P' ass d":T' > �,, t , .- . ;.,r i �lN •1 y�, { g i i x' ., sv' a + 17 .y' ,$= °yt=' a k,1 rd _$if f .. i i:�i: ,. q ri." q 7 l.q :1,:x -t^.s t ,.'y x ...x ,.-:ti.K ' caac-. "k.. ., .. ., ' t!�v.vid Y''goK t.. t''F . :Y,.'r.r': 1A, „f Ait �!u�1, ..� .--'' :+4!,. ..:,.4 ,40-,0-1,001,x; a , t'"° t prix t , _ , + } ,x ,3 `0--n'. ... ;' ,. 4,,,,,N., 44,1,44,:::,}.r' < a-: ,? .w�.; ,�tG'tom,: ,,,-,x r x .ni t': �F :''.. ' '- r '4.....: . ..irr�si...?�'63.-...k:;rS4r-� •`sk....7�`-!_ ,r:'1°"q ..`�'! ,'S - � ;e.x l*$'. "t4. `C` L,. w aC b , A'iq"'i"*aP,^i*' �.' 'h, �)--r, If 4,' 1A., ' ; , �'' s.-1'.,.1; J! +jr'Pf 4f ai g q'.; ..!.ix�i. _ t`'ri"t gt+ "h2 .� VII fG'Fz. �� `'t`;,717".",;77. fit;, '',, ,,.,71!:.'!".-','7'-w 45, 1, 1,i "i i :,t ° s .,�(" }4i' °{ err , .' , '' 1 4t,!', "Eke`*` e∎ 'r,t '',:- :^r 'Y $ .. , ,. z _iii,. 4 . * if'+ <t•` kr it, i r: . (3) Concurrence by Government. The Public Body shall have `` taken any action pertaining to the Project which under the established rocedures requires the • p qu prior approval F,. of HHFA or shall have proceeded to make related expendi- tures or incur related obligations without having been advised by HHFA that the same are satisfactory; f;,, (4) Conflict of Interests. There has been any violation of the 4 3 conflict of interest provisions contained in Section 110(c) c .. hereof; or (5) Default. The Public Body shall be in default under any .• of the provisions of this Contract. ..,,..."' i (c) Disallowed Costs. In determining the amount of the Grant, the 'a : . ,. Government will exclude all Project costs incurred by the Public Body prior to the date of this Contract, or prior to the date of the approved budget for the Project, whichever is earlier, costs incurred by the Public Body which are not provided for in the latest approved budget for the Project, and costs attributable to goods or services received under a contract or other arrangement which has not been approved in writing by HHFA. Section 106. Termination or Suspension of Government's Obligations. i (a) Termination or Suspension Generally. If the Public Body abandons or, before completion, finally discontinues the Project; or if, by reason of any of the events or conditions set forth in para- graphs (1) to (5), inclusive, of Section 105(b) hereof, or for any other reason, the commencement, prosecution, or timely completion of the Project by the Public Body is rendered HA improbable, infeasible, impossible, or illegal, the Government [ . . may, by written notice to the Public Body, suspend any or all .:.. of its obligations under this Contract until such time as the 1.:7':::.,f'• ' event or condition resulting in such suspension has ceased or N been corrected, or the Government may terminate any or all of 'FS''- :: its obligations under this Contract. (b) Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination notice under this Section, the Public Body shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, Project activities and contracts and such other action as ,. { k • • g. ,:,{f'41411;''y;'. ;13 a :. H L� , 9 �w °' ..J '"s ,}�rl+e7iG' w t 1HS.B ' Mr 'lk''3 y'i s.'"'fi"' .L1`w�«. ,�ns"µSpte. sytepp +�7 � i1�.,r 4 ' � j p 3 f '!�fi Y r, x �, i -r 7 '1" i i t f ra t P`� i } Jl -. ��4'° a,. ' � 4 . '�' t' ' �!�'jS tai�r+�t:� P �yrx yiy�4,. t h�}t� r 'P 1�} i;t�' i If Si�Y f ' K i t r t t -,i t• hiy S 01: 3{ ai }j { t-i .t iy Y .ry i Y +�, ._ x k 1 � 1 ��� t� #N 4 ��i �q A. 1 i9'tw4 3 S' S� S" x -ai N ih ' _ z , ., i } ;: lo, 4 (3. ' ,t ?fir ��:�"' !�,» -gSA?L`2.»�b ;.,na'.v ^, ,p. .x. ,.. „ ..r�,'k.,yt ., -i':a: ,�+wL� ��-f4}{," ;�.'�*).,#. !i_ }i:l a' :'?��� gyp:' 6 ' , may be required or desirable to keep to a minimum the costs upon n „rta the basis of which the Grant is to be computed; (2) furnish a ti`;�=. 1-;,,a' r statement of the status of the Project activities and of the E Project Account as well as a proposed schedule, plan, and budget for terminating or suspending and closing out Project activities c` and contracts, and other undertakings the costs of which are otherwise includable as Project costs; and (3) remit to the Government such portion of the Grant payment previously received as is determined by HHFA to be dui the Government under the provisions of this Section. The closing out shall be carried out in conformity with the latest schedule, plan, and budget as approved by HHFA, or upon the basis of terms and conditions : imposed by HHFA upon the failure of the Public Body to furnish r. the schedule, plan, and budget within a reasonable time. The t acceptance of a remittance by the Government of any or all Project Funds previously received by the Public Body or the closing out of Federal financial participation in the Project :Y shall not constitute a waiver of any claim which the Government ( ; may otherwise have arising out of this Contract. , 4 . Section 107. Remission of Project Account Upon Completion of Project. Upon ` completion of the Project, and after payment, provid.on for payment, or re— r. imbursement of all Project costs payable from the Project Account is made the Public Body shall remit to the Government any unexpended balance in . the Project Account less its proportionate share thereof. ■ Section 108. Audit and Inspection. The Public Body shall permit, and r.i. shall require its contractors to permit the Government's authorized repre— f: • sentatives to inspect all work, materials, payrolls, records of personnel, invoices of materials and other relevant data and records; and to audit the books, records, and accounts of the Public Body, pertaining to the } Grant and the development of the Project. i Section 109. Contracts of the Public Body. Except as otherwise authorized in writing by HHFA, the Public Body shall not execute any contract or obligate itself in any other manner with any third party with respect to i. the Project without the prior written concurrence of HHFA. , Section 110. Restrictions, Prohibitions, Controls, and Labor Provisions. �. (a) Equal Employment Opportunity i ' (1 ) In connection with the carrying out of any Project, the Public ` Body shall not discriminate against any employee or applicant for employment because of race, creed, color or national origin. The Public Body will take affirmative action to ensure that applicants are employed, and that employees are treated during ': employment, without regard to their race, creed, color or national origin. Such action shall include, but not be limited ' f': t me.$�`717,LCx" r 7. .: r -ter I x S ° -x 4'' ..i , r 1% ..., � ., 'Y sx h °* " !t-for {,`, r e d t .b" 4 «F" ,, f t t I t,.R. .,. . 4;ai..; . , < 't; . 1••,,,:L Y, xt ak, dot "'y.:'„ ,ik , „; :.r r.i,r" r � "!,t ' .....'' u • s i t ' 7 ., to, the followings employment, upgrading, demotion, or transfer; x recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for r training, including apprenticeship. The Public Body shall in- sert the foregoing provision (modified only to show the par— y titular contractual relationship) in all its contracts in connection with the development or operation of the Project, I`` except contracts for standard commercial supplies or raw r materials and contracts referred to in subsection (2) of this Section 110(a), and shall require all such contractors to insert a similar provision in all subcontracts, except sub- contracts for standard commercial supplies or raw materials. When the Project involves installation, construction, demolition, removal, site improvement, or similar work, the Public Body shall v.; post, in conspicuous places available to employees and applicants for employment for Project work, notices to be provided by the HH?A setting forth the provisions of this nondiscrimination clause. (2) The Public Body shall incorporate or cause to be incorporated into any contract for construction work, including rehabilita- tion, alteration, conversion, extension, demolition or repair i. of buildings, highways, or other changes or improvements to real property, including facilities providing utility services, or modification thereof, as defined in the rules and regulations of the President's Committee on equal ;rnployment Opportunity, which is not exempt from the provisions of Executive Order 11114 of June 22, 1963 and which is paid for in whole or in part with funds obtained under this Contract, the following equal opportunity clause: "During the performance of this contract, the contractor agrees as follows: ' (1 ) The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The contractor 4 will take affirmative action to :insure that applicants are employed, and that employees are treated during t, , . _ employment without regard to their race, creed, color or national origin. Such action shall include, but not be limited to the following; employment, upgrading, de- motion or transfer; recruitment or recruitment adver- tising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. i'a '� i~ •x _ #[, fi� t rx i.,1 l ,., MM" . Y_ .G * ' -' a rr H�i , + Fp $ { r 7 Y" �C ; T q F "!,--'';.',ii::',.;.' tb'1` a iu if A i .* i �t t ' : A a� tii. yv(t e 9 k ra[ *7u: . ri }{4, 1 t {r P,' F7ig {v,v F r o� F f - °} $7- '[ �i 3. 4 ,,it. n." . aq'f-1. 'r FpY �s .!i r ! t • ul x x sk t om t 7 n !. G "f, ` t4 s % �'' �z r�! r r =cx c,. Fc r b '-: ,ir z, 'r1;"...7"—; r ! ...-..:—.,,w,, nq' r 1 - -,a y ti + S „ :.';ti t r a % r •t+ lye." '!' y Y''s'm .4.:!:h.'c'1 L n. xl"x 144 a ! ,r ,� :,, w z z {+� w+Mi ra %c; ,t iil .�.S �L.tN Y ,....... ..z�t'mt..s.aiiip,:+Ni..w•+t..l. "�•, ..:o'+..,;•o.��.Sr.,..,uwr"v:Fi`.z.`.`z�.nsi5t w- r.rsnmz�eYr:M'!i.!'�i"�.';t}k: .,, -+•.T "" '�. .ft'3-^ rx t a - ':1, ! 1 1 i ' (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of . the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color or national origin. ' (3) The contractor will sand to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the contractor's commitments ' under this section, and shall post copies of the notice in conspicuous places available to employees and applicants 1 , • := for employment. ' (4) The contractor will comply with all provisions Ai: of Executive Order No. 10925 of March 6, 1961, as amended by Executive Order 11114 of June 22, 1963, and of the rules, regulations and relevant orders of the President's ■;, Committee on Equal Employment Opportunity created thereby. 4i ' (5) The contractor will furnish all information and reports required by Executive Order 10925 of March 6,1961, r ei as amended by Executive Order 11114 of June 22, 1963, and e by the rules, regulations, and orders of the said Committee, or pursuant thereto, and will permit access to his books, records and accounts by the HHFA and the Committee for purposes of investigation to ascertain compliance with ++ such rules, regulations and orders. ,u,,. ii: ' (6) In the went of the contractor's noncompliance V, ,>_1 �I with the nondiscrimination clauses of this contract or with t,,,, 4y any of the said rules, regulations or orders, this contract ,' ,+ may be cancelled, terminated or suspended in whole or in ''f part and the contractor may b:3 declared ineligible for further Government contracts or f:�derally assisted con- `; -•.- struction contracts in accordance with procedures author- ' ized in Executive Order No. 10925 of March 6, 1961 as amended by Executive Order 11114 of June 22, 1963, and such other ' sanctions may be imposed and remedies invoked as provided in the said Executive Order or by rule, regulation or order 4 of the President's Committee on Equal Employment Opportunity, or as otherwise provided by law. !alb::! :' II . i a fYS' y Of 702 1 r4.17,;,:i:,,,i,'-i ' (7) The contractor will include the provisions of paragraphs(1 ) through (7) in every subcontract or purchase ,.. ' order unless exempted by rules, regulations or orders of the • President's Committee on Equal Employment Opportunity issued pursuant to section 303 of Executive Order 10925 of March 6, 1961, as amended by Executive Order 11114 of . June 22, 1963, so that such provisions will bee binding R upon each subcontractor or vendor. Tha contractor will f. take such action with respect to any subcontract or pur— !' chase order as the HHFA may direct as a means of enforcing r such provisions, including sanctions for noncompliance; E'' Provided, however, That in the event a contractor becomes involved in, or is threatonodwith, litigation with a sub— t'- contractor or vendor as a result of such direction by the ' HHFA, the contractor may request the United States to enter Fes., into such litigation to protect the interests of the United q States. ' " a,s"° .,+ (3) The Public Body will be bound by the sev-:n provisions ':'i., R; .11 _cual opportunity clause in Section 110(a)(2) in any federally assisted construction work which it performs itself other than through the permanent work force d.ir :ctly employed by an , agency of government and in any direct contract with HHFA for goods or services. i, _. The Public 3ody agrees that it will cooperate actively with the HHFA and the President's Committee on Equal Employment q ; Opportunity in obtaining the compliance of contractors and ' subcontractors with the equal opportunity clause and the [ % rules, regulations, and relevant ordJrs of the Committee ; that it will furnish the HHFA and the Committee such information as they may require for the supervision of such compliance; and that it will otherwise assist the HHFA in the discharge of the F. HHFA's primary responsibility for securing compliance. The Public Body will refrain from ent )ring into any contract or : : contract modification subject to :;xecutive Order 11114 with a ` contractor debarred from, or who has not demonstrated ;' eligibility for, Government contracts and federally assisted r, - ". construction contracts pursuant to Part III, Subpart D of Executive Order 10925 and will carry out such sanctions and penalties for violation of the equal opportunity clause as ..' may be impo::ed upon contractors and subcontractors by the HHFA or the Committee pursuant to Part III, Subpart D of 1; .. Executive Order 10925. V, , (4) Tha Public Body will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (78 Stat.214), the • Regulations of the HHFA issued thereunder (24 CFR Subtitle A, Part 1,Section 1.1 et. ,eeq. ), and the assurance by the Public ' Body pursuant thereto, tiPtt :-'i --er. -t':1-,?1.1-'-;','"':'''-v,'"?1,-,Ai.----,:n,..'', ' :---...,- 7 ,:--.:....',,-..:-..,:!'4,F.;• ,,, ,,,.. .7;:,, ,,:,:,- ,,t.,•,: ..17.17xin.z.ltrry,,,TrAvnr::::z.rfrp:!kh,,,,m1Ingillpriv,t,„!,),1:1:4',.,,43 , L' ; n:.1:::,;:`,41"1-.44.,f, c f,. •�: + 9 K N. - 4: '!:.,.:4,r r M ` ,,. r' i;. .4,}+. r 1 . F�.'' 'tiF J.i`i qt ....;; 7`, 2C^I}:11,V9' i,ijra aa,,14:$1 ,4,kk.: ,'r:X„� 11.4!ti � �3'% f i` ID, ;t r; Qt; • , p .1!lip4: i = M' ,,f , ::,,':,1,,,,:',!.t ry, i z. t;t R F ix � •3 „ 3 H " r TM `' /� N L:Fli w v,,,-, � j �r ,,r "A'4,0.1.31.4. i t, .0 ,. ,01.,!,,.. ..,,F,.,.5. i un4 n.T '`,, ':2,, '. ' r " i„ ,,,, ,,'' n •0 , . l u.,., ... ,.,, S,-: 10 (b) Com p etitive Bidding. The Public Body will give full opportunity for free, ` open, and competitive bidding for each contract to be let by it calling for construction or the furnishing of any materials, supplies, or equipment to be paid for with Project Funds; will give such publicity to I its advertisements or calls for bids for each such contract as will provide adequate competition; and the award of each such contract, when made, will be made by it as soon as practicable to the lowest responsible . i bidder: Provided, That in the selection of materials, equipment, or isupplies, the Public Body may, in the interest of standardization or ultimate economy, if the advantage of such standardization or ultimate ' economy is clearly evident and appropriate provision for such action is included by it in the proposed contract documents upon which bids are invited, award a contract to a responsible bidder other than the lowest in price: Provided, further, That if the estimated amount of the proposed contract, as estimated by the Public Body, is $2,500 or less, such { contract may, except where contrary to the requirements of State or local law, be let by the Public Body on the basis of informal bidding: Provided, further, That contracts in amounts of $1,000 or less may, except 1 a where contrary to the requirements of State and local law, be made from time to time by the Public Body without negotiation or competitive 1 bidding and without observance of the other provisions of this subsection 1 (b) : and Provided, further, That if the Public Body finds, and the HHFA concurs, that the purchase of materials, equipment, or supplies needed are of a type or class that are not competitively available and the obtaining of such materials, equipment, or supplies can be made more economically by purchase in the open market by negotiation rather than by competitive bidding, the Public Body may do so. (c) Prohibited Interests. Neither the Public Body nor any of its contractors or their subcontractors shall enter into any contract, subcontract, or arrangement in connection with the Project or any property included or planned to be included in the Project, in which any member, officer, or i employee of the Public Body or the locality during his tenure or for one .�' ' year thereafter has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily acquires or had acquired prior to the beginning of his tenure any such interest, and if I I such interest is immediately disclosed to the Public Body and such disclosure is entered upon the minutes of the Public Body, the Public : Body with the prior approval of the HHFA, may waive the prohibition contained in this subsection: Provided, That any such present member, officer, or employee shall not participate in any action by the Public Body or the locality relating to such contract, subcontract, or arrangement. , 1 The Public Body shall insert in all contracts entered into in connection with the Project or any property included or planned to be included in any Project, and shall require its contractors to insert in each of their subcontracts, the following provision: t" It i ii'- f i; cr 77 xsf+ . .^ T- r nee �F t r • ,,yy;; d t r S, r »:�j f it, �'i{ s`ar#i• a . .'i ' ,.t�i.1 ,ll,-`,Sj j�s�n4,�f ':3t ,+f''#.'iki ',PtP: ^ '4;,;.. �'k;�-�M �r,�.++.`-r d... "�.�1�R#. .� n a a, �s• e^'s"it .Ir_ rz�{o-17��., ar e;�» �rr. �i o ! kk 11tt "No member, officer, or employee of the Public Body or of the locality during his tenure or for one year thereafter shall have any interest, direct or indirect, in this contract I, or the proceeds thereof." The provisions of this subsection shall not be applicable to any agreement ;' between the Public Body and its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a f Governmental agency. (d) Use of American-made Products. In accord with Section 9(c) of the Urban Mass Transportation Act of 1964, only domestic source manufactured articles shall be used in the performance of any contract 4, for construction, reconstruction, or improvement of mass transportation facilities and equipment in furtherance of the purposes for which a grant is made under the Urban Mass Transportation Act of 1964. As used in this section: �,• , (a) "Manufactured article" means any article, material, or equipment brought to the project site for incorporation into mass transportation facilities or equipment. (b) "Component" means any article, material, or equipment directly incorporated into a manufactured article. (c) "Domestic source manufactured article" means any manufactured article which has been manufactured in the United States if the cost of its components which are manufactured in the United States exceeds 75 percent of the cost of all its components. (d) "United States" means the several States, the District of Columbia, the Commonwealth of Puerto Rico, and the possessions of the United States. In determining whether a manufactured article is a domestic source manufactured article: (a) Only the manufactured article and its components shall be considered. (b) A component shall be considered to have been manufactured in the United States if the manufactured article in which it is incorporated is manufactured in the United States and the component is of a class or kind determined by the Administrator to be not manufactured in the United States in sufficient and reasonably available commercial quantities. y;p 4 • iY•P$: �� :V'4 {ililrz .• 1 �� �,. .:i a Y .� 1•.�i•t�,r�4a'`.+�'!a�'.a ,:{ }"Fi!.�'i�! F� I tEk: i g i�, 3 yy5, � f 3��r { �_r� IFhW i �t ?i" ,4 t+YN x i- •I rx;' .M «.+a "Ct' I''51 I '' ,y Y w e ' t a ,r-..1 v .*. 4 f t :. .r 4. g :"s:-'4,.k%-. K t '' 1 . L f. e 4..,:i;:;:';:-:,--:-::;..q,' v �: s; ...] e+ 'x r.37 r ✓ s a ii at R i{ ; °R+ t s 5 'SAM t .- �-.... .... .� W..Sa:..,..�*.i�w>rrkitia,x'.tss as,raoal�>�'i..rei.�:i�i,$+s�. tri ��.....'.aitC S�riiu �`L�' '.dw.:i4e�n..«Y.+wY� ,:� ..e. *.r t t'r : 12 ti (e) Patent Rights. Any patentable result arising out of this Contract, as well as all information, designs, specifications, know—how, data, and findings, shall be made available to the Government for miblic use, unless the HHFA shall in a specific case where it is legally permissible determine that it is in the public interest that it not be so made available. (f) Interest of Members of or Delegates to Congress. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Grant Contract or to any benefit arising therefrom. (g) Labor Provisions — Construction. The following provisions shall be li applicable to all construction contracts let by the Public Body in 1: 1 carrying out the Project involving $2,000 or more. (1 ) Minimum wages. (i) All mechanics and laborers em- ployed or working upon the site of the work, will be paid un- i' conditionally and not lass often than once a week, and without subsequent deduction or rebate on any account (except such j payroll deductions as are permitted by regulations issued by 1 the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amounts due at time of payment computed at wage rates not less than those contained in the wage determination decision of the Secretary of Labor applicable to the Project, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics; and the .. wage determination decision shall be posted by the contractor at i the site of the work in a prominent place where it can b> easily • seen by the workers. For the purpose of this clause, contributions made or oasts reasonably anticipated under section 1 (b)(2) of the Davis—Bacon Aot on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1 )(iv). Also for the purpose of this clause, regular contributions made or costs incurred for more than a weekly t®rr' {i period under plans, funds, or programs, but covering the particular '_`�{ .. weekly period, are deemed to be constructively made or incurred 1 during such weakly „ g Y period. t j jh ,{ (ii) The contracting officer shall require that any class of `` laborers or mechanics which is not listed in the wage determination a.4.!tlii:ji:,:�.. 7 laborers u e eee and which is to b3 employed under the contract shall be classified z e p 3 , �;; or reclassified conformably to the wage determination, and a report of the action taken shall ba sent by the HHFA to the Secretary of 'l Labor. In the event the interested parties cannot agree on the :, proper classification or reclassification of a particular class of laborers and mechanics to be used, the question accompanied by the F ,. ! recommendation of the contracting officer shall be referred to the Secretary for final determination. ��at Ra-�YY' 'fix` '- , l.' .fS'•1�i4 Y j� ?k w 13 C0t >t' jr (iii) Tho contracting officer shall require, whenever i�ri , the minimum wage rate prescribed in the contract for a class '. of laborers or mechanics includes a fringe benefit which is i -" not expressed as an hourly wage rate and• the contractor is obligated to pay a cash equival,ent of such a fringe benefit, I. an hourly cash equivalent thereof to be established. In the event the interested parties cannot agree upon a cash equiva— ' dent of the fringe benefit, the question, accompanied by the recommendation of the contracting officer, shall be referred `: to the Secretary of Labor for determination. (iv) The contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1 (b)(2)(B) of the Davis—Bacon Act, or -: any bonafide fringe benefits not expressly listed in section : 1 (b)(2) of the Davis—Bacon Act, or otherwise not listed in ; ' the wage determination decision of the Secretary of Labor which `` is included in this contract, only when 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. Whenever practicable, the contractor should request the Secretary of Labor to make such findings before th:e making of the contract. In the case of unfunded plans and programs, . the Secretary of Labor may require the contractor to s.:t aside in a separate account assets for the meeting of obligations under the plan or program. k (2) Withholding. The HHFA may withhold or cause to be f withheld from the contractor so much of the accrued payments or advances as may be considered n.;cessary to pay laborers and mechanics employed by the contractor or any subcontractor on the work the full amount of wad.:s required by the contract. In the event of failure to pay any labor r or mechanic employed or working on the site of the work, all or part of the wages 6 required by th^ contract, the FmFA may, after written notice ?° to the contractor, sponsor, applicant, er owner, take such t . action as may be necessary to cause the suspension of any , . further payment, advance, or guarantee.: of funds until such ':, _ violations have ceased. : (3(3) Payrolls and basic records. P.. "• : .� (i) Payrolls and basic P. . : records relating thereto will be maintained during the course of the work and preserved for a period of three years ther +- after for all laborers and mechanics working at the site of r the work. Such records will contain the name and address of f• I. I. 1 • 3 j 1 i ° � � f lI-. k -f3!T ' � ;f, f'r:'737 i x lr t :?7 d j�3^ r r rTP. '47r; wr - . -;'i ,/ i . ,..a:: r ..+••:.. ,... ; v �i°,.Sr t', .:r#aL�,Yt.,.?alb'. . v tl .t'».r..'""f r_r,.;.,.r -v:7, 0 • r• ,` s ts. • I 4 Y 1 4 i �. .>i�r, ' each such employee, his correct classification, rates of pay (including rates of contributions or costs anticipated of the types described in section 1 (b)(2) of the Davis—Bacon Act), i' 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 i in providing benefits under a plan or program described in section 1 (b)(2)(B) of the Davis—Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable that the lan or p 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. Ili (ii) The contractor will submit weekly a copy of all payrolls to the Public Body for transmission to the UFA. The copy shall be accompanied by a statement signed by the employer or his agent indicating that the payrolls are correct and complete, that the wage rates i. contained therein are not less than those determined by the is Secretary of Labor and that the classifications sat forth ,` for each laborer or mechanic conform with the work he performed. A submission of the ''Weakly Statement of Compliance" which is required under this contract and the Copeland regulations of : the Secretary of Labor (29 CFR, Part 3) and the filing with 1. the initial payroll or any subsequent payroll of a copy of any findings by the Secretary of Labor under 29 CFR 5.5(a)(1 )(iv) t: shall satisfy this requirement. The prime contractor shall be responsible for the submission of co ies of i p p payrolls of all subcontractors. The contractor will make the records required under the labor standards clauses of the contract available for inspection by authorized representatives of the HHFA and the Department of Labor, and will permit such repre- sentatives to interview employees during working hours on the j. job. i, (4) Apprentices. Apprentices will be permitted to work as such only when they are registered, individually, under a "! bona fide apprenticeship program registered with a State ; ' apprenticeship agency which is recognized by the Bureau of Apprenticeship and Training, United States Department of Labor; or, if no such recognized agency exists in a State, under a program registered with the Bureau of Apprenticeship and Training, United States Department of Labor. The allowable r` ratio of apprentices to journeymen in any craft classification f. I f, 11::::.., -g+�fms+,�-.- 2--z. ,7-1.'°?r '77nr,r, r."^'RY".;,•.l^°`^,Itlf":77^^" .C°rv-t, '9".. °V i �rv;..- ,t2'1'. 777775747-777:77777 r..X+ a'�,'y nm"�gaP�^°,-7! tom. t '«..r 4-',:' „ .,.,,,e, ... 3f tree 'r b,R 4. i , t'u,,1e.y,-+{t ,,,:o:^.ib4tr0•4M* .c, ;ir r•1.a. t'+,4tr, e ,{„4t:,, }'. .-yY 9 i• ,tv.:.itn- • ' r 15 ; - .- . shall not be greater than the ratio permitted to tha contractor as to his entire work force under the registered program. Any employee listed on a payroll at an apprentice wage ea e, who is s not registered as above shall be paid the wage rate determined by the Secretary of Labor for the classification of work he actually performed. The contractor or subcontractor will be required to furnish to the contracting officer written evidence of the registration of his program and apprentices as well as of the appropriate ratios and wage rates, for the area of construction prior to using any apprentices on the contract work. (5) Compliance with Copeland Regulations (29 CFR Part 3). r The contractor shall comply with the Copeland Regulations (29 CFR Part 3) of the Secretary of Labor which are h:orein incorporated G by reference. 1 C (6) Contract termination; debarment. A breach of clauses €� r ; (1 ) through (5) and (10) may ba grounds for termination of the contract, and for debarment as provided in 29 CFR 5.6. i (7) 0vertime requirements. No contractor or subcontractor f contracting for any part of the contract work which may require , or involve the employment of laborers or mechanics shall require i or permit any laborer or mechanic in any workweek in which he is 's employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in such workw9 ek unl ass such laborer or mechanic receives compensation at a rate not less than one and one—half times his basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess ;` of forty hours in such workweek, as the case may be. f (8)Violation; liability for unpaid wages; liquidated damages. t In the event of any violation of the clause set forth in sub— ;'. paragraph(7), the contractor and any subcontractor responsible therefore shall ba liable to any aff.;cttd employee for his un- paid wages. In addition, such contractor and subcontractor shall c. be liable to the United Stages (in the case of work dons, under contract for the District of Columbia or a territory, to such District or to such territory) , for liquidated damages. ach �! .`e liquidated damages shall b computed with respect to each individual laborer or mechanic :m lo - ; p y d in violation of the clause set forth in subparagraph (7), in the sum of $10 for 4 each calendar day on which such employee was required or permitted to work in ,xeess of eight hours or in excess of the standard workweek of forty hours without payment of the over- time wages required by the clause set forth in subparagraph (7). I; i i- r '` 4 r " i 7 r r ..i y „ :e u 4„ '� Y i i l • -d' m �r Fa.ZIr' ^:. ..F„ % e e 4 ,�a ,, .r •4a , „!”.;;14'`°,1',E'.! ..;4. :r ��it., w 'at",•�9�i�a ��!," • y -Itik' . , s vx � " t - 7. � Crrs fi2 : p, k t3 - a'. 4 : " .. f a. � ' '4. =71" �"y ,l. i�.. 4� t� *:i f.�4. "Z . 1. :+e a rti i''',‘'. .."i ; t 'l � ,?r. .ta f f . '� i a S .; " ,1 - to 34 -<Lt L k .. `a6 '} 4 -,,t Ay .i' ''r $ •. L ' `. ? w • a m-u aa '""" +!f ten .:•` t. , }44, ,e1L"'Y^"3"r Vi-.r �.'.N ; !'.tom 4r.ivti w. < ' i t k; iL x•1.'. :t..-? .-,, 'ct. tK4 e..s t�m. .rttl' ax_ „, •" ,, . u set,• y,�et.K �Y .�. iw ��" t 31 ,d u i.. . * a s; fir"x � ' i i" Z4#1 61±11 i a ' i .. K,3!" » n s 4; 4"' R ' ' 1•t ( , ,, a . k : r r . }r.�3 sn rtz *` H � : ' �"xi tia�� 4 :W.`1 i' '''i F l;V:iiilt tLiiiiizi' t-Ai+..id,, teffYull 'i".d'lititIA: 1.,, �d;eriN. mtdo . ./dov.{ex,v.b: ni,,,, 1 1 ' 16 (9) Withholding for liquidated damages. The HHFA may with- hold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor, such sums as ,f may administratively be determined to be necessary to satisfy any a liabilities of such contractor or subcontractor for liquidated • I damages as provided in the clause set forth in subparagraph (8). i (10) The contractor shall insert in any subcontracts the 1 i clauses sat forth in subparagraphs (1 ) through (9) of this para- graph and such other clauses as the HHFA may by appropriate s ° instructions require, and also a clause requiring the subcon- t. tractors to include these clauses in any lower tier subcontracts which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made. s Section 111. Construction Contracts. (a) Changes in Construction Contracts. Any change in a construction contract shall be submitted to the HHFA for prior approval. Construction ] contracts shall include a provision specifying that the aoove re- 4 quirement will be met. (b) Contract Security. The Public Body shall require that each con- struction contractor shall furnish a performance bond in an amount at least equal to 100 percent of his contract price as 1 security for the faithful performance of his contract and also 1 a payment bond in an amount not less than 50 percent of his contract price or in a penal sum not less than that prescribed 4' ' by State, territorial, or local law, as security for the payment of all persons performing labor on the Project under his contract :1+ and furnishing materials in connection with his contract. The performance bond and the payment bond may be in one or in separate instruments in accordance with local law. , (e) Insurance Airing Construction. The Public 3ody shall require that ta ', each of its construction contractors and his subcontractors shall maintain, during the life of his contract, Workman's Compensation Insurance, Public Liability, Property Damage, and Vehicle Liability Insurance in amounts and on terms satisfactory is amatory to the HHFA. (d) Signs. The Public Body shall cause to be erected at the siti of construction, and maintained during construction, signs satisfactory to the HHFA identifying the Project and indicating the fact that the Government is participating in the developm;nt of the Project, ' - , (e) Provisions of Construction Contracts. In accordance with Section 109 hereof `s-i.)' the terms and conditions of each construction contract are subject to t : prior approval by HHFA. In addition to the requirements of this Section 111, ON'" each construction contract shall contain among others, provisions required )i 'x''"'.,. g s F q >' p by subsections (a), (c), (d), (f), and (g) of Section 110 hereof. u Ki } '4 t, tdintLfJ 4 r■ T Y t-: 't r t x -� :i 1 17 Section 112. Miscellaneous Provisions. I'M (a) kir Pollution. All proposals for the acquisition, construction, i' reconstruction, or improvement of facilities or equipment shall i be presented to the HHFA for approval. In rendering such approval, i th.. RUA shall take into consid )ration whether such facilities € or equipment is designed and :quipped to prevent and control l air pollution. (b) Government Not Obligated to Third Parties. Ph) Government shall r� not be obligated or liable hereunder to any party other than f'. the Public Body. �. (c) Wh- n Rights and Remedies Not Waived. Tn no :vent shall the t making by the Government of any Grant payment to the Public Body constitute or be construed as a waiver by the Government ' of any breach of covenant or any default which may then exist, ` on the part of the Public Body, and the making of any such , payment by the Government while any such breach or default shall exist shall in no wise impair r1• prejudice any right or '. remedy available to the Government in raspee ,, o . such breach ..- or default. (a) How Contract Affected by Provisions Being Held Invalid. If any :,: provision of this Contract is held invalid, the remainder of this 1. Contract shall not b affected thereby if such remainder would then ` u continue to conform to th.� terms and requir .m,nts of applicable law. ; (e) Bonus or Commission. By execution of the Grant Contract the Public Body represents that it has not paid and, also, agrees nottn pay, any bonus or commission for the purpose of obtaining an approval y of its application for the Grant hereunder. (f) State or Territorial Law. Anything in the ;rant Contract to the contrary notwithstanding, nothing in th. arant Contract shall :?;' ' require the Public Body to obs :ry or enforce compliance with +'r`''-P-4,t any provision thereof, p :rform any other act or do any- other '� thing in contravention c:' any an licabl State or territorial '''" law: Provided, That if any of the provisions of the Grant `" ` ' t `�s-alsrr,�' `e :ontract violate any applicable ;State or territorial law, or #tea tr. if compliance with the provisions of the Grant Contract would ,` �+ N require the Public Body to violate any applicable State or Ri;rk� territorial law, the Public Body will at once notify the HHFA ^.;,,,"... in writing in order that appropriate changes and modifications m't be mad by the HHFA and th.. Public Body to the end that the ��" F 4Y w � t s Public Body may proceed as soon as possible with the Project. i t 1 r ik i . .. , . l .. Mt t i t t g f ,.;r yI 3 a A f ^^f' 1 m'w 11 'w.9� ' ' ; 1 P w fie r y 73 °*1. , !' �' G roa `e. n A f f i� 5 41 r , t ' L T ' K s , S � � ' HL.'� 4 ; ;u'k ;4 ' !,'':.;;;;;;;.--,-& . .yam nx ;,3 i i �, ,, nt . M , r k„ww u z `: { a - ..: -- ,a.. ..7. t... .r , It N -2- SECTION 2. This Resolution shall be in full force and effect from and after its adoption. ADOPTED: December 1, 1965 57e// ATTEST: / APPROVED City Clerk Mayo