HomeMy WebLinkAboutPR 17543: CONTRACT WITH MAVERICK COMMUNICATIONS FOR TRANSIT RENOVATIONS WIRING TRANSIT DEPARTMENT
MEMORANDUM
TO: Floyd Johnson, City Manager and City Council
FROM: Debra D. Ambroise, Transit Planner/ Fay Young, IT Manager
SUBJECT: P.R. No. 17543; Transit Renovations Wiring
.DATE: February 7, 2013
RECOMMENDATION:
I recommend that Proposed Resolution No. 17543 be approved awarding a contract to Maverick
Communications, Inc., of Beaumont Texas to reestablish the communication network of the
newly renovated Transit Service Center.
BACKGROUND:
Quotes were received from (3) three vendors and Maverick Communications, Inc. provided the
lowest quote as indicated below.
QUOTES(S)
Maverick Communications Inc Beaumont Texas $8,823.75
Discovery Information Technologies...Nederland Texas $10,069.00
National Networks Nederland Texas ...$15,006.56
BUDGETARY/FISCAL EFFECT:
Funding for the renovations and related work have been allocated through Federal Grant
Number TX -96 -X040; Account Number 402 - 1508 - 561.54 -00.
STAFFING/EMPLOYEE EFFECT:
The proposed wiring will complete the renovation project and reestablish the communication
network.
SUMMARY:
I recommend that Council approve Proposed Resolution No.17543 awarding a contract to
Maverick Communications, Inc., of Beaumont Texas to reestablish the communication network
of the newly renovated Transit Service Center.
r'
Debra Ambroise, Transit Planner
4
P.R. No. 17543
2/07/2013 DDA
Page 1 of 2
RESOLUTON NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONTRACT WITH MAVERICK COMMINICATIONS, INC., OF BEAUMONT, TEXAS
TO REESTABLISH THE COMMUNICATION NETWORK OF THE NEWLY
RENOVATED TRANSIT SERVICE CENTER IN THE AMOUNT OF $8,823.75.
FUNDING ALLOCATED THROUGH FEDERAL GRANT NUMBER TX -96 -X040;
ACCOUNT NUMBER 402 - 1508 - 561.54 -00.
WHEREAS, the City of Port Arthur Transit Service Center has been renovated and the
communication network must be reestablished; and,
WHEREAS, Maverick Communications, Inc., of Beaumont, Texas provided the lowest
quote (tabulation attached as Exhibit "A "); and,
WHEREAS, the Federal Transit Administration (FTA) has set forth regulations and
clauses (attached hereto as Exhibit "C ") that must be followed to utilize Federal funds.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PORT
ARTHUR:
THAT, the facts in the preamble are true and correct.
THAT, the City Manager is herein authorized to enter into a contract with Maverick
Communications Inc., of Beaumont, Texas to reestablish the communication network at the
Transit Service Center, in substantially the same form as Exhibit "B ".
THAT, a copy of the caption of the Resolution be spread upon the Minutes of the City
Council.
READ, ADOPTED AND APPROVED, this the February, A.D. 2013, at a
Regular Meeting of the City Council of Port Arthur Texas by the following vote:
P.R No. 17543
2/07/2013 DDA
Page 2 of 2
AYES: MAYOR:
COUNCIL MEMBERS:
NOES:
Deloris Prince, Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED AS TO FORM:
I iI�
Val T'zeno,7 A7`
APPROVED FOR ADMINISTRATION:
Floyd T. Johnson, City Manager Colleen Russell, Transit Director -
.[�IJ'
Shawna Tubbs, Purchasing Manager Deborah Echols, inance Director
EXHIBIT "A"
BID TAB
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EXHIBIT "B"
CONTRACT
CONTRACT
FOR NETWORKING SERVICES
FEDERAL /STATE FUNDS
PART 1 - AGREEMENT
THIS AGREEMENT, entered into as of this day of 2013, by and
between the City of Port Arthur, Port Arthur, Texas (hereinafter called the "CITY ") acting herein by
its City Manager, duly authorized by Resolution of the City Council of the City of Port Arthur and
Maverick Communications, Inc., of Beaumont, Texas, (hereinafter called the "INSTALLERS ")
acting herein by Jeff Longlois, Vice President hereunto duly authorized:
WITNESSETH THAT:
Whereas, the City desires to engage INSTALLERS (1) render certain professional services
hereafter described in "Description of Work to Be Performed ", the Parties hereby mutually agree as
follows:
1) EMPLOYMENT OF INSTALLERS
The CITY hereby agrees to engage the INSTALLERS and the INSTALLERS hereby
agree to perform the "Description of Work to Be Performed" hereinafter set forth. This
contract shall be performed in Jefferson County, Texas.
2) DESCRIPTION OF WORK TO BE PERFORMED
Installation of services in connection with reestablishing the communication network of the
newly renovated Transit Service Center.
The services rendered by INSTALLERS for the project are as follows:
• Corning Altos 12 fiber single mode
• ST SM ANAEROBIC CONNECTOR - CORNING
• CORNING 12F FAN -OUT KIT : FAN- BT25 -12
• 3M COLD SHRINK: 8426 -9
• PRETIUM 1U RK MNT ENCLOSURE CORNING CABLE
• CORNING 12 PORT ST FIBER PANEL
• OTDR TEST & DOCUMENATION
• ST -ST SM 2 meter fiber jumpers GBST2 -D1 -02
• 1/4 " SS messenger
DESCRIPTION OF WORK TO BE PERFORMED CON'TD
• POLE /BLDG. HARDWARE
• MISCELLANEOUS SMALL PARTS
• BUCKET TRUCK CHARGE
• INSTALLATION /LABOR CHARGES
3) TOTAL COST OF WORK
The total cost to reestablish the communication network of the newly renovated
Transit Service Center located at 320 Dallas Avenue; including the above "Description of
Work to be performed" is $ 8,823.75.
ACCEPTED: PROPOSED AND AGREED TO:
CITY: MAVERICK COMMUNICATIONS,
CITY OF PORT ARTHUR, TEXAS INC.
BY:
City Manager Print Name:
Title:
DATE: DATE:
ATTEST: WITNESS:
City Secretary
APPROVED AS TO FORM:
City Attorney
EXHIBIT "C"
MAVERICK COMMUNICATIONS INC., IS
REQUIRED TO SIGN PAGE 6 OF THE FEDERAL
TRANSIT ADMINISTRATION REGULATIONS AND
CLAUSES FOR FEDERALLY FUNDED PROJECTS
Table of Contents
• • 1. Drug and Akohol Testing
Charter Bus Requirements
3. School Bus Requirements
4. Energy Conserration Requirements
Clean Water Requirements
o. Lobbying
7. Access to Records and Reports
8. Federal chanras
Clean Air
Contract Work Hours and Safety Standards A.ct
11. No Government Obligation. to Third Parties
12, Progran Fraud and False or haudulent Statements and Related Acts
Termination
14. GOverranent-wide Debarment and Sus.pamion (Non-procurernent)
IS, Privacy At •
t7, Breathes, and Dispute Resoktion
Transik-grnpi4ePtotectivel. Averments
. . Disadvantaged Busms Eterpnses (DBE)
State and Local Law Disclaimer
21, IncorpOra_tion of Federal Tn!nSt Administrat4on (FTA) terms
Bidders are strongly advi'ded to read and Adhere to arkSignatnte and cOntratturd
reiliaiiiieritsAlkiiiiieineritS ate siedfliall*, Contract
Agreement.,Failtite'iO cciirtigy With all reqUirernenti could reSult in the bid being
rejected as non-responsive.
, .
Federally Required ad other Model Contract Clauses
2
1, DRUG ANDALCOHOL - T ESTING .
49 1.1,S.C. A5331
49 CFR Parts 653 and 654
Applicability b. contracts
The Drug and Alcohol. testing p•tovisions -apply to Operabonal Service Contracts.
Flow Down Requirements
Anyona who performs P. safety-sensitive funt.tion fim the. City of Poit Arthur or sub recipient is
requimi. to comply with 49 CFR 653 and 654, 1,triless th s kr maintenance services-. •
?AA:intim:3nm contrackIrs for non-urbanized area formula program grantees am not sot-Oct ts3
the rules. Also, the. rules clo• not apply to ritaintenanc subcontrtictom.
Model aausotar
Introduction
FTA's drug and alcohol rules, 49 CFR fisa and 654, m.spectively, are unique arruang the
regulations issued by PT First they require the ot u Pee: Arthur to ensure that any entity
performing a s.ifety-sx.risitiv-e function on the City of . F\ort Arthur's behalf (usually subrecipien.ts
and/or contractors) linplement a complex thug and alcohol testing program that complies with
Parts 653 and 654. Second, the rules condition the res:eipt of certain kinds of FTA funding on the
City of Port Arthur's corriphame with the rule% thus, the cit of Port Arthur is not in
compliance . with the rules unless every entity that performs a safety-sensitive function on the
City of Port Arthur's_ behalf is in compliance with the rules. Third, th e rules do not specify how
a City of Port Arthur ensures that its subrecipients and/or t:oretractors comply with them
Dru and Alcohol. Testing
Th e. contractor ag rees to establish and implement: a. drug and alcthol testing program the
complie,s with 49 CFR Parts 653 and 654„ produce any d'ocumentation zuKessary to establish its
compliance with Parts 653 and 654, and permit any authorized representative of the Unit.ed •
States Department of Transportation or its operating- administrations,. the State .Oversight
gency cf Texas, or the City of Port Arthur, to spec the .facilities and .records assodated with
the implemeiltation of the ..ctrag and alcohol testing program...as required under. 4 CFR Parts 653
and. 654 and. eview the testing process. The contractor agrees farther to certify a.nnually its
compliance. veith. Parts 613 and 654 before Corset date) and to submit the Management
information !.... (MS) reports before cin%e.rt date before Muth 15) to (insert title and.
address of perso.n res.ponsible.for receiving, info.rmation).. To certify ampliance the contractor
shall
us the PSubstance At e Certilicadone in the 'Annual List of CertificatiOr4 and
AWA1111.11CeS ;toy Fe,,teral Tmlsit Administration Grants and Cooperative AWeeffte-Titi? WFaCh. is
pablithed . tugutally in the Federal Register. The. Contractor agrees.; further to [Select st„ b„ o c3 (RI
submit heloM. OnSert date or upon request) a g. of the Policy %A-extent developed to
implement its din and alcohol testing progam OR (b) adopt (insert 'tide DS the Policy
Staternemt recipient was the to it policy statane-nt as required under 49
CFR 653 and 654 OR (c) submit for review and approval before (inert date or :Towle-quest) a
'Copy of its Poky Statement developed. to implement its drug ad alcohol testing p.rogranz.
additiora,„ 0,-)ritrattor agrees bc,:
to det?..raninmi by the'recipira, but may atikiress amIt
8.a as: the sekNiffion o the cettifiekd latwratory, substa.i7t,ce abas&a prtlfess. - Or Medit:a3 -
Review Officer,. or the use of
Federally Required and other Model Contract Clauses 3
2. CHARTER BUS REQUIREMENTS
49 USC § 5313(d)
49 CFR. Part 604
Appl to Contract
tract
The charter Botts requirements apply to the following type of contract Operational Service
Contracts.
Flow Down Requirements
The Chatter Bus requirements flow down from FTA recipients and st;hrecipie.rtts to first tic.
service e cont ractors,
Model ClauselLanguage
The relevant statutes and regulations do not mandate any specific clause or language, The
following clause has been clevelo).-ted by Mk,
Charter SerVice Operations - The contractor agrees to comply with 49 TJSC § 5323(d) and 49 CFR
Part 604. which provides that recipients and subrecipients of FTC. assistance are prohibited from
providing charter service using federally funded equipment or facilities if there is at lit one
private charter operator willing and able to provide the servke except under one of the
exceptions at 49 CFR § 6049. Any charter service provided under one of the exceptions must be
'in_ddentar i.e., it must riotintexfere with or detract from the provision of ream transportation;
3, SCHOOL BUS REQUIREMENTS
49 USC S (P)
49 CFR Fart
Applicability to Contract
The School Bus requirements apply to the:folowing type of contract Operational Service
Contracts,
F1O W Down Requirements
The School Bus requirements flow down from FTA recipients and subre pienis to. fast tier
service coo tradOTS,
Model. ClausefLanguage
The relevant statutes and regulations do not mandate arty specific Clause or language. The
following clause has been developed by -"' 3 A.
Sh00% Bus eras t-icns Pursuant to 69 CISC § .x'23 {ta and 49 CFR Pert 6i25, recipients and
subredpie.nts of PTA assistance n w not et ge in shod b o exclusively for the
transportation of student and school personnel in competition' with private school bus
operato s u nie s qualified under specified exemption &_ Whet. operating ex h sive sch oI bus
serV Ce under an allowable exeriwtion„ recipients and subT E' ients may not taSe fed&rally
f'ttrdtieu e t;ila. ��: t :tellie or facilities.
4. ENERGY CO SE.VATION REQUIREMENTS
Fedensily Requixd and other Model Contract Clauses 4
_
.
. . .
USC
•
'49 Clq:
.A pplicability to Contracts
The Energy Conservation requirements are applicable is all contracts.
How Dewn.
The Energy Consk, :requirements extend to all third party ;..:ontractors .a..ncl their contracts
a t t...- 64: arid. subre.dpiemts and their subagreements at every tier.
Model Clause/ Language
No specific clause is recommended in the regulations becckuse the Energy Conservatic.m
TIN dreyrkenh; are so dependent it the state eriera conservation plan. The following language
has bet.. develope.d by
FTA.
Energy Consetwation - - The contractor agrees to comply with mandatory standards and policie.s
relatft- to energy efficiency v.thich are. contair ed. in the state enersy k. plan issued in
k.'.orripliance with the Energy Policy and Corlsenration .Att.
5, CLEAN WATER REKgilltEMENTS
33
us .§ 3251.
Applicability to Contracts
The Clean W'ater requirements apply to each contract and subcontract which exceeds siouoia.
Flow Down
The Cl.ean. Water requirements Row down to FTA. recipients . and subrecipients at every tier.
.Nziodel Clause] Language
While no mandatory clause is Contained . in the Federal Water Pollution Coritrol Act as
amended, the following language. developed by FTA contains all the mandatory .requirements.
Cr Water - (1) The Contracto r. agrees ti 4 N)-trIply V4i1111 ,appaiotihie stambpas„ owten
regulations issued pursuant to the Federal. liVata. Polltatiem Gent:roll
A. as atratanded,.n use
1251 et sett, The Contractor agees to report ea& violation kt..) NKtiuts.10- and toodkfrstaritU
and agrees that the Purchaser turn„. - report each. vioktion as rep,th.e.d to assur.e
notification to FTA. and the a.ppropriate EPA Regional Office,
(2,) The Contf.e.c.to_r also agrees to ir riclucle the requirements in each - slibz . .antract exceeding
SIOCkiM finamed i who c).-r paIl: With Federal assistance provided by VIA,
.6, LOBBYING
31 UTSC § 1352
.49 CFR Part . 19
49 CFR Part 'X
A..piolicability COntracts
Federally R.Nitired and other Model Contract Clauses
The Lobbying - requirements apply to„;Construction/Architectoral and Engineering/ Aoluisition
of Roiling Stoci(/Proional Service Contractierational Se Iv ice •Contractl 'Flunkey
contrac..
Down
The Lobbying requirements Mandate the MAX11111.110 flow down„ pursuant ID Byrd Anti-
Lobbying Arrtendtrient, 31 USC §1352(b)( and 49 CFR Part 19, Appendix A, Section 7.
Man'datury (ause, Language
and s language theA-eirt nye mandated by 49 CFR Part 19, \pp:Ind:ix A.
iMeAlificationss have beei inade to th e Clause pursuant to Sectic,n to of the Lobbying Disdosure
Act of 1995, PL 104-65 ito b codified at 2 USC §1613L et $eqj
Lobbying certification and Distiosure of Lobbying Activities for third party contractors are
ow:dated by 31 USC § 1352(b)(5), atnerided by Sectn1.0 of the Lobbylrq Disclosure Act of
1995, aid DOT implementing regulation, *New Rsstrictions ort Lobbying,' at 49 CFR § 20.110(d)
Language in Lobbying Certification is marldated by 49 CFR Part 19„ .Appendix A, Section 7.,
which provides that contractozs file the certification required by 49 CFR Part 20, Appendix A,.
•
Mcdifications &we:been made to the Lobbying: Cettificadon punuant to Section 10 of the
Lobbying Disdkuure Act of 1995,
Use rf 'Disclosu Et' Of Lebbying Activities,' Standard Form-11J, se forth in Al.pendizt B 'of 49
CFR Part 20, as amended by "Coverimyent 'wide Guidance For N'trt7Rmtrictions on Lobbying,'
Fe(1.Retitil (1119/96) is mandated. by 49 CFR Part20, Ap A.
Byrd Anti-Lobbying Amendment, 3' UK § 1352„ al-net/deft by - the Lobbying Disclosure At
of 199S, PL 104-65 tto be codifiad-rgt 2 UK 5 etsesj Contractars who apply or bid fur an
AiVar' of poo„o(Ifi Gr. more shall file the certilkatiOn required by 49 CFR FA.. rt 2 New
PkeStrictions on Lobbying. Each ti±..er oeW the tiff above that it will not and has not used.
Feder-al appropriated funds to pay any person or arganimtionio.r intlueratIg or aaerriptinig to.
influerK7e: an (officer or ernployek.. of any agency, member of Omgress„. offiCer or employee of
Gong .re:7-k-, or an empioyi..e of a rmantrier of Cangze,%. in tot with obtaining any Fed..-al
contrect. grant os any other award ctwere.d. by 31 USAC §1)-52. Each tier shall als tit-T. the
name ol any registrant 7.7, the Lobbying Disebwure Act of.1995 whi, has made tobbyhIg
swot-acts orq its bth1K with re.)n-Peticaal with ze:,ed tr-' that Federal o.^,ntract„ grant CT
:award a.wered by 31 tiSC
- p di- are forwarded from tier to tier alp to the
APPT.ENDIX A, 49 CFR 1art10.-CERTIFICATION REGARDING LOBBYING
CeTtgica'd-on. for Contract% GilatItS, U zald. Oef.aavt Agreements
rro - ;rsid , 1..cyanit viyfikr etciatA $100,CM)
Federally Required and other Model Contract 'Manses 6 •
The undc EContractorl certifies to the best of his'Or fieilaTtowletigeand bliLthit
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned. to any person for influe.ndng or attempting to irdluence an officer or employee of
an agency, a Member of Cmigress,. an officer or emvloyee of Congress or an employee of a
Member of Congress in connection with the awarding of any Federal contract th e. making of
any Federal grant the ritaldng of any Federal loan, the entering into of any cooperative
agreement and the extension, continuation., renewal, amendment tir rrtt..tdification of any
Federal :::-.ontract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriatkd funds have been paid or will be paid to any
person for inaldng lobbying contacts to an officer or employee of any agency, a Member of
Congress an officer OT e.rtiployee of Congress, or an employee of a Member of Con,gress in
connection with this Federal 17.ontract, giant, loan,. or cooperative rtgreerrient the undersigned
shall complete and submit Standard Form-ILL, 9Disclosaire Form to Report Lobbying
accordance with its instructions [as amended by 'Government wide Guidance for New
Restrictions on Lobbying," 61 Fed., Reg, 1413 (1/19/96), Note: Language in paragraph. (2) herein
has been modified in accordance with Section 10 of the LObbying Disclosine Act of 1 (.1
104-65, to b ct.,clified at 2 USC g 1601. ttf seq.))
(3) The undersigned shall require that the language of this certification b included in the aw-ard
documenM for all subawards at all tiers cmcluding su.bcontractsi stibgrants„ and contracts under
grants, loans, and ecloperative agreeinents) and that all subrecipients shall certify and disclose
a.ccordingly,
This certification is a material representation of fact UpUlt WhiCh reliance was placed whenthis
transaction was made or entered into. Submission of this cerfification is a prerequisite fr
making or entering into this transaction tillyto-d. by 3L USC § 1.352 (as amend.ed by the .
Lobbying Disclosure At of 1995), Any person who fails to file therequired certification shall be
subject to a civil penalty of notlen than $10.000 and not more than $100.„000 for each sixth.
failure,
[Note; Pursuant to 31 Lt9.72 § 1352(c)(1)-(2)(A)„ any person who makes a prohibited exxpendittire
or fails to file or amend a required certification or disclosure form shall be submit to a civil
penalty of not less than. I.1O.03 and not time than $1.KOkitt for each such expenditure or
failure"
The Contrartor„ _ , outifik o affirm.", the truthfulness and accuracy of eath
statement of its certification and disclosure, if any. In adiiitien, the Contractor und.erstands and
at that the provisions of 31 USC 4 A 3 801, tr sy.q.„. apply to this celtification and disclosure, if
:Signature Contractor's A. athorked °bid. al
Nam and Tide of Contractorts Authorized Official
7', ACCESS TO RECORDS AND REPORTS
• Federa fly Required and otlx-r Model Contract Clauses
49 UR., 2 § 53.25
18 CFR 16'36 (i)
49 CFR § 61117
Applicability to Contracts
Reference Chart "Requirements for Access to Records and Reports by Type of Contracts"
Flciw Down
FTA does not require the. inclusion of thes t. tiNtt.ixekIwnts in suixontracts,
Nifodel Clause/ l.guage
The-spepified language is- not mandated bys the statutes or regulations milemneed,, but the
language provided paraphrases the statutory or regulatory language.
Access to Records The, following access to leper& requirements apply to this Co..ntract
1, Where the Purchaser is not a State but a local goverrunent and i$ die FTA Recipient or a.
s of the FTA Recipient in accordance with 49 C. F R. 1.8.376(1),„ the Contractor .agrees
provide the r-u-rchrt,...'w, the FT' Adrainishntor, the Comptrcilier Genera of the. United States or
any of their :authorized representatives at. to any bock s dOcumerus., papers mid records of
the Contractor which are directly pertinent to this contract For the purposes of making audits,
examinations,. excerpts and Mut Contractor also agrees., pursuant to 49C. F. L 63:3.17
o provide the FTA Administator or his autherimd representatives including any PM°
Contractor licrms tO Contractor's records and tonstruction sit4 pertainizig to a major capital
project, defined at 4 LISC Y.:A Which is receiving frdepai financial a,..istence through the
progr.arnS despribt-d at 49 USC § no 5309 r
2. Where the Purchar iS a State aid is the FTA Recipient or a siabgrantet of the FrA Recipialt
accordance with L9 CFR § 63117, C:ontracter agiteS to provide the Purchaser, the FTA
.Administrator or his authorized representatives., including exly PMO Contractor .the
Contractor's retmels and cmiStruction sites pertaining to a mafor capital projec t. defined at 49
USC §5.302() 1, which is receiving federal/ financial anistpsice through the programs described
-at-49 IBC § 5307, 530? or san 8 efinitioa, nartior cap- n1 prtjeirt a len
than the simplified acquisition. threshold currmt, s-er at SNOW!.
3. Icifhe.re the Purchaser enter-s frtto a negotiated cont-act for other than a small pinthase ct
under the zim. pafied ar.c.raisition thteakold and is an afro:in:lion f Mg edfacatan, a hospital
or other non-prafit orroznimation and. is the ETA R,...g:ipi bne F the ETA Recipiept
in accordance with 49 CFR § i2oniractor at- prOvide ie Purchase_r, FTA
Adnaintitra tot the fomptmllel General iat tYrAt=. United State:s pr any c4 their duly akil
representatives ‘Nrith atc-es.-s to any books & p-allers and raiN)Td. 61", the C.,:orametor
which a directly peremera to this: oantm:..t tor the y...Nlarp-v 61" making rtAldits,
excerntsi ard traits1.
'1. Where any Pu.n.itas-er which is. the FTA Re, u,r a sahgrantee th,e FrA R&ipkvit.
acck-;:rdance with 0 1.:57St2 § 3-5250) enters illto a Kontract fer A 'oapilta1 prot=ect or impro,-..A.maealt
Cdetimarti ,a t49 usc .§:, .., than C'OrApetitic;re bidding, thet- Contrattt
avaikbie te%.- :related the c:xv. be the Prarcilastr.,. the Secretary of: Trans47
•
. .
Federally Required and other Model Contract Clauses 8
and The Cont Gefiera Iiir &y authorized officer or employee rg any of tIceli foi the ..
purposes of o an audit and inspection.
5. The Contractor agrees to permit any of the foregoing par6es to reproduce by ariy .mearts
whatsoever or to copy excerpts and transxriptions as reasonably needed,
C. The Con.tcactor a8rees to maintain. all bOaS, recon at.N.iyants and reports required under
this .o. 'for a period ill'. not is mail three years after the date of termination or expiration
of this contract exaTt in the event t.)f litigation o settlement of claims aristhg from the
perforirtance : this contract; hi which :case ci)1AM.I.CtOi agrees to rnaintain sanw. - until the
Purchaser, th e FTA Administrator, the Comptroller Gertera.L, or any of their duly authorized
rep. r-erttatives, ha' dispo.sed of art such litigation, appeals, Claims or exce.ptions related
thereto. Refererice 49 CFR. §18.39(1)(11),
7. FTA does not require the inclusion of the :requirements in subozbittracts.
Requirements frir Access to Re.cords ancl Reports by Types of Contr.act
Contract ., errevatio ;"T`iart4;ey Constrti. t.11 Nrchike I AcliiiitiStiltiio Ptreio
ig
Character is6 rial .mtratt on
:al .stottt Hilvof ial Services
cs , Service Emaiteert tkalk; :
. ' I State
1 3 .
Grantees . Norte : Those Non
. None I None None . e
imposed on
, .
a. Con.trac ; '. state pass
,
below SAT NOne ,; thru to Yes. if Norte None
• , - unless/ i Contractor TIOri- unless :. unless unless
• : non- , : tainpetitiv non- non- ' non-
b. Contracts comptit ' i e award or corapetitiv competitiv co:mpetitiv
! above ve award : if funded I e award ; e award ; e award
thri-0 ■ .
pital Projects • •,
• ! /5,311
. - -
ff No State ' i • ,
f'. Grantes Those • i ,
• 1 1 Yee : imposed on Yes Yti . Yee Yes
• a_ Cotntracts i non-state i . .
1 below SAT Ye0 Grantee i Yes , Yes Yes . Yes.
-pass thru to ,
. .
b. Contracts 1 .
11 .
I
1 __________,
Soutres of A.uthoriy.,
ti
•9 LTSC. § S25 (a)
•
Federally Required awl other Model Contract Clauses 9
2 49 FR 633i7
s 18 CFR § 18,36 (1)
8. FEDERAL CHANGES
49 CFR Part T1
Applicability k.
The Federal Ganges requirement applies to ell contracts..
Fkw 1:`..-ozAtrt.
The Federal Chang mquirement flr‘kws down appropriately to each applicable changed
requirement.
Nfodel Clause/ Language
No sped& lartriage is mandated, The itAlowing language has been developed by PTA,
Federal Changes Contractor shall at all times f..-omply with all applicable ETA radon
FA)licies, prixedum Tt:nd -directives, irkriudirts without limitation those listed directly or by
refeavrice ill the Agreemot (Form r TA MA (6) .dated °doter,. 1999) between Purchaser arid
FTA • as they may be ZIIINONied 01' 1:vmmulgatc93 front time to tirrte duthgth e term of this
contract Contractor's failure to s niply shall* constitute a material bre.ach of. this contract,
9 CLEAN AIR
42 1.1SC 81401 et seq.
40 CFR § '1561
49 CFR Part 118
Applicability t Contracts
The Cltyan An :requirements apply to art contracts e.xceeding riogrom including indelini.te
quandties where the rmount is expected to e)tceeN.:1 $100400 in any year,
Mow Down
The Clean Air requirements flo* down subcorttracts that excee‘. sloopece.
Model Claus-es/Language
No specific language is required. FIA has prop-d the following language_
Clean - The i"... agrees to comply with all applicable oil orders or
regulations issued pursuant to the Clean Air Act,. as amended, 42 )SC §7401. et seq. , 'The
Coritr.actor agrees to report each violation to. the Purchaser avid 1 arK/ nrets. that the
Ptr-rchaser: will, in Wm, report each violation as requit't.. tot e notifit FrA and the
apprepriatt EPA Re.4gtoalii Office.
(2) The Contractor also agre.-es tc: inciLtde the requirements in e4-1th subcontract exceeding
S134,000 fin.anced ir 1. r irk part wth Feder al. assistance piovided by IFTA.
comtRAcr WORK HOURS AND SAFETY ST ANDARDS ACT
4t § -327 -S33 49.95)
Federally Required mid. other Model Contract Clauses 10
29 CFR § 5 (1995)
29 CFR 1926 (1995)
•
Applicability to Contracts
Section. 102 of the Act, which deals with overtime requireinents.„ applies to
t-onstruction CcriAtracts in excess of $4000 and;
--. all tarnkey„ rolling stock and operational contracts (excluding contacts fer transportation
servit,- in excess cif $2.,)0..
The dollar threShold for this requirement is contained. in the. current regulatiort 29 �R § 5..151
Section 107 of the At that deals :kith OSHA requirements applies to construction contrac in
exces.s of $Z000 Tht requirements: of this sectiim do not apply to contracts or subcontracts
the purchase of supplies or rriateri.als or articles normally availabk on the cipen market.
Flow Down
A.pplies to third party contractors and subcontractors,
Model Clauses/Language
Pursuant to Section 1.02 (Overtimey
( These clauses are s:pecifically mandated under DOL regtxlation 29 CFR § 53 and when
preparing a cortstruction contract in ex of $2.000 the ckums shouid be. used in conturction
with the Davis-I'.4cori Act clauses as discussed previously. For nonconstraction contracts, this is
the only ssection required along with the payroll section)
(1) Overtime requirements NO contractor or subcontractor contract:1aq for any part of lie
contract work which may or involve the employment of labczers or reKhanics. Shall
require or permit any such laborer at Mriechank in any workweek. in which he. or site is
employed an swat work to work in excess of forty hovers insuch WOrk.Week unless stich laborer
or mechanic receives compensation at a rate not less than. one and. onehalf times the basic rate
of pay for all hogs worked rn css (if forty hours in start workweek
(7) Violation; liability f� nnpaid wages; liquidated damages -• In the event of any vitilain of
the clause set forth in paragraph ti) of this section the contractor and. arty subcontractor
responsible therefor thr& be liable Ear the unpaid wages, addition,. such contractor &lid
sutxxintrack shall. be liable to the limited. - zt - ke-s for liquidated damages.. Such liqiddated
damages shall be 1...litputvi with resiv.ct eoch . inchvidual laborer or mechanic, includir
watChmen and gitards., employed. in violation of the claus e. set forth fr - paragraph (1) of this
..-section„ in the sum cif $ 10 for each c:a..lenclar day on. which •sueh ..Mdividual. was required or
permitted to work - in excess of the standard workweek of forty hours witigiut - pprient of the
4.wertime wag. required by the clause set forth in paragraph ;4 of this sextiort.
() Withholding iltItT Unpaid wages and liquidated damages - The (write. in tie name of - the
grante.e o re.dpient ) sha1 upn s owri action or upon written request d an. authorized
representative of tire Department of Labor withhold or cause to be - withheld, from any rmneys
Federi11y Required and other Model COMMA CiallSeS 11
. payable or arrx. Amt of 'work performed by the conftactor or subcontractor under - any su.ch
contract or any other Federal t.-Lontract with th same prime contractor, or and ther federally-
as.sistecl.contract subject to the Contract Work Hours and Safety Standards Act which is held by
the same prime contractor, such sums .11S, may be determined to be neo=?,..ssary satisfy any
liabilities of such con or subc.ontractor for unpaid :wars and liquidated damages as
provided in the clause set forth in paragraph (2) of this section,
(44) Subcontracts - The t-ontractor or subt-ontractor shall it16 in any subt-ontracts the clauses set
forth. in this section and also a clause requiring the subcontractors to inclu.de - the.se di
any lower tier subcontracts, 'The prince aintractor shall be r, for cortxplane by any
sub:or:tractor
o lower - tier subcontractor with the Clauses set forth in this section,
( Section 102 nontonstruction oortn*acts should as he die 'following provisionz)
(5) Payrolls and basic. records (i) Payrolls and bas ic records relating thereto :shall be maintained
by the contractor during the course of the work and preserved for period of three
thereafter for all labomrs and medranitm wraith at the site of the work (or under the. United
States Housh Act of 1937„ or tinder the Housing Act of 1949, in the construction or
development of the prorect). Such records Shall contain the name address, and sf.s.ycial set.mrity
number, of. each such worker. his or her correct clasSifitatiort;Itouriy.rates o Wa,ge paid.
(inchiding rates. o contributions orcostsanticipated for bona fide fringe.benefit*Or. cash
equiyalentsthereof of the types cletxri*Iirt!sectiartl.(b)(2)(B).otthe DOis7 daily
and - vkeekty rittrthet of hours worked, deductions made and actual 'ass pid Whenever the
Secretary of Labor has found inder '1. CFR 5,5(a)(1)(iv) that the wagesofany Whom, or
mechanic include the :amount of any costs reasonablanticipated in providir* benefits under a
plan or prograin destribed m settion 1(b)(2)(8) of the Davis Act., the amtactcir shall
maintain records whitirshoW that the conimitrnent to proFide such benefits 4 enforceable. that
the plan or prograin4 ndaily responsible, andAhat the ?1 or.progr.aM has been
cornmunictibed,in writing to the laborers or rftedtanicaffetted. and show the •
COLS aribleta' tedor theactualcoSt incurred in providing such benefits. , Contrat -- tors emplOying
apprentices orlrainees under approljed shall tarn written e of the
r4strati6n6if ap progi*t:ATO c&n ot tram r...rogr=s, :lie registration of
the rpprentices and trainees, And the ratios and IN-age rates piiescribe..d m the applicable
programs.
Sfecticm 107 (OEITA.):-., •
•
This section is zipplicable to am contracts only)
Cordract Work Hours nd Safety Standards .Act (I The Co actor agrees 15,-, comply with
section 107 o the Con.ttact t Work Hi)urs and Safetv Standards Act, 41',1 USC § section • and
a.ppLicabe DOI. regulations, Safety and Health .Regulatit.l.ns for Constructon 'n 2 CFR Part
1926. : other thirkgs, the C.z.ntrac.tor agr.4?es that it will not :require any laborer or me
to wr. rn unsanitary, ha:2A or dangemas sunoundinp or wotking. c
(ii)Subcontracts - The Contrattc. also agress ti include the requfrernents of this sezeon eath
vabconitract. T term 'sr:b. under this section is considered to refer to a pemn Who
•
Federally Requiml and other Model Contract Claus-es 12
. .
agrees to perform any part of the labor or ma.terial. requirements, of tr.W1 for ccinstru.ction,
alteration or repair. A pers who undertakes t perform a portion of a contract involving the
furnishing, of supplies or materials will be coi a 'sulxyyntractor" under this section if the
work in vestion involves the performance of Comb" action work and is to be performed: CO
directly on or near the construction site, or (2) by the employer for the specific proiect on a
custoriUmect basis.. Thus, a. supplier of materials which will become an integral part of the •
constoction is a 'subcontractor' if the supplier fabricates or aern.bles - the gods or materials in.
questim slwifically for the construction pt and the work involved Ina) be said to be
construction activity:If the goods or materials fr question are ordinarily sold to other customers
revilar inventory, th e supplier is not a "subcontractor," Th qint of this section
do not apply to contracts or suboontracts for the pit:Mhz:se of supplies or materials or articles •
normally awArilable on the open market
11, NO GOVERNMENT OBUGATION TO THIRD P.ARTIRS
Applicability to Contracts
Applicable to all contracts,
Flow Down
Not required by statute or regulation for either primary contractors or subrontractors, this
concept should flow dowrt to all levels to clarify, to all parties. to . the corttract, that the Federal
Government dos tot have contractual liability to third par.ties, absent specific written consent
Model Clause/ Language- .
While no specific language is required,. FrA has developed the following language, .
No Obligation by th e Federal Goverment
(1) The Purchaser and Contractor acknowledge and agree that notwithstanding .any
concurrence by the Federal Government in. or appro of the - solicitation or award of the
underlying contract the express written consent by the Federal Government the Federal
Government isnot a party to this contract and. shall not be subject M. any obligations or
liabifitle6 to th e Purchaser, 'Contractor, or any other party (whether or not:a party to that
contact) pertaining to any matter resulting the widerlying contract
(2) Th.e Contractor agrees to Mclude the aly.)ve clause in ea subcontract financed. in whole or
•in pre with Fettea1 . assistanc e. provided by FM.. It is further agreed. that the dense Shall. 3101.
modlificA, ex.L'apt: iJO identify the staxontractor vtrho win b sullect to its provisions
12. PROGRAM FRAUD AND FALSE OR.FRALIDULUIT STATEMENTS AND RELATED
ACM
3871 et .sceq, •
49 CFR Part 31 1.8 fi
UGC
• Applicabl.hty to., Contracts
rrie.se requirements are applicable at: Kx.n
•
Down
Federally Required arid. other Model Unttract Clauses. 13
•
These qu nrt flow down to contralors and. subcontractors who make, .ptesent, or submit
coved claims and stttemen.
Model Clause/Language
These requirements have no specified language., so ETA proffecs the following language.
Program .Fraud and False or Fraudulent . ,Stertants or Related Ads.
(1) 'The Contactor acknowledges that the pcovisinliS Ur the Program fralld Remedies Act
of19.86, as amended, 31 UK; § 3801 et se.q„ and. US, DOT regulations,. 'Program Rand Civil
IZemedies,' .49 CPR Part 31., apply to .7E- a.c*dons pertahling to this Project, Upon bn of the
underlying contract,- the Contactor certifies W.. laffirms the tuthfifiriess and. .accuracy of any
statement it has made„ it makes, it may make, or causes to he made, perthinhlg to the
underlying contract or the :ETA awisted pitied- for - which 'this contract work is bang performed.
la addition to other penalties that may be applicable, the Contractor further adtnowledges that
if it makes, or causes to be made,: a faise, Ik tious, or- frandtilent claim, .statement, submission,
or certification, the .Federal:Governmentrms the Tight to irnpme the penalties of.the
Program Fraud Civil Remedies Act of 198.6 or the Contractor to the ex-tent the Federal .
Government deems appropriate. • .
(2) The Contractxy also acknow,ledges• that if it makes, or causes to. be made, a false, fictitious, or
fraudulent daUrt, statethent,submission„ or certification ba the Federal Government under a .
contact connected with a project that is financed in whole or in kart with federal assistance
originally awarde-4 by FFA under theatathotity of 49 USC• •WV, the Government reserves the
right to impose theperialties of .18 LISC '6 1001 and t9 tkr-C §5367(n)(1) on the Contractor, to the
tt the federal Government deems appropriates •
•
(3) The. Contractor agrees to include the 4bOVe two clauses in each subcontract finanatcl
whole o n part with Fedi....ral ik&Ctlingitee provided by FTA, his further a.„greed that . the clauses
shall not be modified:, except to identify the subcontraCtor who will be subject to the provision&
. .
13. TERMINATION • •
•9 USC Pact 1.8
FrA Cirt' .7talar 422011)
Applicability to Oantracts•
Ail csYntrai-: (with the ext eV:if:lova conkacts ncinprefit arg m1 kl-tituitims
higher education„) extess of .$1'M shall contain. suitable p.rocns tor terainiation by • the
granN. inducting- the marnier by which it. will be effected .nd the b&s ft setfletrtmt. (For
• .con_tracts with nonprofit ol-ga.nizations ;ma institria-s o hivgives (.-3x:kati(m the thr6shold is
$1.03,00a) n ad:clition, such contracts %shall dcibe c under ithh the corttract may be
itenranated fot default .a.s well as conditions where the <on-tract:may be tertninated:beC3116.e 'Of
circurastancz?.s b'e.yon1 the conthA of the contactor,
Mow Oc
The termination T. equirements flew -down. to all ze,t5..ts n eTxr•css of $10A.V„ with the exr:pfioil
of contracts with nonprofit organizations and institutions of higher 16arning,
Federally Rqi)ired and other Model Contract Clauses 4
fodI . . . . .
Clausell.anguage
.FTA does not prescribe the form or content of such clauses, The Mowing a suggesdons of
clauses to be used in different types of contracts:
a. Ter.minabort for Coriveriience (General Protision) The City of Port Arthur may terminate this
t in Whole tr art , :at any - time h written nrkce to the Contractor - vrlit•rin it is in the.
Governments be interest The CA. , :3:ritractor shall be paid its costs, Lnch.3.ding contract clos.eout
osts, anti. pfit on - work performed up to the time of tettnination„ The Contractor shall
;.rortir, submit its termination cLim to City of Port Arth.a•r to be paid the 0. if the
Contactor has any property in its pos..s-ession belonging to the City of Port Arthur, the
Contractor . will account for the sa.me, and dispose of it in the manner the City of Port Arthur
directs,
b. Tennination for Default [Brea.Ch or Cause] fGene.ral Provision) If the Contractor does not
deliver supplies in accordance with the contract delivery schedule. or, if the contract is for
services, the Contractor fails to perform in the manner called for in the 0311tract, or if the
Cortheactor fails to comply with any c.,ther provisions of the contract,. the City of Port Arthur
may terminate. this. contract for defatilt, Tertniriation. Shall be effected by serring a notice of
termination on the contractor setting forth. the manner m which the Contractor is in default, me
contractor will only be paid the contract price for supplies delivered axtd . accepted., or services
performed in accordance with the manner of pexformance set forth in the mritract.
If it is inter determined by the Qty of Port Arthur that Contractor lirtd. an excusable reason
for not performing, such as a strike, .fire.„ or flood, events 1.vhich are not. the faitlt of or are
beyond the control of the Contractor, the City of Port Arthur, after •setting up a new delivery of
performanceschedule, may allow the. Contractor to continue work, or treat the. tern...int:hi:MI OS a
termination for mtvertience, •
Opporttmity to Cure (General Provion) The City of Port Arthur in it scilc= discretion may, in.
the oise of a termination for breach or default,. allow the Contractor [an appropriately thort
period of tiniel in whith to cure the defect. In such case, the noticv of ierraMabon wiU state the
time
paid in which cure is itted. and other applopriate o.-aiditiorts
If Contractor fails to remedy to City of Port Arths saasfaction the breacdi or default or any of
the terms,. coven.z-in nir CCaldititVIS cf thiS Contract within [ten (1.0) days] after .;..pt by
Contract2T or written ni:#fi from City of Port Arthur setting forth the nature of .'said b,...,reach or
default, Clts of Port .Arthur 'Arai t-ave the right to terminate the Contract without any further
6b1gation te Contractcrz. Any such termination for definilt Shari not irk any way operate to
preclude City of Port Arthur from also pursuing all available .rem.edies again Contractor and
rtis for said brew.It or default
a. 'Waiver , c2.4 edies for Ansi Bre.ach In the event that City of Port Arthur eter_ts to waive its
remedies for any breach by Contractor of any covenant. 'terra or condition of this Cont ract, such
wi.ver OAT oq Port Arthur sh,a11 - not ni City of Port Arthur"'s rezrkedies - for any s-acceeding
breach of that or off any other terret, t:::otrenant, or condition of thts Coritract
•
•
Federally Required and other Model Contract Clauses 15
e. Termination for Convenience (Professional or Trap>5it Service Contracts) The City of Port
. Arthur, by- written notice, may terminate this :.•ontract, in who or in part, whert it is in the
Government's interest. If this contract is terminated, the Recipimt shall be liable only for
payment under the payment provions of this contract for services rendered before the •
effective date of termiaadon.
L Termination for Default (Supplie.s and Service) If the Contractor fails to deliver supplies or to
perform the services within d time specified in this contract or any extension or if the
Contractor fails to comply with any other provisions of this ctintract, the City of Port Arthaa
may terinirtekte this contort for default, Th Qty of Port Arthur Shall teLminate by delivering to-
- the Contractor a Notice of Terminaben s.pecifyM2• the nat a.re. of the default. The Contractor will
only be paid the. contract price or supplies delivered and a.cce.pted, or services performed M
accordance vvith the manner or performanc:e set .forth in. this contract.
lf. after terrnination for failure to fulfill contract obligations, it is determined that the Contractor
was not in default, the rights and obligations of the parties shall be the same as if the
teen had been issued for the converdence of the Re.cipient
g. Termirtatio_ri for Dthult (Transportation „Servit,. if the Contractor fails to pick up the
commodides of to perform the services, including delivery services, within the time spe&ied in
this contract or &my extension or if the Corttraotor fails to comply' with any other pro-iSion.s of
this contract the City of Port Arthur may ter . minate this contract for default °Me. City o Port
Arthur shall terminate by delivering to the Contractor a Notice of Terminatiort specifying the
nature of default The Contrat*IT Will 014 be paid the contract price for services periotmed
accordance with the manner of perfonrotnce set forth in this corthact.
Il this contract is terminated. while the Crant actor has F of Recipient goods, the
Contractor shall, Iltiprt. direction of the Qty of Port Arthur, prOtect and preserve the goods until
surrendered to the RtKipient or its agent The Contractor and City of Port Arthur shall agree ark
payment for the pres0.1Nad041 and protection a goods. Failure to g (.3‘n an. amount will he
resolved under the Dispute clause, •
lf, eSter tertrtfration for fabrrse to &IBM contract oblig it is determined that the Contractor
was not in default the rights and obligations of the parties shall be the sa. if the
termination had been issued for the r....oriveriience of the City of Port Arthur
h. Termination for Default (Constniction) If the Contractor refuses or fails to - pros...-_-oute the •wor
or arty separable part, with the diligence that Wilt :insure its completion within the time specified.
in this contract or at:ty extension or fails to tmirtplete the work within this time„ or if the
Contractor .fails to: comply with all'y other pons o this contiact, the City , of Port Arthur
r ;terminate this c.ontract for. default The 'City of Part: Arthur shall tellT,14 by delivering to
the Contractor a Notice of Termination specifying the nature of the default. In this event, the
Recipient may take over the work and omripete it by coritract or otherwise, and may take
pOSSE'Skat. of and use any mate:dais, appliances, and plant on the work site necessary for
completing the vsn The Contractor and its stireties shall be liable for arty damage to the
Recipient resultiNf from the Contractor's refusal, or failure to corn. pkte the work within
FeAmIly Retraired and other Model C,Ontract ,Clauses • 16
•
specified time, whethe_t i 110t the Contractor's right to proceed with the work. Is terminated.
this liribility includes any increased costs jr-t:. by the Recipient in completing the work.
She Coritractor's right to proceed shall not be terminated nor the Contractor charged with.
damages under this clause if
delay in completing the work arises from unforeseeable causE. beyond the control arrd
without the fault or I t of the Contra-tor, Examples elf. such causes include: acts of God,
acts of the Recipient, acts_ of another Contractor in the performance of a contract with the
Recipient e.pidemirci, quarantine restiictions„ Strikes,, height embargoes; and
2, the contractor, within [101 days from the beginning of any delay, Melies the. City of :Port
Arthur in writing of the anises of delay, If i the judylnerit of. .the City of :Port Arthur, the d.e.lay
is excusable, the time :for completing the. work shall be extended. The 14.4-m ent of th e Qty of
Port Arthur shall be filial and conclusive on the partie.s, but subject to appeal under the
Disputes clauses,
If, after termination of- the Contractor's right to proceed, it is determined that the Contractor was
not in d.efe.ult, or that the delay was excusable, the rights and Obligations of the parties will be
the same as if the terniination had been issued. for the convenience of the Recipient
i. Termination for Convenience or D. efault (Architect and Engineering) The City of Port Arthur
may terminate this contract rn WhOte c rn pit fo r the Recipient's convenience or because of the
failure of the Contractor to fulfill thecontratt obligationS, 'Me' City of Port Arthur shall •
terminate by delivering to the Contractor a Notice of Termination specifying the nabire, extent
and effective date of the termination: Upon. receipt of the notice, the Contractor Shall (1)
immediately diSoorttinueall services affected (iiiiietS the notice diretts otherivise),.and (2)
deliver the Ceintracang Officer gl data. drawings, speCificadons„ reports, .estirslates.,
summaries, and Other inforniation and materials ..mulated in perforrning this contract
whether coMpleted or in procest.
If the termination is for the convenienc.e of the Recipient the Cent-acting Officer shall make an
ittbI adjustnent in the contract. pri ce. but shall allow no anticipated p on impeder
If die terminaben is for failure of the Con:tier:tea' to fulfill the contre-ct obligations, the. Redpient
may complete the work by contactor otheri. and - the Contractor shall be liable for a.ny .
additional cos t incurred. by the R*Kipient
.11, paer termination ler failure to fulfill contract obligations, it is determined that the Contractor
was not in default, tie right e.rid °Mir...dons of the parties 'shall be the ,..name as if th e
termina-tion had beer issued for the ccleivertience of the Recipient
Terming Convenience of Defatitt (Cost-Type Carib...acts) The City sof Port Arthur may
terminate this contract or any:portion of it by weving a notice or termination on the
Contr. T, noh Stitt whether the termination is for convenience of die Qty Of Port
Arthitir FOT Lis& default of the Contiactor, If the termination is for default the notice Shall mete
Federally Reluired &fad other Model Contract Claw 17
the manner in which the contactor ha s failed to perform the requirements of the contract_ The
COntractOr shall account for any propc. in its px.essession paid for from funds received horn
the City of Port Arthur, or property supplied to the Contractor by the City of Port Arthur If the
termination is .for d.efault, the City of Port Arthur may .fix the fee, if the contact provides for a
fee. to be paid the corthWtOT in proportion to the value, if any, of work performed up to the
time of termination. The Contractor shall promptly submit its termination claim. to die City of
Port Arthur 4.ind the parties shall negotiate the tertrthiation setde.ment to be paid. the Contractor.
if the termine.tion is to the convenie.nce of the City of Port Arthitr, the Contractor shall be paid
its contract c:lceottt ,StS, d a fee..., if the contrarct provided for parent cif a fee, in pro.N
to the work performed up to the time o f terrnination.„
lf, after serving a notice o terniinad.on for default the City of Port Arthur deternaines that the
Contractor has en excusable reason for not performing, such as strike., fire, flood, event:Which
are not the fault of and are beyond the control of the c-ontractor, the City of Port Arthur, after
setting lap a new work schedule, ra a Ib e C.-Mtn to continue work, or treat the
terrntlation as a termination for convenience,
14. GOV.ERI4MENTVIDE DEB ARINIElq'T AND SUSPENSION (NON-PROCUREMENT)
49 CFR r-ait
ExecUtive brder.l.M49
Applicability ,to Contracts
Executive bider 12549, as rinpIen by 49, C Part 9 prohibits FT redpienhs ,artd svb-
recipients from.condacting for goods and services from orgardzations that have heel
susp,erftdor from receiving Federally assisted contmicts, As part of their applications
each y* red-fie/it:S:1re retruimi o va.binit acerificetion to the effecuthat they will not enter
into contpt wit' uspended or debarred. vOntractoas and ti they will require
their coi:itracton (and their subccintra,:tors) reake the same certification to them
Flow- Down
_
Contra.: are required to . pass ,this requirement Ork Slitief',AlitaCtOTS seeking saboontach;
over $10000), Thtii.„ the terms 'lower tier coyered-participarte and 'lower ,tiet coy-eyed
transuction, include both concradorS and .subcontractzas and amtracts arid sukyr:orytacts over
$100,000.
Mo. ClattsiLriguge
(.1.r.,stmodons) The t:-.ex1:ification and instrucd'onlarli is oontahled at 29 CF .Part 29,
A.ppendix t and must he ir4cluded lin's and RR's fft-gr in by contractors in their bids
Z proposals] for all contracts over $1t1n, regarcis of the type of contra.ct to b awarded
Certification Regal-d.z Debonnent Sus anti Other Res.ponsibility Matters
Lower Tier Covered Transacti (Third. Party Contracts , $1.00Mitri).
instrucbons for Certification
Federally R.equired and other lvlodel. Contract Clauses 1.8
1, By signing and SUbrnitting this bid or proni„ the prospective 'lower tier participant is
Rrovicling the signe.d certifita•tion se out below .
2, The cetifiction in this clausee is material representation of fact upon which. reliance WRS
placed when this transacton was entered into. if it is later determined that the prospective
lower tie participant knot read-end an. erroneous t•ertification, in addition to other
remedies available to the Federal Goverment, City of .Port Arthur :may pursu e. availaNt
rent•:•,1,dies, including suspension. andloi
3. The praspvrctive lower tier participant Shall provide irrnu written notice to City Port
Arthur if at ;any time the prospeceNe lower tier participant learns that its ee.rtification was
enon when su.bmitwi or has ba'..\ erroneous by reason of .changed cirturnstances.
4. The tenns 'covered transaction," 'dl 'ended,' 'lower tier covered
transaction," :ttiarticipant7 wpersom"lowet tier covered - transaction,"principat"propsal r '
and "voluntarily ex-dui:lett' as used in this clause have the meanings s.et out in the Definitions
and Cove•rage sections of rules. in*ementing E .tithe. Order 12549 j49 CFR 'Part 291, You nrev
contact Oty of Port krthur fv.zr a.siste...noe in obtaining a copy of tho regulations.
5. The prospective lower tier participant agre. by so.bulitfing this proposal that, shmild the
. propoSed cov—ered transaction be entered into, it shall not knowingly ertter irttta any lower tier .
covered transaction with a person who is debarred, suspended ,. declared ineligible, or
voluntarily excluded. from participation in this covered transaction, tinle authori2ed in
writing by City of Port .Arthur • -
6, The p.rospective lower tier participant further agrees by subrnittiniT this propciSal that it Will
include the clause titled "Certification Reprding Debarment Suspension, Ineligibility and
Voluntary Exclusion - Lower Tier Covered Tic, withoutmodification„ in ail lower tier
covered tions and all. 'solicitations kw lower tier covered - transactions,
7. A. perddpant in a coved tans:action may rely Igpell a. certification of a prosp.tive
! in: a lower der cove.red transaction that it s not de suspendect ineligible, or
voluntarily excluded from the - covered transaction, vatims; t knotvs that the cetcatican is
erroneous. A participant may decide the method and frequency by which it d.etem the
eligibility of its piaci Each parti.ciparttruayJnit is not required. to, check the
•
Nonprocurement List i=ed.ke US, General Sercice. Administration,
Nothing ctmtained in the foregoing shall be construed to requite estahUshment. of system of
vecords. in ozier to rennet in good faith the certilication requir' 7ecl by this dause„ The knowledge
and information of a parbeipent is not required to exceed. that which is normaliy p edbf e
prudent person in the ordinary course .of business dealings.
9. Except for transactions authorized Arnder Parkeraph 5 of these instairtions, •if ;a pa ir
a covered transaction knowingly enters littd,i ;a lower tier covered transaction with a - person who
is suspended, de.barr&...E., ineligible.; or voluntarily excluded itorn participation in this
transaction, in ad.ditiorn to all reir.azdias available to the Federal Government, City Port Arthur
rnay pins available reme:iies including saspert... ndot debarment
Federally Required ad other Model Contract 'Clauses 19
'Certification Regarding Debarment Suspension, Ineligibility and Voluntary Exclusion - Low
T Covered Transaction'
(1) The prosp&:the lower tier participant certifies, by submission of this bid or proposal, that
neither it :nor its "principaW fas defined at 49 CPR § 29.105(p)] is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal departinent ir agency.
(2.) When the prt.'specitive loixer tieT participant .is unable to certify to the statements in this
certification,
such proweitiye participant Shall. atch zAn ei,p/anafi.cin to this propctsal.
15, PRIVACY ACT
5 USX:: § 552.
Applicability to Corttnac
'Villein a grantee 'maintains fileS o drug arid alcohol enformnent ti vides far FrA, and the
files 'are organized so that information mad be retrieved by personal id.entifier, the Privacy Act
reythements apply to all cultracts,
Flow Down •
The :&deral:Privacy Act re:Tait-erne-a flow down to each third party 'contractor and their
contratts ate:Very tier,
Model ClairsefLartguage
The teNt of the following clause has not been mandated by statute or specific regulation., bet has
bean developed by FTA.
•
Conliaas InvOlving Federal Privacy Act Requirements - The folio requirements apply to .
the Cci rind its employees thr...t admbaister any sy:tena of records c behalf of the Federal
Government ander any tantract: .
(1) The Corrtractor agrees to comply ivitfh,„ and ass.ures the oarrip'fiance °fits e.mployees fo' Le
information 'restrictions and' other apxihc.abie rezpairemeift of the Privacy Act: of i74,
5 'CSC § 552a. Among other things, the fa g esto obtain the expre:ss co.nsent of the
Federal Government before the Lon: tor oz opwiloyees operate a. sys'teco of records- rxt-
belaiff of the. Pederal The Contactor undenta.r.-ds that the - requirements of the
Privacy .Act, including the 'civil and penalaie for violatikm of ilia:A:Act, apply to tho.se
individuals :and that failure to •_omply with the terms o5 the Privacy Act Tray 'resiritill
terrrdne of the uraderlying contract.
(2) The Contractor atm agrees to inchkcie thee requirements in enen subcontract to administer
.any system •f records on be:half of the Fer.derai Government finaiwed :in wio1e en in part 'Milk
Fed:tral assistancri provided by "F?r:A.,
.16. CIVIL RIGHTS REQUIREMEMS
. .
Federally Required and other Model Contract Clauses 20
. _
. . .
29 1.3.SC 62.3, 42 tira: 2030
42 LISC §: 6102.42 USC -§ 12112
42 USC § 12132.49 'OK § 5332
29 CFR. Part 1630.41 CFR Parts 60 et seq.,
•
Applicability to Contrac
The Civil Rigli'm Rqufrrnent ppl7 to all contracts,
Fic.w Down.
The Civil lb:ghts n...tquirernents2 flow down to all third party contractors and their cont.:oil:acts at
every tier,
Model ClauselLanguage
The. following clause was predicated on tare COrktaiMa at. 49 CFR Part 19, Appendix A, but
PTA has Shorten the lengthy
Civil Rights The following tequirements - apply to the underlying contract
(1) Noildisctimination Irk accordance with Title W of the CMI.R.ights .Act„ as amended, 42 USC
20Crict section 3(3 of the .Age Discrimination Act of 1975,, as amended, 42 USC §6102., section
202 of the Americans with. Disabilities Act of 1990, 42 IISC § 12132 and. Federal transit law at 49
USC the Contractor agates that it will not discriminate a.gainst any employee or
applicant for employment bet of ram color„ cteed„ national origin, sex,. age, or disability. In
addition„ the Contractor agrees to nply with applica.ble Federal implementing regulation
and other implementing requirements FTA. may issue.
(2) Equal Employment On-ppm:hanky - The following equal employment opporhmity
requirern.ents apply to the underlying cx....niteact
. .
(a) Race, Color National Origin, Sex h. 4cconlatioe with Title Vfl of the GY1.1 Rights
Act, as amended 4211C § atale, and Federal transit . 1.e.w..-s at 49 LTSC. § 5332, the Cent r
apiEcts.: to comply with a applkable equal employment opportunity requirements o US.,
Department a La.bor (US. DOL) regulations, *Office. of Federal Contract Compliance Program,
Equal Rimplo Opp or tunity, Department of Labor„:" 41 CFR Parts 60 at seq. (which
implement Executive Order N. .I.1246, *Equal En4rloyinent Opportunity,' as amended. by
Execudve Order No. 11375,, 'Amending Executive Order 11246 Relating to Equal Employment
Opportunity," 42 - CNC § rkee reite)„ arm with an 47 Ped.tA41 s:thtutes.„ executive ord.,
•
regulatitms, and Federal p that may in the future ,affezt constructOrt activities zaderW
in th e t_murA7 of "the Project:.. The Contractor agrees to take affirmative actien to ensure that ,
applimids are employed, and that employees are treated durkkg employment, without regard to
their race, color,. creed national origin; sex, I.TI" age„%clk action skein iriaude, but rglt be limited
to, the following:: employint,mt, upgrading, dernotion or transfer., recluitnent or recruitment
adverfising, layoff or termination; TAtes of pay or o&a forms Of compensaficin; and selection ku
training, induding appreriticesi#, addition., the Carib:actor a.grets Ax.k.rtTly with any
invievientirig requirements FL'A. may issue..
Federally Required and other Model Contract C1as
(b) Age - In accordance with section 4 of the Age Dis.crimination ic .Employm. ent Act of 1967, as.
amencled.,19 USC § 623 and Federal transit law e 49 USC the COrttelleter agrees h
refrain from distriirdnation agat-tst prevent and prospective employees for reason of ;age. In
addition, the Contactor agrees to comply with any implerrenting retprirements .FTA may issue,
(tMsabffiis - In accordance with sec. of the Americans with iabffiis Act, as
atnended, 42 USC §12112, the Contractor agrees that iwill ccar,,,ply with the requirements of
US. Equal Employment Opportunity Corriraiion, 'IZegula dons to implement the Equal
.Employment PreViSiOXIS OF the tknlericans with D abiiti ct," 29 �R Part l'63Ct, pertaining to
employment of persons with disabilitizs..ln addititirt„ the Contractor &glees to comply with any
kplernenting requirements FIA may
(3) The Contractor 1s to include. the requirements in each ..rulxontractlinanceA n
whOte or in part with .Federal assistance provided. by FrA, modifieli only if necasviry to idendfy
the. affected parties. .
17, BREACH M AND DISPUTE RESOLUTION
49 CFR Part 18
ETA Ch.' cular 4220,1D
Applicability to Contracts
All contracts in excess of S1C4100 shall contain provisions or tonditions which will allow for
administrative, contracstual, or legal edip m ilf1StertOS where contractors violate or breach
contract terms, and provide for such sanctions and penalties as - may be appropriate. This may
include provisims for bonding, petialides :for late or inadequate performance., retained earnings„
tiquidateddarnages or other appropriate measures,
Flow Down •
The Breaches and Dispute R eseautions 'requirements flow down to all hem
Model Claresilanguage
PTA does not - eScribe the form ot c:ontent of th provisions, Wh41 po.3 me developed
will lepn on the circtarnsizz es... and the type c&c.cArttr.ut. Re :it anyuld cl,- legal
counsel in developing appropria te datiseli. The following thuEs are examples of provisions
from. variORS FT.:A thfrd p,arty cc-mt.-facts,
Disputes - Di. arising in the :pr ce of ibiS Ci.mtract whith iesaved
a.greeraent of the 1.YertieS 'A'13Ed3 be decided in writing IT die :yid re,pleDtative of City of
Port Arthur's fettle of employee], This de.cision he ii.r411 and conclusive unless witht6. iten
(10) days from thedate of receipt c its copy, the cc,11tratt.Z.-1- nais ci othe_rw'ise furnishes a
14.Yritten appeal 'to the 'tide 4A employee" c with any sqcs:h appeal the aim
shall afforded an oppr.N.rtunity 'P.?? lye. heard and to offer evidence in support of its position. 'The
cision of the [title of employee" shall b binAing, af.A)n the t.":ontractor and the Contractor .shgI
wide be the decision— •
Perforrnance During Diptfte.--- Untesss •othe•i:wise directed by c't f Port Arthur, Contractor
shall - performance Yartkier 'this Cont act while rr lin dispute are being resolved..
•
•
Federally Requirexi and other Model Contract Clauses
_ .
ClaiMS ler Damages - Should either party to the Contract suffer injury or damage to pe_rson or
property because of any act or omission of the party Or of any of his employe.es„ agents or others
for whose acts he is legally liable, a clainx for damages therelor shall be ntade in writing to such
other party within a reasonable time aftex the first observance of sircdi iniury of damag
Remedies - Unless ttds contract provides otherwise, all claims, counterclaims, disputes and
other :matters in question between the city d Port Arthur and the Contracto.r arising out of el'
relating to this agreement er ts breads. will be di:-ded by arbitration if the pard.es mutually
agree, or M a court of competent jurisdiction within the State in which the City of Port Arthur is
located.
Rights a. rid Remedies - The duties and obligadons - imposed by the Contract Documents and the
rights and remedies available thereunder shall be in. addition to and not a. limitation of arty
duties, obligations, righ and remedies otherwise. imposed or availabi e. by law No action or
failure to act by the City of Port Art hut (Anititect) or Contractor shall constitute a Ovate of
any right or duty afforded anly of them under the Contract, nor shall any such action or .failure
to act constitute an approval a or acquiescence in. any breach therettuder„ except as may be
specifically agreed in writing
TRANS[Z EMPLOYEE PROMO :WE AGREEMENTS
49 Mr. §5316, § MYL. artd S 533
29 �R Part 215
Applicability•to Contacts
The Transit Employee Protectiv Provisions apply to each contract for transit operations
perionned by employees of a Contactor recognized by FTA to lw a transit operator. (Because
transit operations involve Many &Inv/ties apart from directly driving or operating transit
vehicles,. 1TA determines which acnvitie.s constitute transit 'operations' for purposes of this
clauses)
Plow Down
The provisions are z.pplicaLle to a. contracts and subcontracts at every tier.
Model Oausef Language
Since no mandatory langinge is specified„ FLA. had developed the fonot.; language.. Transit.
Einpkwee . .Pmtecfive Provisions., (1) The Contactor agrees 'to the comply with applicable trant
employee protective reqUilenext s as follows:
(a) General Transit Employee Protectiw.: Requirements - To the extent that FfA dettyrthles that
transit operenons are MVOIVegb, the Contractor agrees to carry out the transit operations vvork
on the underlyfrig contract j pliance with terirs and conditions determined by the US.
Secretary of Labor to be fair arid equitable to protect the interests of employrew employed In
'this ccribract and to net the ernployee protective 'requirements of 49 1.153C § A 533(b.), and US.
1201, guklelines ;at 2 CF R 17°'art. 2115., .artdany amendments thereto. These terms and c•ondinons.
identified in the letter a certification from the U.S. DAL to FTA applicable to the :FTA.
Recipient's prOject from which :Federa l. assistance is provided to support wort on the
Fmlerally Required and other Model Contract balms 23
u.nderlyin g contact The. Gantractor agre.es carry out that work in rrk phance with the
nditions stated in that U.S. DOL letter. The requirements of this subsection (1), however, do
not apply to any contract financed with Federal assistance provided by FTA either for projects
for elderly individuals and individuals with disabilities authorized by 49 1..r.st..'" § 5310(a)(2), or
for projects for nonurbanized areas authorized by 49 . USC § 5311 41terrtate provisions tor those
projects ere set fczth in subsections (b) and (c) of tlds. clause.
(b) Transit Employee Protective Requirements for Projects Aufnerilled by 49 ir-C 5310(a)-(2)
for Elderly Individuals .and Individuals with Disabilities - lf the contract involves transit
pathms financed in whole or in part with Federal assistance authorimed by 49 USC
53.10(a)(2). arid if the. US.. Secretary of Transportation has determined or determines in the
future that the onpioyee • protective ret.iuirer-nents of 49 US"; § 5333(b) are memory or
appropriate for the state and the public:: t*dy subrecipientior which work is performed on the
underlying contract the Contra-or agrees to carry out the Project in compliance with the terms
raid conditions determined by th e U.S. SKretary of UNA- to :meet the requirements of 49 USC
533(b),. U.S. DOL guldelines a 29 CFR Part 215, and anyamendmen thezeto, 'These terms athi
conditions are identified in the U.S, DOL 's letter of certification to PTA, the date of 'which is set
forth Grant Agee nt or Cooperative Agree. merit With the state, The Contractor agrees to
perforth transit operations- in coraiectio.nwith the underlying contract in Compliance with the
conditiOns stated in th at US. TEL letter.
Transit Employee Protective Requirements' for Projects ,AtithoriZed by 49 TJSC S 5311
Nowarbanized Areas - :if the contract involves transit operations financed in whole or in part
with Federal - assistance . authorized by 49 WC S-53 the Contractor agrees to comply with the
taTIIS and Conditions of the Special Warranty kr the Norearbanized Area 'Program agreed to by
the ids, Secretaries of Transportation and Labor, dated May 31, 1979 and the proceditre_ s..
implemented. b US, DOL or any revision. thereto.
(2) The Contra to . ..also agrees to includde the any applicable requirements in each subcontract
involving transit operafions financed in whole or in part with Federal assistance provided by
FTA.
. . .
19. DISADVANTAGED BUS3INIESS ENTERP-RISE (DE)
49 CFR Part 26
Applicability, to Corth:acts
DEE provisions only apply to eTi DOT-assisted cot Disadvantaged Blisiness Enterprise
Preivision
The Federal Fia1Yr goai has been set by cit P. Arthur in .2:11 attempt to omit
fatiected pairernen Wfth available qualified disadvantaged busiuk City of Port
,krtlrues goals for "budgeted service contracts, bus parts, and other mate and piies for
Disadvantag Business Enterprises have be e:blished. by City ol Pi:At Arthur as set forth by
the Department of Transportation Regydaticms 49 CFR Part I'S. March ,S1.,1.98(), and amended by
Sec. -.lion 1060 .of the- Surface Itarisportablon Asthsitztme Act 2f 19 87, and is- , 07 , 1):Sidered - pert-Ina:a
to arty CrintraCt Agreem:zent: resuleakta fro girt request for prewysal.
•
.Federally Reqpireii and other Model Contract Cause s • 24
If a specific DBE goal is assigned to this . Ctintract Agreement it be dearly stated . in. ele
Special Specifications, aid if the Contractor is found. .0 have failed to exert sufficient
reasonable, and good faith effon s. to involve DBE's in the work provided, Qty of - Port Arthur
may declare the Contractor non•complaint - end in breaCh of Contract Agreement If a goal is not
61 ir the Spial. Specificatims, it - will be understood that no specific goal is a,_igried to this •
Contract Agreement
(a.) Polky It is the poky of the Department o Transportabon arid City 4 Port A.rthur that
Disadvantaged Business E rpties a defined in 49 CPR Part 26, and as amended in Secdon
106(c) 4 the Surface Transnortation. and Uniform Relccadon Assistance At .4197, Shall have
the inaximinn opportunity to participate in the performance 4 C.,onb.'act Agmemeni fulaweti
whole o n pit w.th fede.ral funds under this Contract Agreement. Coriswrrentit", the DBE
requirements of
49 C. Part 26 and Section 106(e') of the STUR AA •of1987, apply to this
Contract Agreement
Tht2Contractor agrees to ensure that DEE's as defined in 49 CFR :Part: 26 and Smtion.105(c) of
the Tr of 1987, haw the maximum opportunity to participat* . in the whde or in part with
federal funds provided under thisContract .Agreement In this regard, the Contractor Shall take
ell necessary and reasonable Steps in a with the regulations to ensure that DBE's have
the maximum opportunity to compete for and perform sirlicontracts, The Co shall not
discrnate on the basis of race, color, na...oriai on, religion, sex, age or physical - handicap in
the award and performance of subcoritacts. •
. It is further th polity of City' of NO Arthur to protriote the development and incise the
participation of businesses owned arid oxitholled by ilisaclvaritaged. DE ifINItilVerrient in all
phases of tity o Port Arthur'S procuternerit activities itencouraged.
(0) DBE Obligation - The Contractor end its sulx.tontractors agree toensure that diSadvantaged
buSinw.es ha Ve !die maximum opporninity to partidpatein the perfeamance. of coredacts and .
sylKontracts financed. in whole or in part with fe.deral funds provided under the Contract
Agreement In that regard ell !Contractors and subcontractors Shall !take ail necessary and
reas-onable step in accordance with 49 CPR Part 26 as amended. tx..t SLIT Mat n*0:1*
blaSitheSS enterprises have the maximum opportunity to compt. kir end perfonit contracts
(tl" Were the Contracwr is found. to have failed to exert sufficient reasonable and good Wilt
eff..Irts to 't-itrolve DBE's in. the woll providI, the oty of Port Arthur may d.feclaz.e the
Contractm end in •bath of Cor.itract
0,) The, Contract:Yr 'will keep iv. rir4 documents for a Ieasonable time fz..1111owing
perforranc e. el this C.:on:II Agreement to indicate ctmpaance With Cy 4 Pt Althur's DBE
przvarii. Th *cods and drits will be made aVailable et reasonable times emd places
for imsrAction t thcirized . representative of•City of Pert Arthiz nd w b Slibmitted to
Oty of Pmt At thltir Uprin Teglit;St,
City of Port Arthur will provide: affiimative as-sistance as may be reasonable and tw:c
to a;ssist the prime Cantra1/4 inirilerrtesang theiT i DBE participation. 'The
assistance may in:dude the kith upon request
• f.
Federally "Required and other :1■41 Contract Clauses 25
*Identification of qualified DBE
Available lisdng ( Minority Assistance .Agencies
* Holdirtg bid conferences to -emphasize requirements
• I
2. DBE Pv.wasi Definitions, as used_ in the . Contratt. Aigreeinent:
(a) Disadvantaged business "means • small business k
i. With is at least pw.-:ent owned by me or Leroiti sncia.tly and economically disadvantaged
individual% or, in. the case of any publicly owned business,, at is 51 percent of the stock of
which is owned bT me or more socially and. &ow...Kn disadvantaged individuals.; and
Who,se InartarArtextt and dailr 1.vasines...s operations .are controlled by t..)rte or tnctre t.)f the
vtrially and etnnornically disadvantaged individuals w1' own it
or
Which is et least 1 percent owned by one or wrote vronten m in the c of any.
publicly owned business, at least 5t% of . the stock of *Mai is owned by one. or more - women
individuals; and
iv. Wt se ma.nagernent and 4aily buiinet3s merations are controlled by one or :more women
individuals who own it.
(b) businis concern means a small bars ;t defined by Sectio.ri of the Small
Act arid Appatilix
This se.c.tion is developed to relied the new -- tuUt in 4 .9 CF] . Par-t 26.•
29, STATE AND LAL LAW DISC.
•
Appficability to 'Contracts
'nits diselairrter :applies to all carittrac...
•
Now Down
The i':? has - un:lir.-4ted Bow down.
•
Model Clause/ Language
VIA. has developed th following language..
State and Local Law D:L..s :claimer -- The use :(AI irtaiw of the suggested clauses Are .not. governed by
federal low, 'bat ATe. si.gnifkan8y ,Afected. by :E.;tate taw.. Th e language --t3f the suggested , c - lause,s
• may need to be ITZOCtifikd , tiepnAding on state law..„ artd that before the suggested tlause..8 are