16-142.00 Spokane Transit Authority: 9th Ave/Raymond to University Sidewalks Federal Consolidated Grant Agreement
Spokane Transit Authority Subrecipient
1229 W.Boone Avenue
Spokane,WA 99201 City of Spokane Valley(COSV)
11707 E. Sprague Ave., Suite 106
Contact: Gordon Howell (509) 325-6058 Spokane Valley,WA 99206
Contact: Steve Worley.PE (509) 720-5014
CFDA# Fec This document contains confidential tax information and
Project Costs has been redacted pursuant to RCW 82.32.330.
Federal Funds $ 192,000
You may petition for a review of our findings pertaining to any
State Funds $ 0 redacted or withheld documents pursuant to Spokane Valley
Subrecipient Funds $ 48,000 Municipal Code (SVMC) 2.75.080; and obtain judicial review
Total Funds $ 240,000 pursuant to RCW 42.56.550.
AGREEMENT NUMBER Scope of Project: As set forth in Exhibit I, Scope of
Project and Budget, attached and incorporated by this
reference.
Term of Project: October 2016 through the Service Area: Spokane Urbanized Area
estimated completion date of August 1,2018
THIS GRANT AGREEMENT, entered into by Spokane Transit Authority, a municipal corporation of the State of
Washington,hereinafter"STA,"and the City of Spokane Valley,hereinafter"COSV"or"SUBRECIPIENT;"and
WHEREAS STA is the Designated Recipient of certain federal grant funding authorized under 49 U.S.C.Chapter 53,and
specifically,grants awarded under 49 USC§5310;and
WHEREAS,through a local process,COSV is a locally selected recipient of an FTA Enhanced Mobility for Seniors and
Individuals with Disabilities grant, identified as Grant No. 1733-2016-5 "9t Avenue Sidewalk —Raymond to University
Roads", (also referred to as "Grant") funding authorized under 49 USC § 5310, and any subsequent amendments and
resolutions thereto;and
WHEREAS, STA, as the Designated Recipient, is responsible for the administration and management of COSV's use of
the proceeds of Grant No. 1733-2016-5 pursuant to 49 USC § 5310,will reimburse COSV for operating costs incurred in for
the term,of the project;and
WHEREAS,COSV shall provide monthly/quarterly reports to STA with all necessary federal performance measure data,
as specified in Section 8 below and backup data in order to validate the performance measure data provided to STA;and
WHEREAS, COSV shall at all times comply with the requirements under 49 USC § 5310, and all applicable Federal
Transit Administration(FTA)regulations, policies, procedures and directives, including those listed directly or by reference
in Exhibit II, "Applicable Federal Contract Clauses," as they may be amended or promulgated from time to time during the
term of this contract, and shall require compliance of these regulations by any third party contractor or lower tier recipient of
these federal funds,who is hired by COSV to implement this project;and
WHEREAS, COSV shall follow STA's Drug and Alcohol policy and procedures as it applies to this project for the
duration of the project;and
WHEREAS, COSV shall sign all applicable federal certifications as directed by STA, to ensure compliance with FTA;
these certifications may include forms to ensure compliance with Government-wide Suspension and Debarment and
compliance with Disadvantaged Business Enterprise(DBE);and
NOW, THEREFORE, in consideration of the terms, conditions, performances and mutual covenants herein set forth and
the attached Exhibit I, "Scope of Project and Budget," which is incorporated and made a part hereof, IT IS MUTUALLY
AGREED AS FOLLOWS:
Spokane Transit Authority August 30,2016
Section 1
Purpose of Agreement
The purpose of this AGREEMENT is to facilitate STA's provision of grant management services to COSV for FTA
Grant Agreement No. 1733-2016-5 funding awarded for the construction of a sidewalk in the Spokane Urbanized Area to,
primarily, improve ADA Access to the population of seniors and individuals with disabilities of Spokane County and nearby
Idaho,hereinafter referred to as the"Project."
Section 2
Scope of Project
The SUBRECIPIENT shall undertake the operation of demand response transportation services as detailed in Exhibit I,
"Scope of Project and Budget,"which is by this reference fully incorporated herein as if fully set out in this AGREEMENT
Exhibit I details the scope of work, the service area, and the project budget. This project will primarily serve seniors and
individuals with disabilities and trips provided on this vehicle will begin or end within the Spokane Urbanized Area(UZA).
Section 3
Term of Project
The Project period of this AGREEMENT shall begin on October 2015 and continues through the estimated completion
date of August 1,2018.
Section 4 •
Subrecipient's Project Costs Funds
The "Total Project Cost" is $240,000. The Federal Funds available for the Project shall not exceed $192,000. The
"SUBRECIPIENT Funds" dedicated to this project is $48,000.The SUBRECIPIENT agrees to expend "SUBRECIPIENT
Funds" allocated for the Project in an amount sufficient, when added together with the "Federal Funds" allocated for the
Project, to ensure payment of eligible expenses as described in the Scope of Project and detailed in Exhibit I, "Scope of
Project and Budget."
The SUBRECIPIENT further agrees that there shall be no reduction in the amount specified as the"SUBRECIPIENT
Funds" unless there is a concurrent proportional reduction in the "Federal Funds" or STA pre-approves the reduction in
writing. If at any time the SUBRECIPIENT becomes aware that the cost,which it expects to incur in the performance of this
AGREEMENT will exceed or be substantially less than$240,000,the SUBRECIPIENT shall notify STA promptly in writing
to that effect. The SUBRECIPIENT agrees that"Project Costs" eligible for Federal participation and"Subrecipient Funds"
used as match to FTA funds,must comply with the standards of OMB Circular A-87,Revised,"Cost Principles for State and
Local Governments,"or OMB Circular A-122,Revised,"Cost Principles for Non-Profit Organizations".
Section 5
Miscellaneous Charges and Conditions
The SUBRECIPIENT shall pay and be solely responsible for all charges,late fees and fines, as well as any fees(permits
and inspection fees)and taxes,which may be imposed with respect to said Project
Section 6
Payment
A. STA,using FTA grant funds shall reimburse the SUBRECIPIENT's allowable expenses incurred in completing the
Project described in Exhibit I,"Scope of Project and Budget." Allowable Project expenses shall be determined by STA as
described in applicable federal guidelines.
B. Payment will be made by STA on a reimbursable basis.Payment is subject to the submission to and approval by STA of
appropriate invoices,reports,and financial summaries. Any financial summaries submitted to STA must include a record of
the actual Project net costs.
C. The SUBRECIPIENT's fmal payment request for"Funds"must be received by STA,within thirty(30)days of the
completion of the Project or within thirty(30)days of the termination of this AGREEMENT,whichever is sooner. Any
payment request after this time will not be eligible for reimbursement.
Section 7
Assignments,Subcontracts,and Leases
A. Unless otherwise authorized in advance in writing by STA,the SUBRECIPIENT shall not assign any Project
Construction under this AGREEMENT,or execute any contract,amendment,or change order thereto pertaining to the Project
Construction,or obligate itself in any manner with any third party or lessee with respect to its rights and responsibilities under
this AGREEMENT.
B. The SUBRECIPIENT agrees to include Sections 9 through 18 of this AGREEMENT in each subcontract financed in
whole or in part with Federal assistance provided by FTA. It is further agreed that those clauses shall not be modified,except
to identify the subcontractor or other person or entity that will be subject to its provisions. In addition,the following
Spokane Transit Authority August 30,2016
a ,
b .
•
provision shall be included in any advertisement or invitation to bid for any procurement by the SUBRECIPIENT under this
AGREEMENT:
Statement of Financial Assistance-
This AGREEMENT is subject to a financial assistance contract between the Council of Aging and Human Services and
the Federal Transit Administration.
C. The SUBRECIPIENT also agrees to incorporate all applicable federal clauses from Exhibit II into each subcontract
it enters into.
Section 8
Reports and Performance Measures
A. Reports. The SUBRECIPIENT shall advise STA regarding the progress of the Project at such times and in such manner
as STA and FTA may require.For the AGREEMENT,STA will require quarterly reports from the SUBRECIPIENT to
collect necessary performance measures from the project and determine the project's quarterly cost. Within the quarterly
reports,the SUBRECIPIENT shall provide STA with the following performance measures gathered for each month within
the quarter:
1. Ridership:Actual or estimated number of rides(as measured by one-way trips)provided for seniors and individuals
with disabilities as a result of this 5310-funded project(rides added or sustained with this funding);N/A
2. Revenue service miles;N/A
3. Revenue service hours;N/A
4. Service Improvements:Increases or enhancements related to geographic coverage,service quality,and/or service
times that impact availability of transportation services for seniors and individuals with disabilities as a result of this 5310-
funded project(geographic service area enlarged or sustained with this funding);N/A and
5. Physical Improvements:Additions or changes to physical infrastructure(e.g.transportation facilities,sidewalks,
etc.),technology,and vehicles that impact availability of transportation services for seniors and individuals with disabilities,
as a result of this 5310-funded project.
It is important to note that performance measures 4.and 5 are not expected to vary widely from month to month,
whereas,ridership numbers described in performance measure 1 may be different for each month. Measures 4 and 5
can be reported through a narrative.
The SUBRECIPIENT agrees to keep satisfactory written records with regard to operations and shall submit the following
reports to,and in a form and at such times prescribed by,STA until the project is completed:
• Quarterly Reports that include:
o Reimbursement Request
o Performance Report:
• Quarterly Progress Narrative
• Performance Measures
• Monthly DBE Payment Affidavit(if applicable)
• EEO Complaints
• Title VI Complaints
• ADA Complaints
• Annually
o Annual Report of Performance
B. Remedies for Misuse or Noncompliance. The SUBRECIPIENT shall not perform the operation of the Project in a
manner different from that set forth in Exhibit I,"Scope of Project and Budget,"and the"Service Area"identified in the
AGREEMENT. FTA may require STA to withhold Grant payments should it determine that the SUBRECIPIENT has failed
to comply with any provision of this AGREEMENT. If Federal participation and funding is either reduced or canceled as a
result of a breach by the SUBRECIPIENT,the SUBRECIPIENT is then liable for all damages from the breach,even though
those damages exceed the price payable under this AGREEMENT.
Section 9
General Compliance Assurance
The SUBRECIPIENT agrees to give reasonable guarantees that it and its subcontractors or third party contractors under
this AGREEMENT,will comply with all requirements imposed by,or pursuant to,the Federal Transit Act including any
Spokane Transit Authority August 30,2016
amendments thereto,and the Federal Regulations. The SUBRECIPIENT agrees to comply with the provisions of 49 C.F.R.
Part 200,and the"Common Rule"as defined in OMB Circular A-87. The SUBRECIPIENT agrees that the United States,
any agency thereof,STA and any of STA's representatives,have not only the right to monitor the compliance of the
SUBRECIPIENT with the provisions of this assurance,but also have the right to seek judicial enforcement with regard to any
matter arising under the Federal Transit Act,the Federal Regulations,and this assurance. It is understood by the
SUBRECIPIENT that this assurance obligates the SUBRECIPIENT and any transferee of the SUBRECIPIENT,or said
transferee's successor(s),for the useful term of the Project.
Section 10
Procurement
General Procurement Requirements. The SUBRECIPIENT shall comply with third party procurement requirements of
49 U.S.C.chapter 53 and other applicable Federal Laws in effect now or as subsequently enacted;with U.S.DOT third party
procurement regulations of 49 C.F.R. §200.317 through 200.326 and other applicable Federal Regulations pertaining to third
party procurements and subsequent amendments thereto.The SUBRECIPIENT shall also comply with the provisions of FTA
Circular 4220.1.F,"Third Party Contracting Requirements,"November 1,2008 and any later revision thereto,except to the
extent FTA determines otherwise in writing,which by this reference are incorporated herein and any reference therein to
"Grantee"shall mean SUBRECIPIENT.The SUBRECIPIENT agrees that it may not use FTA assistance to support its third
party procurements unless there is satisfactory compliance with Federal laws and regulations.
Section 11
Personal Liability of Public Officers
No officer or employee of STA shall be personally liable for any acts or failure to act in connection with this
AGREEMENT,it being understood that in such matters they are acting solely as agents of STA.
Section 12
Ethics
A. Code of Ethics. The SUBRECIPIENT agrees to maintain a written code or standards of conduct that shall govern the
performance of its officers,employees,board members,or agents engaged in the award and administration of contracts,
subagreements,leases,third party contracts,or other arrangements supported by Federal assistance. The code or
standards shall provide that the SUBRECIPIENT's officers,employees,board members,or agents may neither solicit nor
accept gratuities,favors,or anything of monetary value from any present or potential subcontractor,lessee,sub-recipient,
or participant at any tier of the Project,or agent thereof. The SUBRECIPIENT may set de-minimis rules where the
financial interest is not substantial,or the gift is an unsolicited item of nominal intrinsic value. These codes or standards
shall prohibit the SUBRECIPIENT's officers,employees,board members,or agents from using their positions for a
purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. As
permitted by State or Local Law or Regulations,such code or standards shall include penalties,sanctions,or other
disciplinary actions for violations by the SUBRECIPIENT's officers,employees,board members,or agents,or by
subcontractors,lessees or sub-recipients,other participants or their agents. The SUBRECIPIENT must fully comply with
all the requirements and obligations of chapter 42.52 RCW that govern ethics in State and Local Governments.
B. Debarment and Suspension. See Exhibit II for more details.The SUBRECIPIENT agrees to:
1. Comply and assures the compliance of each sub-recipient,lessee,third party contractor,or other participant at any
tier of the Project with the requirements of Debarment and Suspension.
2. Submit a certificate of compliance with Debarment and Suspension.
Section 13
Compliance with Laws and Regulations
The SUBRECIPIENT agrees to abide by all applicable State and Federal Laws and Regulations including but not
limited to,those concerning employment,equal opportunity employment,nondiscrimination assurances,Project record
keeping necessary to evidence compliance with such Federal and State Laws and Regulations,and retention of all such
records. The SUBRECIPIENT will adhere to all of the nondiscrimination provisions in chapter 49.60 RCW.
Section 14
Civil Rights
The SUBRECIPIENT shall comply with all applicable civil rights laws,regulations and directives except to the extent
that the Federal Government determines otherwise in writing.This includes ADA,Title VI,DBE,and EEO.
Section 15
Participation of Disadvantaged Business Enterprises
Spokane Transit Authority August 30,2016
The SUBRECIPIENT shall take measures to facilitate participation by disadvantaged business enterprises(DBE)in the
Project.See Exhibit II for more details.
Section 16
Accounting Records
A. Project Accounts. The SUBRECIPIENT agrees to establish and maintain for the Project either a separate set of
accounts or separate accounts within the framework of an established accounting system that can be identified with the
Project,in accordance with applicable Federal Regulations and other requirements that FTA may impose. The
SUBRECIPIENT agrees that 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 available to STA and FTA upon
request,and,to the extent feasible,kept separate from documents not pertaining to the Project.
B. Funds Received or Made Available for the Project. The SUBRECIPIENT agrees to deposit in a fmancial institution,
all advance Project payments it receives from the Federal Government and record in the Project Account all amounts
provided by the Federal Government in support of this Grant AGREEMENT or Cooperative AGREEMENT and all other
funds provided for,accruing to,or otherwise received on account of the Project(Project funds)in accordance with applicable
Federal Regulations and other requirements FTA may impose. Use of fmancial institutions owned at least 50 percent by
minority group members is encouraged.
C. Documentation of Project Costs and Program Income. The SUBRECIPIENT agrees to support all costs charged to
the Project,including any approved services contributed by the SUBRECIPIENT or others,with properly executed payrolls,
time records,invoices,contracts,or vouchers describing in detail the nature and propriety of the charges. The
SUBRECIPIENT also agrees to maintain accurate records of all program income derived from implementing the Project,
except certain income determined by FTA to be exempt from Federal program income requirements.
D. Checks,Orders,and Vouchers. The SUBRECIPIENT agrees to refrain from drawing checks,drafts,or orders for
goods or services to be charged against the Project Account until it has received and filed a properly signed voucher
describing in proper detail the purpose for the expenditure.
Section 17
Audits,Inspection,and Retention of Records
During the course of the Project and for six(6)years thereafter,the SUBRECIPIENT agrees to retain intact and to provide
any data,documents,reports,records,contracts,and supporting materials relating to the Project as STA may require;agrees
to perform the financial and compliance audits required by the Single Audit Act Amendments of 1996,31 U.S.C. §§7501 et
seq;and agrees to permit STA,the State Auditor,the United States Department of Transportation,and the Comptroller
General of the United States,or their authorized representatives,to inspect all Project work materials,payrolls,maintenance
records,and other data,and to audit the books,records,and accounts of the CONTRACTOR SUBRECIPIENT and its
contractors pertaining to the Project.See Exhibit H for more details.
Section 18
Coordination of Special Needs Transportation
It is the policy of the STA to actively support coordination of special needs transportation in the state. As a condition of
assistance,the SUBRECIPIENT is required to participate in local coordinated planning as led by SUBRECIPIENT's relevant
Metropolitan Planning Organization(MPO)and/or Regional Transportation Planning Organization(RTPO).
Section 19
State and Local Law
Except when a Federal Statute or Regulation pre-empts State and Local Law,no provision of this AGREEMENT shall
require the SUBRECIPIENT to observe or enforce compliance with any provision,perform any other act,or do any other
thing in contravention of State or Local Law. Thus if any provision or compliance with any provision of this AGREEMENT
violate State,or Local Law,or would require the SUBRECIPIENT to violate State or Local Law,the SUBRECIPIENT agrees
to notify STA immediately in writing. Should this occur,STA and the SUBRECIPIENT agree to make appropriate
arrangements to proceed with or,if necessary,expeditiously terminate the Project.
Section 20
Limitation of Liability
A. The SUBRECIPIENT shall indemnify and hold harmless STA,its agents,employees,and officers from and process and
defend at its own expense any and all claims,demands,suits at law or equity,actions,penalties,losses,damages,or costs
(hereinafter referred to collectively as"claims"),of whatsoever kind or nature brought against STA arising out of,in
connection with or incident to the execution of this AGREEMENT and/or the SUBRECIPIENT's performance or failure to
perform any aspect of this AGREEMENT. This indemnity provision applies to all claims against STA,its agents,employees
and officers arising out of,in connection with or incident to the negligent acts or omissions of the SUBRECIPIENT,its
Spokane Transit Authority August 30,2016
•
agents,employees and officers.Provided,however,that nothing herein shall require the SUBRECIPIENT to indemnify and
hold harmless or defend the STA,its agents,employees or officers to the extent that claims are caused by the negligent acts or
omissions of the STA,its agents,employees or officers. The indemnification and hold harmless provision shall survive
termination of this AGREEMENT.
B. The SUBRECIPIENT shall be deemed an independent SUBRECIPIENT for all purposes,and the employees of the
SUBRECIPIENT,or its subcontractors and the employees thereof,shall not in any manner be deemed to be the employees of
STA.
C. The SUBRECIPIENT specifically assumes potential liability for actions brought by SUBRECIPIENT's employees
and/or subcontractors and solely for the purposes of this indemnification and defense,the SUBRECIPIENT specifically
waives any immunity under the State Industrial Insurance Law,Title 51 Revised Code of Washington.
D. In the event either the SUBRECIPIENT or STA incurs attorney's fees,costs or other legal expenses to enforce the
provisions of this section of the AGREEMENT against the other PARTY,all such fees,costs and expenses shall be
recoverable by the prevailing PARTY.
Section 21
Changed Conditions Affecting Performance
The SUBRECIPIENT hereby agrees to immediately notify STA in writing of any change in conditions or law,or of any
other event,which may affect its ability to perform the Project in accordance with the provisions of this AGREEMENT.
Section 22
Agreement Modifications
Either PARTY may request changes to this AGREEMENT. Any changes to the terms of this AGREEMENT must be
mutually agreed upon and incorporated by written amendment to this AGREEMENT. Such amendments or modifications to
the terms of this AGREEMENT shall not be binding or valid unless signed by the authorized representatives of both
PARTIES.
Section 23
Termination
STA and or the SUBRECIPIENT may suspend or terminate this AGREEMENT for convenienece,in whole or in part,by
written notice to the other PARTY in accordance with 49 C.F.R.Part 18 § 18.44 or 49 C.F.R. 19 § 19.61,whichever is
applicable to a project receiving"Federal Funds.STA may also suspend or terminate this AGREEMENT for default,in whole
or in part,and all or any part of the Federal fmancial assistance provided herein,at any time by written notice to the
SUBRECIPIENT,if the SUBRECIPIENT materially breaches or fails to perform any of the requirements of this
AGREEMENT.
• Section 24
Lack of Waiver
In no event shall any STA payment of grant funds to the SUBRECIPIENT constitute or be construed as a waiver by STA
of any SUBRECIPIENT breach,or default. Such payment shall in no way impair or prejudice any right or remedy available
to STA with respect to any breach or default.
Section 25
STA Advice
The SUBRECIPIENT bears complete responsibility for the administration and success of the Project as it is defined by
this AGREEMENT and any amendments thereto. If the SUBRECIPIENT solicits advice from STA on problems that may
arise,the offering of STA advice shall not shift the responsibility of the SUBRECIPIENT for the correct administration and
success of the Project,and STA shall not be held liable for offering advice to the SUBRECIPIENT.
Section 26
Subrogation
A. Prior to Subrogation. STA may require the SUBRECIPIENT to take such action as may be necessary or appropriate to
preserve the SUBRECIPIENT's right to recover damages from any person or organization alleged to be legally responsible
for injury to the Project Equipment or other property in which STA has a financial interest.
B. Subrogation. STA may require the SUBRECIPIENT to assign to it all right of recovery against any person or
organization for loss,to the extent of STA's loss. Upon assignment,the SUBRECIPIENT shall execute,deliver,and do
whatever else necessary to secure STA's rights. The SUBRECIPIENT shall do nothing after any loss to prejudice the rights
of STA.
C. Duties of the SUBRECIPIENT. If STA has exercised its right of subrogation,the SUBRECIPIENT shall cooperate
with STA and,upon STA's request,assist in the prosecution of suits and enforce any right against any person or organization
Spokane Transit Authority August 30,2016
who may be liable to STA due to damage of Project Equipment. The SUBRECIPIENT shall attend hearings and trials,assist
in securing and giving evidence,and obtain the attendance of witnesses.
Section 27
Forbearance by STA Not a Waiver
Any forbearance by STA in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not
be a waiver of or preclude the exercise of any such right or remedy.
Section 28
Disputes
A. Disputes. Disputes,arising in the performance of this AGREEMENT,which are not resolved by agreement of the
PARTIES,shall be decided in writing by the STA Public Transportation Assistant Director or Assistant Director's designee.
This decision shall be fmal and conclusive unless within ten(10)days from the date of the SUBRECIPIENT's receipt of its
copy,the SUBRECIPIENT mails or otherwise furnishes a written appeal to the Director of the Public Transportation Division
or the Director's designee.In connection with any such appeal,the SUBRECIPIENT shall be afforded an opportunity to be
heard and to offer evidence in support of its position. The SUBRECIPIENT's appeal shall be decided in writing by the
Director of the Public Transportation Division or Director's designee. The decision shall be binding upon the
SUBRECIPIENT and the SUBRECIPIENT shall abide by the decision.
B. Performance During Dispute. Unless otherwise directed by STA, SUBRECIPIENT shall continue performance under
this AGREEMENT while matters in dispute are being resolved.
C. Claims for Damages. Should either PARTY to this AGREEMENT suffer injury or damage to person,property,or right
because of any act or omission of the other PARTY or any of that PARTY's employees,agents or others for whose acts it is
legally liable,a claim for damages therefore shall be made in writing to such other PARTY within thirty(30)days after the
first observance of such injury or damage.
D. Rights and Remedies. All remedies provided in this AGREEMENT are distinct and cumulative to any other right or
remedy under this document or afforded by law or equity,and may be exercised independently,concurrently,or successively
and shall not be construed to be a limitation of any duties,obligations,rights and remedies of the PARTIES hereto. No action
or failure to act by the STA or SUBRECIPIENT shall constitute a waiver of any right or duty afforded any of them under this
AGREEMENT,nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder,
except as may be specifically agreed in writing.
Section 29
Venue and Process
In the event that either PARTY deems it necessary to institute legal action or proceedings to enforce any right or
obligation under this AGREEMENT,the PARTIES hereto agree that any such action shall be initiated in the Superior Court
of the State of Washington situated in Thurston County. The PARTIES hereby accept the issuing and service of process by
registered mail at the mailing address shown in the caption space heading of this AGREEMENT. The PARTIES agree that
the laws of the State of Washington shall apply.
Section 30
Counterparts
This AGREEMENT may be simultaneously executed in several counterparts,each of which shall be deemed to be an
original having identical legal effect. The SUBRECIPIENT does hereby ratify and adopt all statements,representations,
warranties,covenants,and agreements and their supporting materials contained and/or mentioned herein,and does hereby
accept STA's grant and agrees to all of the terms and conditions thereof.
Section 31
Severability
Should any section,term or provision of this AGREEMENT be adjudged as void,such adjudication shall not affect the
validity or obligation of performance of any other covenant or provision,or any part thereof,which by itself is valid if such
remainder conforms to the terms and requirements of applicable law and the intent of this agreement.No controversy
concerning any covenant or provision shall delay the performance of any other covenant or provision except as herein
allowed.
Section 32
Complete Agreement
This document contains all covenants,stipulations,and provisions agreed upon by STA. No agent or representative of
STA has authority to make,and STA shall not be bound by or be liable for,any statement,representation,promise or
agreement not set forth herein or made by written amendment hereto.
Section 33
Spokane Transit Authority August 30,2016
•
Section Headings
All section headings are inserted for convenience only and shall not affect any construction or interpretation of this
AGREEMENT.
Section 34
Execution
This AGREEMENT is executed by the Chief Executive Officer of Spokane Transit Authority or the Chief Executive
Officer's designee,not as an individual incurring personal obligation and liability,but solely by,for and on behalf of Spokane
Transit Authority,in the capacity as Chief Executive Officer,or as a designee.
IN WITNESS WHEREOF,the PARTIES hereto have executed this AGREEMENT the day and year last written below.
SPOKANE TRANSIT AUTHORITY SUBRECIPIENT
By: . ` - VA/t.t,L - By: ' 't cok_
E.Susan Meyer Authorized Representative
Chief Executive Officer j I�b
Print Name MA('K L
Print Title c.�VLA CSI MetfrLacwr
Who by this signatu certifies their authdiity to execute this
AGREEMENT on behalf of the SUBRECIPIENT.
Date: /D•1 g • 1(4" Date: q(Z3
Spokane Transit Authority August 30,2016
Exhibit I
SCOPE OF PROJECT AND BUDGET
Total Project Budget
Federal Funds* $ 192,000
State Funds $ 0
Subrecipient Funds** $ 48,000
Total Cost $ 240,000
*For this grant agreement,the City of Spokane Valley requested$192,000 in federal aid. This project is
considered a capital expense, and according to the requirements of Section 5310, 80/20 match rate
between federal funds and local match is required. Therefore,the City of Spokane Valley is required to
have at least$48,000 in local match funds budgeted for this project. ** The City of Spokane Valley
receives revenue from Washington State Real Estate Excise Taxes (REET)which is designated for the
acquisition or construction of general government capital projects. The 9th Avenue Sidewalk Project was added to
the City's Transportation Improvement Plan(TIP) in the 2017-2022 six-year program. The match for this project
will be programmed in the City's 2017 budget using REET funds.
Scope of Work:
This project will install about 640 lineal feet of sidewalk, curbing, and ADA compliant sidewalk ramps
along 9th Avenue between Raymond and University Roads. Permanent Transit stops are located just
north of 9th Avenue on University Road. Sunshine Gardens provides residential care to 128 residents
with mental disabilities. All but 10 of these residents are active and come and go throughout the day,
many using transit to access services throughout the area. Providing continuous sidewalks to stops along
University Road gives safe access to transit services.
City and Sunshine Garden staff have met to discuss a strategy for gathering data and have agreed to
conduct"before and after" surveys quantifying the number of patients who use transit today and the
change in use after the new sidewalks, curb, and ADA sidewalk ramps are installed for foot traffic
accessing permanent bus stops on University Road. In addition,periodic field counts will occur through
the winter of 2017 to quantify the impact of the improvements. A final report documenting the
effectiveness of this project will be provided once this project is complete.
Tasks/Activities and Timeline
Tasks/Activities Start Date Completion Date Expenditure
Data Acquisition(Baseline) 10/1/2016 12/31/2016
Preliminary Engineering&Design 10/1/2016 3/31/2017
Construction 7/1/2016 8/31/2017
Final Data Acquisition Report 9/15/2017 12/31/2017
Spokane Transit Authority August 30,2016
•
Exhibit H
Applicable Federal Contract Clauses
Federal Privacy Act Requirements
CONTRACTOR agrees to comply with,and assures the compliance of its employees with,the information restrictions and
other applicable requirements of the Privacy Act of 1974,5 U.S.C.#552(a).CONTRACTOR agrees to obtain the express
consent of the Federal Government before CONTRACTOR or its employees operate a system of records on behalf of the
Federal Government. CONTRACTOR understands that the requirements of the Privacy Act,including the civil and criminal
penalties for violation of that Act,apply to those individuals involved,and that failure to comply with the terms of the Privacy
Act may result in termination of this contract.
CONTRACTOR also agrees to include these requirements in each subcontract to administer any system of records on behalf
of the Federal Government financed in whole or in part with Federal assistance provided by FTA.
No Government Obligation to Third Parties
1) STA and CONTRACTOR acknowledge and agree that,notwithstanding any concurrence by the Federal Government in
or approval of the solicitation or award of this contract,absent the express written consent by the Federal Government,
the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to STA,
CONTRACTOR,or any other party(whether or not a party to this contract)pertaining to any matter resulting from this
contract.
2) CONTRACTOR agrees to include the above clause in each subcontract financed in whole or in part with Federal
assistance provided by FTA.It is further agreed that the clause shall not be modified,except to identify the subcontractor
who will be subject to its provisions.
Program Fraud and False or Fraudulent Statements and Related Acts
1) CONTRACTOR acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986,as amended,31
U.S.C.#3801 et seq.and U.S.DOT regulations,"Program Fraud Civil Remedies,"49 CFR Part 31,apply to its actions
pertaining to this procurement.Upon execution of this contract,CONTRACTOR certifies or affirms the truthfulness and
accuracy of any statement it has made,it makes,it may make,or causes to be made,pertaining to this contract or the FTA
assisted project for which this contract is being performed.In addition to other penalties that may be applicable,
CONTRACTOR further acknowledges that if it makes,or causes to be made,a false,fictitious,or fraudulent claim,statement,
submission,or certification,the Federal Government reserves the right to impose the penalties of the Program Fraud Civil
Remedies Act of 1986 on CONTRACTOR to the extent the Federal Government deems appropriate.
2) CONTRACTOR also acknowledges that if it makes,or causes to be made,a false,fictitious,or fraudulent claim,
statement,submission,or certification to the Federal Government under a contract connected with a project that is financed in
whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C.#5307,the Government
reserves the right to impose the penalties of 18 U.S.C.#1001 and 49 U.S.C.#5307(n)(1)on CONTRACTOR,to the extent
the Federal Government deems appropriate.
3) CONTRACTOR agrees to include the above two clauses in each subcontract financed in whole or in part with Federal
assistance provided by FTA.It is further agreed that the clauses shall not be modified,except to identify the subcontractor
who will be subject to the provisions.
Access to Records
1) CONTRACTOR agrees to provide STA,the FTA Administrator,the Secretary of Transportation,the Comptroller
General of the United States or any of their duly authorized representatives'access to any books,documents,papers,and
records of CONTRACTOR which are directly pertinent to this contract for the purposes of making audits,examinations,
excerpts and transcriptions.CONTRACTOR agrees,pursuant to 49 CFR 633.17 to provide the FTA Administrator or
his/her authorized representatives including any PMO contractor access to Company's records and construction sites
pertaining to a major capital project,defined in 49 U.S.C. 5302(a)1,which is receiving federal financial assistance
through the programs described at 49 U.S.C.5307,5309,or 5311.CONTRACTOR also agrees to permit any of the
foregoing parties(at their costs)to reproduce by any means whatsoever any excerpts and transcriptions as reasonably
needed,and to permit said parties to interview Company's employees during work hours on the job.
Spokane Transit Authority August 30,2016
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2) CONTRACTOR agrees to maintain all books,records,accounts and reports required under this contract for a period of
not less than three(3)years after the date of termination or expiration of this contract,except in the event of litigation or
settlement of claims arising from the performance of this contract,in which case CONTRACTOR agrees to maintain
same until STA,the FTA Administrator,the Secretary of Transportation,the Comptroller General,or any of their duly
authorized representatives,have disposed of all such litigation,appeals,claims or exceptions related thereto.
Federal Requirements and Changes
The Contractor shall at all times comply with all applicable Federal Transit Administration(FTA)regulations,policies,
procedures and directives,including without limitation those listed directly or by reference in the Master Agreement[Form
FTA MA(21)dated October 1,2014;available at http://www.fta.dot.gov/documents/21-Master.pdf]between STA and FTA,
as they may be amended or promulgated from time to time during the term of this contract.The Contractor's failure to so
comply shall constitute a material breach of this contract.
Title VI Civil Rights Requirements
1) Nondiscrimination.In accordance with Title VI of the Civil Rights Act,as amended,42 U.S.C. §2000d,Section 303 of
the Age Discrimination Act of 1975,as amended,42 U.S.C. §6102, Section 202 of the Americans with Disabilities Act
of 1990,42 U.S.C. §12132,and Federal transit law at 49 U.S.C. §5332,CONTRACTOR agrees that it will not
discriminate against any employee or applicant for employment because of race,color,creed,national origin,sex,sexual
orientation,gender identity or age,or disability.In addition,CONTRACTOR agrees to comply with applicable Federal
implementing regulations and other implementing requirements FTA may issue.
2) Equal Employment Opportunity.The following equal employment opportunity requirements apply to the underlying
contract:
a) Race,Color,Creed,National Origin,Sex,Sexual Orientation,Gender Identity.In accordance with Title VII of the
Civil Rights Act,as amended,42 U.S.C. §2000e,and Federal transit laws at 49 U.S.C. §5332,CONTRACTOR
agrees to comply with all applicable equal employment opportunity requirements of U.S.Dept.of Labor(U.S.DOL)
regulations,"Office of Federal Agreement Compliance Programs,Equal Employment Opportunity,Department of
Labor,"41 CFR,Parts 60 et seq.,(which implement Executive Order No. 11246,"Equal Employment Opportunity,"
as amended by Executive Order No. 11375,"Amending Executive Order 11246,Relating to Equal Employment
Opportunity,"Executive Order No. 13672,"Further Amendments to Executive Order 11478,Equal Employment
Opportunity in the Federal Government,and Executive Order 11246,Equal Employment Opportunity,"42 U.S.C. §
2000e note)and with any applicable Federal statutes,executive orders,regulations,and Federal policies that may in
the future affect construction activities undertaken in the course of this project. CONTRACTOR agrees to take
affirmative action to ensure that applicants are employed,and that employees are treated during employment,without
regard to their race,color,creed,national origin,sex,sexual orientation,gender identity,or age. Such action shall
include,but not be limited to,the following:employment,upgrading,demotion or transfer,recruitment or
recruitment advertising,layoff or termination,rates of pay or other forms of compensation;and selection for training,
including apprenticeship. In addition,CONTRACTOR agrees to comply with applicable Federal implementing
regulations and other implementing requirements FTA may issue.
b) Age.In accordance with Section 4 of the Age Discrimination in Employment Act of 1967,as amended,29 U.S.C.
§623 and Federal transit law at 49 U.S.C. §5332,CONTRACTOR agrees to refrain from discrimination against
present and prospective employees for reason of age. In addition,CONTRACTOR agrees to comply with applicable
Federal implementing regulations and other implementing requirements FTA may issue.
c) Disabilities.In accordance with Section 102 of the Americans with Disabilities Act,as amended,42 U.S.C. §12112,
CONTRACTOR agrees that it will comply with the requirements of U.S.Equal Employment Opportunity
Commission,"Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,"
29 CFR,Part 1630,pertaining to employment of persons with disabilities. . In addition,CONTRACTOR agrees to
comply with applicable Federal implementing regulations and other implementing requirements FTA may issue.
d) CONTRACTOR also agrees to include these requirements in each sub-agreement financed in whole or in part with
Federal assistance provided by FTA,modified only if necessary to identify the affected parties.
Disadvantaged Business Enterprise(DBE)
1) Policy: It is the policy of the Department of Transportation and STA that Disadvantaged Business Enterprises,as defined
in 49 CFR,Part 26,shall have equal access to participation in the performance of Agreements financed in whole or part
with Federal funds under this Agreement
Spokane Transit Authority / August 30,2016
2) DBE Obligations:CONTRACTOR and its subcontractors agree to make good faith efforts to ensure that disadvantaged
businesses have an equal opportunity to participate in the performance of Agreements and subcontracts financed in
whole,or in part,with Federal funds provided under this Agreement.In this regard,CONTRACTOR shall make a good
faith effort to ensure that disadvantaged businesses have an equal opportunity to compete for and perform Agreements.
3) Non-Discrimination:CONTRACTOR or subcontractor shall not discriminate on the basis of race,color,national origin,
or sex in the performance of this Agreement.CONTRACTOR shall cavy out applicable requirements of 49 CFR Part 26
in the award and administration of DOT assisted Agreements.Failure by CONTRACTOR to carry out these requirements
and the requirements of this section(paragraph 1.23)is a material breach of this Agreement,which may result in the
termination of this Agreement or such other remedy as the recipient deems appropriate.
4) DBE Liaison: STA has designated a DBE Liaison to assist disadvantaged business enterprises and has the authority to
administer STA's DBE program.Inquiries and requests concerning STA's DBE program and information for certification
shall be directed to:
DBE Liaison
Spokane Transit Authority
1230 W.
Spokane,WA,99201,(509)325-6032
5) DBE Delegation and Assignment:If a DBE subcontractor is unable to perform the work contracted for,the prime
contractor must either replace the subcontractor with another DBE or show STA that good faith efforts to do so have
been made.Failure by the prime contractor to comply may result in monetary penalties and partial or total termination for
default with re-solicitation costs to the prime contractor or its bond.
6) Company Reporting Requirements: STA shall use the prime contractor's commitment to DBE subcontract participation
submitted with its bids as the prime contractor's goal for the Agreement.However,the prime contractor shall not be
credited with DBE participation until actual payment has been made to the DBE subcontractors involved.Therefore,
contractors shall be required to submit with each payment request the amounts earned by DBE subcontractors and to be
paid to DBE subcontractors upon STA's progress payment.In addition,prime contractors shall be required to submit
verification of receipt of previous payments by DBE subcontractors.Upon receipt of payment verification,prime
contractors shall receive credit against their goal. STA will require prime contractors to maintain records and documents
of payments to DBE's for three years following the performance of the Agreement.These records will be made available
for inspection upon request by any authorized representative of STA or DOT.This reporting requirement also extends to
any certified DBE subcontractor. STA will keep a record of payments to DBE fines for work committed to them at the
time of Agreement award.STA may also perform audits of contract payments to DBEs.The audit will review payments
to DBE subcontractors to ensure that the actual amount paid to DBE subcontractors equals or exceeds the dollar amounts
stated in the schedule of DBE participation.
7) CONTRACTOR agrees to use his/her best efforts to carry out a policy in the award of subcontracts,agent agreements,
and procurement contracts which will,to the fullest extent,utilize disadvantaged business enterprises consistent with the
efficient performance of the contract.
Prompt Payment of Subcontractors
The CONTRACTOR is required to make payment to subcontractors within thirty days from the receipt of each payment the
prime contractor receives from STA for satisfactorily completed subcontractor work from STA,whether such payment is a
progress or final payment. The prime contractor agrees further to return retainage payments to each subcontractor within
thirty days after the subcontractor's work is satisfactorily completed. If payment disputes arise between the prime contractor
and subcontractors,such disputes shall be resolved promptly through mediation or arbitration in order to prevent injury to
small business subcontractors. The prime contractor shall specify in its subcontract agreement what dispute resolution
method will be used. In addition,prime contractors will not be paid for subcontractors'work unless the prime contractor can
show that a prompt payment method for subcontractors is in place. Prime contractors shall be required to provide copies of
the subcontracts to STA showing inclusion of these provisions. STA may withhold the applicable sum due a subcontractor
for non-compliance with this section.
Incorporation of FTA Terms
The preceding provisions include,in part,certain Standard Terms and Conditions required by DOT.All the contractual
provisions required by DOT,as set forth in FTA Circular 4220.1F,dated March 13,2013,as amended,and are hereby
incorporated by reference.Anything to the contrary herein notwithstanding,all FTA mandated terms shall be deemed to
Spokane Transit Authority August 30,2016
control in the event of a conflict with other provisions contained in this contract.The contractor shall not perform any act,fail
to perform any act,or refuse to comply with any STA requests which would cause STA to be in violation of the FTA terms
and conditions.
Energy Conservation
CONTRACTOR shall comply with mandatory standards and policies relating to energy efficiency which are contained in the
State energy conservation plan issued in compliance with the Energy Policy and Conservation Act(42 USC Section 6321 et
seq.).
Section 2: Clauses for construction contracts$2,000 or more(also see Section 7 for special clauses)
Davis-Bacon Act Requirements for Construction Contracts
1) Minimum wages
a) All laborers and mechanics employed or working upon the site of the work(or under the United States Housing Act
of 1937 or under the Housing Act of 1949 in the construction or development of the project),will be paid
unconditionally and not less often than once a week,and without subsequent deduction or rebate on any account
(except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland
Act(29 CFR part 3)),the full amount of wages and bona fide fringe benefits(or cash equivalents thereof)due at time
of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor
which is attached hereto and made a part hereof,regardless of any contractual relationship which may be alleged to
exist between the contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2)of the Davis-
Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics,subject to
the provisions of this section;also,regular contributions made or costs incurred for more than a weekly period(but
not less often than quarterly)under plans,funds,or programs which cover the particular weekly period, are deemed
to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the
appropriate wage rate and fringe benefits on the wage determination for the classification of work actually
performed,without regard to skill,except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing
work in more than one classification may be compensated at the rate specified for each classification for the time
actually worked therein:Provided,That the employer's payroll records accurately set forth the time spent in each
classification in which work is performed. The wage determination(including any additional classifications and
wage rates conformed under this section)and the Davis-Bacon poster(WH-1321)shall be posted at all times by the
contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily
seen by the workers.
2) Classifications
a) The contracting officer shall require that any class of laborers or mechanics,including helpers,which is not listed in
the wage determination and which is to be employed under the contract shall be classified in conformance with the
wage determination. The contracting officer shall approve an additional classification and wage rate and fringe
benefits therefore only when the following criteria have been met:
i) Except with respect to helpers as defined as 29 CFR 5.2(n)(4),the work to be performed by the classification
requested is not performed by a classification in the wage determination;and
ii) The classification is utilized in the area by the construction industry;and
iii) The proposed wage rate,including any bona fide fringe benefits,bears a reasonable relationship to the wage
rates contained in the wage determination;and
iv) With respect to helpers as defined in 29 CFR 5.2(n)(4),such a classification prevails in the area in which the
work is performed.
b) If the contractor and the laborers and mechanics to be employed in the classification(if known),or their
representatives,and the contracting officer agree on the classification and wage rate(including the amount
designated for fringe benefits where appropriate),a report of the action taken shall be sent by the contracting officer
to the Administrator of the Wage and Hour Division,Employment Standards Administration,U.S.Department of
Labor,Washington,DC 20210. The Administrator,or an authorized representative,will approve,modify,or
disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or
will notify the contracting officer within the 30-day period that additional time is necessary.
c) In the event the contractor,the laborers or mechanics to be employed in the classification or their representatives,
and the contracting officer do not agree on the proposed classification and wage rate(including the amount
designated for fringe benefits,where appropriate),the contracting officer shall refer the questions,including the
Spokane Transit Authority August 30,2016
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views of all interested parties and the recommendation of the contracting officer,to the Administrator for
determination. The Administrator,or an authorized representative,will issue a determination within 30 days of
receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that
additional time is necessary.
d) The wage rate(including fringe benefits where appropriate)determined pursuant to this section,shall be paid to all
workers performing work in the classification under this contract from the first day on which work is performed in
the classification.
3) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit
which is not expressed as an hourly rate,the contractor shall either pay the benefit as stated in the wage determination or
shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
4) If the contractor does not make payments to a trustee or other third person,the contractor may consider as part of the
wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits
under a plan or program,Provided,That the Secretary of Labor has found,upon the written request of the contractor,that
the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set
aside in a separate account assets for the meeting of obligations under the plan or program.
5) Additional Classifications
a) The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage
determination and which is to be employed under the contract shall be classified in conformance with the wage
determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits
therefor only when the following criteria have been met:
i) The work to be performed by the classification requested is not performed by a classification in the wage
determination;and
ii) The classification is utilized in the area by the construction industry;and
iii) The proposed wage rate,including any bona fide fringe benefits,bears a reasonable relationship to the wage
rates contained in the wage determination.
b) If the contractor and the laborers and mechanics to be employed in the classification(if known),or their
representatives,and the contracting officer agree on the classification and wage rate(including the amount
designated for fringe benefits where appropriate),a report of the action taken shall be sent by the contracting officer
to the Administrator of the Wage and Hour Division,Employment Standards Administration,Washington,DC
20210. The Administrator,or an authorized representative,will approve,modify,or disapprove every additional
classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting
officer within the 30-day period that additional time is necessary.
c) In the event the contractor,the laborers or mechanics to be employed in the classification or their representatives,
and the contracting officer do not agree on the proposed classification and wage rate(including the amount
designated for fringe benefits,where appropriate),the contracting officer shall refer the questions,including the
views of all interested parties and the recommendation of the contracting officer,to the Administrator for
determination. The Administrator,or an authorized representative,will issue a determination with 30 days of receipt
and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional
time is necessary.
d) The wage rate(including fringe benefits where appropriate)determined pursuant to this section,shall be paid to all
workers performing work in the classification under this contract from the first day on which work is performed in
the classification.
6) Withholding-STA shall upon its own action or upon written request of an authorized representative of the Department of
Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the
same prime contractor,or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements,
which is held by the same prime contractor,so much of the accrued payments or advances as may be considered
necessary to pay laborers and mechanics,including apprentices,trainees,and helpers,employed by the contractor or any
subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic,
including any apprentice,trainee,or helper,employed or working on the site of the work(or under the United States
Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project),all or part of
the wages required by the contract,STA may,after written notice to the contractor,sponsor,applicant,or owner,take
Spokane Transit Authority • August 30,2016
such action as may be necessary to cause the suspension of any further payment,advance,or guarantee of funds until
such violations have ceased.
7) Payrolls and basic records
a) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and
preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work(or
under the United States Housing Act of 1937,or under the Housing Act of 1949,in the construction or development
of the project). Such records shall contain the name,address,and social security number of each such worker,his or
her correct classification,hourly rates of wages paid(including rates of contributions or costs anticipated for bona
fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(b)of the Davis-Bacon Act),
daily and weekly number of hours worked,deductions made and actual wages paid. Whenever the Secretary of
Labor has found under 29 CFR 5.5(a)(1)(iv)that the wages of any laborer or mechanic include the amount of any
costs reasonably anticipated in providing benefits under a plan or program described in section 1(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 plan or program is fmancially responsible,and that the plan or program has been communicated
in writing to the laborers or mechanics affected,and records which show the costs anticipated or the actual cost
incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall
maintain written evidence of the registration of apprenticeship programs and certification of trainee programs,the
registration of the apprentices and trainees,and the ratios and wage rates prescribed in the applicable programs.
b) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to
Spokane Transit Authority for transmission to the Federal Transit Administration. The payrolls submitted shall set
out accurately and completely all of the information required to be maintained under section 5.5(a)(3)(i)of
Regulations,29 CFR part 5.This information may be submitted in any form desired. Optional Form WH-347 is
available for this purpose and may be purchased from the Superintendent of Documents(Federal Stock Number 029-
005-00014-1),U.S.Government Printing Office,Washington,DC 20402. The prime contractor is responsible for
the submission of copies of payrolls by all subcontractors.
c) Each payroll submitted shall be accompanied by a"Statement of Compliance,"signed by the contractor or
subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and
shall certify the following:
i) That the payroll for the payroll period contains the information required to be maintained under section
5.5(a)(3)(i)of Regulations,29 CFR part 5 and that such information is correct and complete;
ii) That each laborer or mechanic(including each helper,apprentice,and trainee)employed on the contract during
the payroll period has been paid the full weekly wages earned,without rebate,either directly or indirectly,and
that no deductions have been made either directly or indirectly from the full wages earned,other than
permissible deductions as set forth in Regulations,29 CFR part 3;
iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash
equivalents for the classification of work performed,as specified in the applicable wage determination
incorporated into the contract.
d) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347
shall satisfy the requirement for submission of the"Statement of Compliance"required by this section.
e) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal
prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code.
f) The contractor or subcontractor shall make the records required under this section available for inspection,copying,
or transcription by authorized representatives of the Federal Transit Administration or the Department of Labor,and
shall permit such representatives to interview employees during working hours on the job. If the contractor or
subcontractor fails to submit the required records or to make them available,the Federal agency may,after written
notice to the contractor,sponsor,applicant,or owner,take such action as may be necessary to cause the suspension
of any further payment,advance,or guarantee of funds. Furthermore,failure to submit the required records upon
request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.
8) Apprentices and trainees—
a) Apprentices-Apprentices will be permitted to work at less than the predetermined rate for the work they performed
when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered
with the U.S.Department of Labor,Employment and Training Administration,Bureau of Apprenticeship and
Training,or with a State Apprenticeship Agency recognized by the Bureau,or if a person is employed in his or her
first 90 days of probationary employment as an apprentice in such an apprenticeship program,who is not
individually registered in the program,but who has been certified by the Bureau of Apprenticeship and Training or a
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State Apprenticeship Agency(where appropriate)to be eligible for probationary employment as an apprentice. The
allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the
ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a
payroll at an apprentice wage rate,who is not registered or otherwise employed as stated above,shall be paid not less
than the applicable wage rate on the wage determination for the classification of work actually performed. In
addition,any apprentice performing work on the job site in excess of the ratio permitted under the registered
program shall be paid not less than the applicable wage rate on the wage determination for the work actually
performed. Where a contractor is performing construction on a project in a locality other than that in which its
program is registered,the ratios and wage rates(expressed in percentages of the journeyman's hourly rate)specified
in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less
than the rate specified in the registered program for the apprentice's level of progress,expressed as a percentage of
the journeymen hourly rate specified in the applicable wage determination.Apprentices shall be paid fringe benefits
in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify
fringe benefits,apprentices must be paid the full amount of fringe benefits listed on the wage determination for the
applicable classification. If the Administrator of the Wage and Hour Division of the U.S.Department of Labor
determines that a different practice prevails for the applicable apprentice classification,•fringes shall be paid in
accordance with that determination. In the event the Bureau of Apprenticeship and Training,or a State
Apprenticeship Agency recognized by the Bureau,withdraws approval of an apprenticeship program,the contractor
will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work
performed until an acceptable program is approved.
b) Trainees-Except as provided in 29 CFR 5.16,trainees will not be permitted to work at less than the predetermined
rate for the work performed unless they are employed pursuant to and individually registered in a program which has
received prior approval,evidenced by formal certification by the U.S.Department of Labor,Employment and
Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted
under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less
than the rate specified in the approved program for the trainee's level of progress,expressed as a percentage of the
journeyman hourly rate specified in the applicable wage determination.Trainees shall be paid fringe benefits in
accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits,
trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of
the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding
journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices.
Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan
approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the
wage determination for the classification of work actually performed. In addition,any trainee performing work on
the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable
wage rate on the wage determination for the work actually performed. In the event the Employment and Training
Administration withdraws approval of a training program,the contractor will no longer be permitted to utilize
trainees at less than the applicable predetermined rate for the work performed until an acceptable program is
approved.
c) Equal employment opportunity-The utilization of apprentices,trainees and journeymen under this part shall be in
conformity with the equal employment opportunity requirements of Executive Order 11246,as amended,and 29
CFR part 30.
9) Subcontracts-The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1)
through(10)and such other clauses as the Federal Transit Administration may by appropriate instructions require,and
also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor
shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in
29 CFR 5.5.
10) Contract termination:debarment-A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the
contract,and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
11) Compliance with Davis-Bacon and Related Act requirements-All rulings and interpretations of the Davis-Bacon and
Related Acts contained in 29 CFR parts 1,3,and 5 are herein incorporated by reference in this contract.
Spokane Transit Authority August 30,2016
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12) Disputes concerning labor standards-Disputes arising out of the labor standards provisions of this contract shall not be
subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures
of the Department of Labor set forth in 29 CFR parts 5,6,and 7. Disputes within the meaning of this clause include
disputes between the contractor(or any of its subcontractors)and the contracting agency,the U.S.Department of Labor,
or the employees or their representatives.
13) Certification of eligibility
a) By entering into this contract,the contractor certifies that neither it(nor he or she)nor any person or firm who has an
interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section
3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
b) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract
by virtue of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
c) The penalty for making false statements is prescribed in the U.S.Criminal Code, 18 U.S.C.
Regulations Pursuant to The Copeland "Anti-Kickback Act"
The Contractor shall comply with the applicable regulations of the Secretary of Labor,U.S.Department of Labor,made
pursuant to the so-called"Anti-Kickback Act"of June 13, 1934,(a)Section 1 of the Copeland"Anti-Kickback"Act,as
amended, 18 U.S.C. § 874;(b)Section 2 of the Copeland"Anti-Kickback"Act,as amended,40 U.S.C. §3145,and(c)U.S.
DOL regulations,"Contractors and Subcontractors on Public Building Work Financed in Whole or in Part by Loans or Grants
from the United States,"29 C.F.R.part 3,and any amendments or modifications thereof,shall cause appropriate provisions to
be inserted in subcontracts to ensure compliance therewith by all subcontractors subject thereto,and shall be responsible for
the submission of affidavits required by subcontractors thereunder,except as said Secretary of Labor may specifically provide
for reasonable limitations,variations,tolerances,and exemptions from the requirements thereof.
Termination of the Work
Termination by Owner for Cause
A. 7 Day Notice to Terminate for Cause: Owner may,upon 7 Days written notice to Contractor and to its surety,
terminate(without prejudice to any right or remedy of Owner)the Work,or any part of it,for cause upon the
occurrence of any one or more of the following events:
(1) Contractor fails to prosecute Work: Contractor fails to prosecute the Work or any portion thereof with
sufficient diligence to ensure Substantial Completion of the Work within the Contract Time;
(2) Contractor bankrupt: Contractor is adjudged bankrupt,makes a general assignment for the benefit of its
creditors,or a receiver is appointed on account of its insolvency;
(3) Contractor fails to correct Work: Contractor fails in a material way to replace or correct Work not in
conformance with the Contract Documents;
(4) Contractor fails to supply workers or materials: Contractor repeatedly fails to supply skilled workers or
proper materials or equipment;
(5) Contractor failure to pay Subcontractors or labor: Contractor repeatedly fails to make prompt payment
due to Subcontractors or for labor;
(6) Contractor violates laws: Contractor materially disregards or fails to comply with laws,ordinances,rules,
regulations,or orders of any public authority having jurisdiction;or
(7) Contractor in material breach of Contract: Contractor is otherwise in material breach of any provision
of the Contract Documents.
B. Owner's actions upon termination: Upon termination,Owner may at its option:
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(1) Take possession of Project site: Take possession of the Project site and take possession of or use all
materials,equipment,tools,and construction equipment and machinery thereon owned by Contractor to
maintain the orderly progress of,and to fmish,the Work
(2) Accept assignment of Subcontracts: Accept assignment of subcontracts pursuant to Section 5.20;and
(3) Finish the Work: Finish the Work by whatever other reasonable method it deems expedient.
C. Surety's role: Owner's rights and duties upon termination are subject to the prior rights and duties of the surety,if
any,obligated under any bond provided in accordance with the Contract Documents.
D. Contractor's required actions: When Owner terminates the Work in accordance with this section,Contractor shall
take the actions set forth in paragraph 9.02B,and shall not be entitled to receive further payment until the Work is
accepted.
E. Contractor to pay for unfinished Work: If the unpaid balance of the Contract Sum exceeds the cost of fmishing
the Work,including compensation for A/E's services and expenses made necessary thereby and any other extra costs
or damages incurred by Owner in completing the Work,or as a result of Contractor's actions,such excess shall be
paid to Contractor. If such costs exceed the unpaid balance,Contractor shall pay the difference to Owner. These
obligations for payment shall survive termination.
F. Contractor and Surety still responsible for Work performed: Termination of the Work in accordance with this
section shall not relieve Contractor or its surety of any responsibilities for Work performed.
G. Conversion of"Termination for Cause"to"Termination for Convenience": If Owner terminates Contractor for
cause,and it is later determined that none of the circumstances set forth in paragraph 9.OlA exist,then such
termination shall be deemed a termination for convenience pursuant to Section 9.02.
Termination by Owner for Convenience
A. Owner Notice of Termination for Convenience: Owner may,upon written notice,terminate(without prejudice to
any right or remedy of Owner)the Work,or any part of it,for the convenience of Owner.
B. Contractor response to termination Notice: Unless Owner directs otherwise,after receipt of a written notice of
termination for either cause or convenience,Contractor shall promptly:
(1) Cease Work: Stop performing Work on the date and as specified in the notice of termination;
(2) No further orders or Subcontracts: Place no further orders or subcontracts for materials,equipment,
services or facilities,except as may be necessary for completion of such portion of the Work as is not
terminated;
(3) Cancel orders and Subcontracts: Cancel all orders and subcontracts,upon terms acceptable to Owner,to
the extent that they relate to the performance of Work terminated;
(4) Assign orders and Subcontracts to Owner: Assign to Owner all of the right,title,and interest of
Contractor in all orders and subcontracts;
(5) Take action to protect the Work: Take such action as may be necessary or as directed by Owner to
preserve and protect the Work,Project site,and any other property related to this Project in the possession
of Contractor in which Owner has an interest;and
(6) Continue performance not terminated: Continue performance only to the extent not terminated.
(7) Owner's Property_ If the Contractor has any property in its possession belonging to STA,the Contractor
will account for the same,and return it to STA or dispose of it in the manner STA directs.
C. Terms of adjustment in Contract Sum if Contract Terminated: If Owner terminates the Work or any portion
thereof for convenience,Contractor shall be entitled to make a request for an equitable adjustment for its reasonable
direct costs incurred prior to the effective date of the termination,plus a reasonable allowance for overhead and
Spokane Transit Authority August 30,2016
•
profit on Work performed prior to termination,plus the reasonable administrative costs of the termination,but shall
not be entitled to any other costs or damages,whatsoever,provided however,the total sum payable upon termination
shall not exceed the Contract Sum reduced by prior payments. Contractor shall be required to make its request in
accordance with the provisions of Part 7.
D. Owner to determine whether to adjust Contract Time: If Owner terminates the Work or any portion thereof for
convenience,the Contract Time shall be adjusted as determined by Owner.
Special EEO Provision for Construction Contracts
NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY(EXECUTIVE ORDER
11246)
1.The Offeror's or Bidder's attention is called to the"Equal Opportunity Clause"and the"Standard Federal Equal
Employment Specifications"set forth herein.
2.The goals and timetables for minority and female participation,expressed in percentage terms for the Contractor's
aggregate workforce in each trade on all construction work in the covered area,are as follows:
Time-tables Goals for minority participation for each trade Goals for female participation in each trade
Until further notice 2.9 6.9
These goals are applicable to all the Contractor's construction work(whether or not it is Federal or federally assisted)
performed in the covered area.If the contractor performs construction work in a geographical area located outside of the
covered area,it shall apply the goals established for such geographical area where the work is actually performed.With
regard to this second area,the contractor also is subject to the goals for both its federally involved and nonfederally involved
construction.
The Contractor's compliance with the Executive Order and the regulations in 41 CFR part 60-4 shall be based on its
implementation of the Equal Opportunity Clause,specific affirmative action obligations required by the specifications set
forth in 41 CFR 60-4.3(a),and its efforts to meet the goals.The hours of minority and female employment and training must
be substantially uniform throughout the length of the contract,and in each trade,and the contractor shall make a good faith
effort to employ minorities and women evenly on each of its projects.The transfer of minority or female employees or
trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall
be a violation of the contract,the Executive Order and the regulations in 41 CFR part 60-4.Compliance with the goals will be
measured against the total work hours performed.
3.The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs
within 10 working days of award of any construction subcontract in excess of$10,000 at any tier for construction work under
the contract resulting from this solicitation.The notification shall list the name,address and telephone number of the
subcontractor;employer identification number of the subcontractor;estimated dollar amount of the subcontract;estimated
starting and completion dates of the subcontract;and the geographical area in which the subcontract is to be performed.
• 4.As used in this Notice,and in the contract resulting from this solicitation,the"covered area"is(insert description of the
geographical areas where the contract is to be performed giving the state,county and city,if any).
STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS(EXECUTIVE ORDER
11246)
1.As used in these specifications:
a."Covered area"means the geographical area described in the solicitation from which this contract resulted;
b.`Director"means Director,Office of Federal Contract Compliance Programs,United States Department of Labor,
or any person to whom the Director delegates authority;
c."Employer identification number"means the Federal Social Security number used on the Employer's Quarterly
Federal Tax Return,U.S.Treasury Department Form 941.
d."Minority"includes:
(i)Black(all persons having origins in any of the Black African racial groups not of Hispanic origin);
(ii)Hispanic(all persons of Mexican,Puerto Rican,Cuban,Central or South American or other Spanish
Culture or origin,regardless of race);
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(iii)Asian and Pacific Islander(all persons having origins in any of the original peoples of the Far East,
Southeast Asia,the Indian Subcontinent,or the Pacific Islands);and
(iv)American Indian or Alaskan Native(all persons having origins in any of the original peoples of North
America and maintaining identifiable tribal affiliations through membership and participation or community
identification).
2.Whenever the Contractor,or any Subcontractor at any tier,subcontracts a portion of the work involving any construction
trade,it shall physically include in each subcontract in excess of$10,000 the provisions of these specifications and the Notice
which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which
this contract resulted.
3.If the Contractor is participating(pursuant to 41 CFR 60-4.5)in a Hometown Plan approved by the U.S.Department of
Labor in the covered area either individually or through an association,its affirmative action obligations on all work in the
Plan area(including goals and timetables)shall be in accordance with that Plan for those trades which have unions
participating in the Plan.Contractors must be able to demonstrate their participation in and compliance with the provisions of
any such Hometown Plan.Each Contractor or Subcontractor participating,in an approved Plan is individually required to
comply with its obligations under the EEO clause,and to make a good faith effort to achieve each goal under the Plan in each
trade in which it has employees.The overall good faith performance by other Contractors or Subcontractors toward a goal in
an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the
Plan goals and timetables.
4.The Contractor shall implement the specific affirmative action standards provided in paragraphs 7 a through p of these
specifications.The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total
hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in
each construction trade in which it has employees in the covered area.Covered Construction contractors performing
construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall
apply the minority and female goals established for the geographical area where the work is being performed.Goals are
published periodically in the FEDERAL REGISTER in notice form,and such notices may be obtained from any Office of Federal
Contract Compliance Programs office or from Federal procurement contracting officers.The Contractor is expected to make
substantially uniform progress in meeting its goals in each craft during the period specified.
5.Neither the provisions of any collective bargaining agreement,nor the failure by a union with whom the Contractor has a
collective bargaining agreement,to refer either minorities or women shall excuse the Contractor's obligations under these
specifications,Executive Order 11246,or the regulations promulgated pursuant thereto.
6.In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals,such apprentices
and trainees must be employed by the Contractor during the training period, and the Contractor must have made a
commitment to employ the apprentices and trainees at the completion of their training,subject to the availability of
employment opportunities.Trainees must be trained pursuant to training programs approved by the U.S.Department of
Labor.
7.The Contractor shall take specific affirmative actions to ensure equal employment opportunity.The evaluation of the
Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions.
The Contractor shall document these efforts fully,and shall implement affirmative action steps at least as extensive as the
following:
a.Ensure and maintain a working environment free of harassment,intimidation,and coercion at all sites,and in all
facilities at which the Contractor's employees are assigned to work.The Contractor,where possible,will assign two or
more women to each construction project.The Contractor shall specifically ensure that all foremen,superintendents,
and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a
working environment,with specific attention to minority or female individuals working at such sites or in such facilities.
b.Establish and maintain a current list of minority and female recruitment sources,provide written notification to
minority and female recruitment sources and to community organizations when the Contractor or its unions have
employment opportunities available,and maintain a record of the organizations'responses.
c.Maintain a current file of the names,addresses and telephone numbers of each minority and female off-the-street
applicant and minority or female referral from a union,a recruitment source or community organization and of what
action was taken with respect to each such individual.If such individual was sent to the union hiring hall for referral and
was not referred back to the Contractor by the union or,if referred,not employed by the Contractor,this shall be
documented in the file with the reason therefor,along with whatever additional actions the Contractor may have taken.
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d.Provide immediate written notification to the Director when the union or unions with which the Contractor has a
collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor,
or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to
meet its obligations.
e.Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include
minorities and women,including upgrading programs and apprenticeship and trainee programs relevant to the
Contractor's employment needs,especially those programs funded or approved by the Department of Labor.The
Contractor shall provide notice of these programs to the sources compiled under 7b above. •
f.Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and
requesting their cooperation in assisting the Contractor in meeting its EEO obligations;by including it in any policy
manual and collective bargaining agreement;by publicizing it in the company newspaper,annual report,etc.;by
specific review of the policy with all management personnel and with all minority and female employees at least once a
year;and by posting the company EEO policy on bulletin boards accessible to all employees at each location where
construction work is performed.
g.Review,at least annually,the company's EEO policy and affirmative action obligations under these specifications
with all employees having any responsibility for hiring,assignment,layoff,termination or other employment decisions
including specific review of these items with onsite supervisory personnel such as Superintendents,General Foremen,
etc.,prior to the initiation of construction work at any job site.A written record shall be made and maintained
identifying the time and place of these meetings,persons attending,subject matter discussed,and disposition of the
subject matter.
h.Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media,specifically
including minority and female news media,and providing written notification to and discussing the Contractor's EEO
policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business.
i.Direct its recruitment efforts,both oral and written,to minority,female and community organizations,to schools with
minority and female students and to minority and female recruitment and training organizations serving the Contractor's
recruitment area and employment needs.Not later than one month prior to the date for the acceptance of applications
for apprenticeship or other training by any recruitment source,the Contractor shall send written notification to
organizations such as the above,describing the openings,screening procedures,and tests to be used in the selection
process.
j.Encourage present minority and female employees to recruit other minority persons and women and,where
reasonable,provide after school,summer and vacation employment to minority and female youth both on the site and in
other areas of a Contractor's work force.
k.Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR part 60-3.
1.Conduct,at least annually,an inventory and evaluation at least of all minority and female personnel for promotional
opportunities and encourage these employees to seek or to prepare for,through appropriate training,etc.,such
opportunities.
m.Ensure that seniority practices,job classifications,work assignments and other personnel practices,do not have a
discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO
policy and the Contractor's obligations under these specifications are being carried out.
n.Ensure that all facilities and company activities are nonsegregated except that separate or single-user toilet and
necessary changing facilities shall be provided to assure privacy between the sexes.
o.Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction
contractors and suppliers,including circulation of solicitations to minority and female contractor associations and other
business associations.
p.Conduct a review,at least annually,of all supervisors'adherence to and performance under the Contractor's EEO
policies and affirmative action obligations.
8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative
action obligations(7a through p).The efforts of a contractor association,joint contractor-union,contractor-community,or
other similar group of which the contractor is a member and participant,may be asserted as fulfilling any one or more of its
obligations under 7a through p of these Specifications provided that the contractor actively participates in the group,makes
every effort to assure that the group has a positive impact on the employment of minorities and women in the industry,ensures
Spokane Transit Authority August 30,2016
that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation,makes
a good faith effort to meet its individual goals and timetables,and can provide access to documentation which demonstrates
the effectiveness of actions taken on behalf of the Contractor.The obligation to comply,however,is the Contractor's and
failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance.
9.A single goal for minorities and a separate single goal for women have been established.The Contractor,however,is
required to provide equal employment opportunity and to take affirmative action for all minority groups,both male and
female,and all women,both minority and non-minority.Consequently,the Contractor may be in violation of the Executive
Order if a particular group is employed in a substantially disparate manner(for example,even though the Contractor has
achieved its goals for women generally,the Contractor may be in violation of the Executive Order if a specific minority group
of women is underutilized).
10.The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person
because of race,color,religion,sex,sexual orientation,gender identity,or national origin.
11.The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant
to Executive Order 11246.
12.The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal
Opportunity Clause,including suspension,termination and cancellation of existing subcontracts as may be imposed or
ordered pursuant to Executive Order 11246,as amended,and its implementing regulations,by the Office of Federal Contract
Compliance Programs.Any Contractor who fails to cany out such sanctions and penalties shall be in violation of these
specifications and Executive Order 11246,as amended.
13.The Contractor,in fulfilling its obligations under these specifications,shall implement specific affirmative action steps,at
Ieast as extensive as those standards prescribed in paragraph 7 of these specifications,so as to achieve maximum results from
its efforts to ensure equal employment opportunity.If the Contractor fails to comply with the requirements of the Executive
Order,the implementing regulations,or these specifications,the Director shall proceed in accordance with 41 CFR 60-4.8.
14.The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company
EEO policy is being carried out,to submit reports relating to the provisions hereof as may be required by the Government and
to keep records.Records shall at least include for each employee the name,address,telephone numbers,construction trade,
union affiliation if any,employee identification number when assigned,social security number,race,sex,status(e.g.,
mechanic,apprentice trainee,helper,or laborer),dates of changes in status,hours worked per week in the indicated trade,rate
of pay,and locations at which the work was performed.Records shall be maintained in an easily understandable and
retrievable form;however,to the degree that existing records satisfy this requirement,contractors shall not be required to
maintain separate records.
15.Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different
standards of compliance or upon the application of requirements for the hiring of local or other area residents(e.g.,those
under the Public Works Employment Act of 1977 and the Community Development Block Grant Program).
(b)The notice set forth in 41 CFR 60-4.2 and the specifications set forth in 41 CFR 60-4.3 replace the New Form for
Federal Equal Employment Opportunity Bid Conditions for Federal and Federally Assisted Construction published
at 41 FR 32482 and commonly known as the Model Federal EEO Bid Conditions,and the New Form shall not be
used after the regulations in 41 CFR part 60-4 become effective.
Recycled Products/Recovered Materials
CONTRACTOR agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act
(RCRA),as amended(42 U.S.C.6962),including but not limited to the regulatory provisions of 40 CFR Part 247,and
Executive Order 12873,as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247.
Section 4: Clause for contracts over$25,000
Suspension and Debarment
This contract is a covered transaction for purposes of 2 CFR Parts 1200 and 180. As such,the CONTRACTOR is required to
comply with 2 CFR Part 180,Subpart C and must include the requirement to comply with 2 CFR Part 180,Subpart C in any
lower tier covered transaction it enters into. By signing and submitting its bid or proposal,the bidder or proposer certifies as
follows:
The certification in this clause is a material representation of fact relied upon by Spokane Transit Authority. If it is later
determined that the bidder or proposer knowingly rendered an erroneous certification,in addition to remedies available to
Spokane Transit Authority August 30,2016
Spokane Transit Authority,the Federal Government may pursue available remedies,including but not limited to suspension
and/or debarment. The bidder or proposer agrees to comply with the requirements of 2 CFR Part 180,Subpart C while this
offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees
to include a provision requiring such compliance in its lower tier covered transactions.
Section 5:Clauses for contracts over$100,000
Buy America Requirements
If applicable,CONTRACTOR shall complete and submit a declaration certifying either compliance or noncompliance with
Buy America.CONTRACTOR agrees to comply with 49 U.S.C.5323(j)and 49 CFR Part 661,which provide that Federal
funds may not be obligated unless steel,iron,and manufactured products used in FTA-funded projects are produced in the
United States,unless a waiver has been granted by FTA or the product is subject to a general waiver.General waivers are
listed in 49 CFR 661.7,and include fmal assembly in the United States for 15 passenger vans and wagons produced by
Chrysler Corporation,microcomputer equipment,software,and small purchases(currently less than$100,000)made with
capital,operating,or planning funds.
Claims and Dispute Resolution
CLAIMS
A. A Claim is Contractor's remedy: If the parties fail to reach agreement on the terms of any Change Order for
Owner-directed Work as provided in Section 7.01,on the resolution of any request for an equitable adjustment in the
Contract Sum as provided in Section 7.02,the Contract Time as provided in Section 7.03,or any dispute
interpretation of the parties respective obligations and duties under the Contract documents Contractor's only remedy
shall be to file a Claim with Owner as provided in this section.
B. Claim filing deadline for Contractor: Contractor shall file its Claim within 120 Days from Owner's fmal offer
made in accordance with Section 7.01E or by the date of Final Acceptance,whichever occurs first.
C. Claim must cover all costs and be documented: The Claim shall be deemed to cover all changes in cost and time
(including direct,indirect,impact,and consequential)to which Contractor may be entitled. It shall be fully
substantiated and documented. At a minimum,the Claim shall contain the following information:
(1) Factual statement of Claim: A detailed factual statement of the Claim for additional compensation and
time,if any,providing all necessary dates,locations,and items of Work affected by the Claim.
(2) Dates: The date on which facts arose that gave rise to the claim.
(3) Owner and A/E employee's knowledgeable about Claim: The name of each employee of Owner or A/E
knowledgeable about the Claim;
(4) Support from Contract Documents: The specific provisions of the Contract Documents which support
the Claim;
(5) Identification of other supporting information: The identification of any documents and the substance
of any oral communications that support the Claim;
(6) Copies of supporting documentation: Copies of any identified documents,other than the Contract
Documents,that support the Claim;
(7) Details on Claim for Contract Time: If an adjustment in the Contract Time is sought: the specific days
and dates for which it is sought;the specific reasons Contractor believes an extension in the Contract Time
should be granted;and Contractor's analysis of its Progress Schedule to demonstrate the reason for the
extension in Contract Time;
(8) Details on Claim:for adjustment of Contract Sum: If an adjustment in the Contract Sum is sought,the
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exact amount sought and a breakdown of that amount into the categories set forth in,and in the detail as
required by Section 7.02;and
(9) Statement certifying Claim: A statement certifying,under penalty of perjury,that the Claim is made in
good faith,that the supporting cost and pricing data are true and accurate to the best of Contractor's
knowledge and belief,that the Claim is fully supported by the accompanying data,and that the amount
requested accurately reflects the adjustment in the Contract Sum or Contract Time for which Contractor
believes Owner is liable.
D. Owner's Contracting Officer's response to Claim filed: After Contractor has submitted a fully documented
Claim that complies with all applicable provisions of Parts 7 and 8,Owner's Contracting Officer shall respond,in
writing,to Contractor as follows:
(1) Response time for Claim less than$50,000: lithe Claim amount is less than$50,000,with a decision
within 60 Days from the date the Claim is received;or
(2) Response time for Claim of$50,000 or more: If the Claim amount is$50,000 or more,with a decision
within 60 Days from the date the Claim is received,or with notice to Contractor of the date by which it will
render its decision. Owner will then respond with a written decision in such additional time.
E. Contracting Officer's review of Claim and finality of decision: To assist in the review of Contractor's Claim,
Owner's Contracting Officer may visit the Project site,or request additional information,in order to fully evaluate
the issues raised by the Claim. Contractor shall proceed with performance of the Work pending fmal resolution of
any Claim. Owner's Contracting Officer's written decision as set forth above shall be final and conclusive as to all
matters set forth in the Claim,unless Contractor follows the procedure set forth in Section 8.02.
F. Waiver of Contractor rights for failure to comply with this Section: Any Claim of the Contractor against the
Owner for damages,additional compensation,or additional time,shall be conclusively deemed to have been waived
by the Contractor unless made in accordance with the requirements of this Section.
G. Finality of Owner's Contracting Officer's Decision: This decision shall be fmal and conclusive unless within ten
(10)calendar days from the date of receipt of its copy,the Contractor mails or otherwise furnishes a written appeal to
the Chief Executive Officer("CEO")of STA. STA CEO review of the Contracting Officer's decision is limited to a
review and decision issued on the same record presented to the Contracting Officer.
H. Appeal procedure: In connection with appeal to CEO,the Contractor shall be afforded an opportunity to be heard
and to offer evidence in support of its position. Pending final decision of a dispute hereunder,the Contractor shall
proceed diligently with the performance of this Contract while matters in dispute are being resolved. The fmal
decision of the CEO shall be binding upon the Contractor and the Contractor shall abide by the decision. The only
available review is by an arbitrator as provided below and the applicable standard of review is whether the CEO's
decision was arbitrary and capricious.
ARBITRATION
A. Timing of Contractor's demand for review of CEO's decision by third-party neutral(arbitration): If
Contractor disagrees with STA's CEO's decision rendered in accordance with paragraph H above,Contractor shall
provide Owner with a written demand for review by a third-party neutral(arbitration). No demand for arbitration of
any such Claim shall be made later than 30 Days after the date of the CEO's decision on such Claim;failure to
demand arbitration within said 30 Days period shall result in the CEO's decision being fmal and binding upon
Contractor and its Subcontractors.
B. Selection of the third-party neutral(Arbitrator): The parties shall mutually select a third-party neutral to review
the parties'claims within the confines of the decision issued by the CEO. If the parties are unable to mutually select
a third-party neutral,they shall each appoint a neutral and the two appointed neutrals shall agree to the appointment
of the third-party neutral who will preside over the matter.
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C. Standard of review: The arbitrator's review shall be limited to determining whether the CEO acted arbitrarily and
capriciously in issuing its decision. Decisions issued under the Administrative Procedures Act may guide the
arbitrator in determining whether the CEO acted arbitrarily and capriciously.
D. Costs of Arbitration: The costs of arbitration will be borne by the party against whom judgment is issued. To the
extent neither party substantially prevails at arbitration,the parties will split equally the costs associated with the
arbitration.
E. Arbitration is forum for resolving Claims other than those identified under Part 8 above: All Claims arising
out of the Work shall be resolved by arbitration. The judgment upon the arbitration award may be entered,or review
of the award may occur,in the superior court having jurisdiction thereof. No independent legal action relating to or
arising from the Work shall be maintained.
F. Owner may combine Claims into same arbitration: Claims between Owner and Contractor,Contractor and its
Subcontractors,Contractor and A/E,and Owner and A/E shall,upon demand by Owner,be submitted in the same
arbitration or mediation.
G. Settlement outside of arbitration to be documented in Change Order: If the parties resolve the Claim prior to
arbitration judgment,the terms of the resolution shall be incorporated in a Change Order. The Change Order shall
constitute full payment and final settlement of the Claim,including all claims for time and for direct,indirect,or
consequential costs,including costs of delays,inconvenience,disruption of schedule,or loss of efficiency or
productivity.
CLAIMS AUDITS
A. Owner may audit Claims: All Claims filed against Owner shall be subject to audit at any time following the filing
of the Claim. Failure of Contractor,or Subcontractors of any tier,to maintain and retain sufficient records to allow
Owner to verify all or a portion of the Claim or to permit Owner access to the books and records of Contractor,or
Subcontractors of any tier,shall constitute a waiver of the Claim and shall bar any recovery.
B. Contractor to make documents available: In support of Owner audit of any Claim,Contractor shall,upon request,
promptly make available to Owner the following documents:
(1) Daily time sheets and supervisor's daily reports;
(2) Collective bargaining agreements;
(3) Insurance,welfare,and benefits records;
(4) Payroll registers;
(5) Earnings records;
(6) Payroll tax forms;
(7) Material invoices,requisitions,and delivery confirmations;
(8) Material cost distribution worksheet;
(9) Equipment records(list of company equipment,rates,etc.);
(10)Vendors',rental agencies',Subcontractors',and agents' invoices;
(11)Contracts between Contractor and each of its Subcontractors,and all lower-tier Subcontractor contracts and
supplier contracts;
(12)Subcontractors' and agents'payment certificates;
(13)Cancelled checks(payroll and vendors);
(14)Job cost report,including monthly totals;
(15)Job payroll ledger;
(16)Planned resource loading schedules and summaries;
(17)General ledger;
(18)Cash disbursements journal;
(19)Financial statements for all years reflecting the operations on the Work. In addition,the Owner may
require,if it deems it appropriate,additional financial statements for 3 years preceding execution of the
Work;
(20)Depreciation records on all company equipment whether these records are maintained by the company
involved,its accountant,or others;
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(21)If a source other than depreciation records is used to develop costs for Contractor's internal purposes in
establishing the actual cost of owning and operating equipment,all such other source documents;
(22)All nonprivileged documents which relate to each and every Claim together with all documents which
support the amount of any adjustment in Contract Sum or Contract Time sought by each Claim;
(23)Work sheets or software used to prepare the Claim establishing the cost components for items of the Claim
including but not limited to labor,benefits and insurance,materials,equipment,Subcontractors,all
documents which establish the time periods,individuals involved,the hours for the individuals,and the
rates for the individuals;and
(24)Work sheets,software,and all other documents used by Contractor to prepare its bid.
C. Contractor to provide facilities for audit and shall cooperate: The audit may be performed by employees of
Owner or a representative of Owner. Contractor,and its Subcontractors,shall provide adequate facilities acceptable
to Owner,for the audit during normal business hours. Contractor,and all Subcontractors,shall make a good faith
effort to cooperate with Owner's auditors.
Lobbying •
Contractors shall provide the certification required by 49 CFR part 20,"New Restrictions on Lobbying"in its bid or proposal.
Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any agency,a member of Congress,officer
or employee of Congress,or an employee of a member of Congress in connection with obtaining any Federal contract,grant
or any other award covered by 31 U.S.C. 1352.Each tier shall also disclose any lobbying with non-Federal funds that takes
place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to STA.
Clean Air and Water Requirements
CONTRACTOR agrees to comply with all applicable standards,orders,or requirements issued under Section 306 of the
Clean Air Act(42 USC 1857(h)), Section 508 of the Clean Water Act(33 USC 1368),Executive Order 11738,and
environmental Protection Agency regulations(40 CFR,Part 15)which prohibit the use of nonexempt federal Agreements,
grants or loans,of facilities included on the EPA List for Violating Facilities.CONTRACTOR agrees to report each violation
to STA and understands and agrees that STA will,in turn,report each violation as required to assure notification to FTA and
the appropriate EPA Regional Office.CONTRACTOR also agrees to include these requirements in each subcontract
exceeding$100,000 fmanced in whole or in part with Federal assistance provided by FTA.
Contract Work Hours&Safety Standards Act
1) Overtime Requirements.No Company or sub-agreement or contracting for any part of the Agreement work which may
require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any
work week in which they are employed on such work to work in excess of forty hours per week unless such laborer or
mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked
in excess of forty hours in such work week.
2) Liability for Unpaid Wages and Liquidated Damages.In the event of any violation of the clause set forth in subparagraph
(b)(1)of 29 CFR Section 5.5,CONTRACTOR and any sub-agreement or responsible therefore shall be liable for the
unpaid wages and applicable liquidated damages.Such liquidated damages shall be computed with respect to each
individual laborer or mechanic,including watchmen and guards,employed in violation of the clause set forth in
subparagraph(b)(1)of 29 CFR Section 5.5 in the sum of$10 each for each calendar day on which such individual was
required or permitted to work in excess of eight hours or in excess of the standard work week of forty hours without
payment of the overtime wages required by the clause set forth in subparagraph(b)(1)of 29 CFR Section 5.5.
3) Withholding for Unpaid Wages and Liquidated Damages.The U.S.Department of Transportation(DOT)or STA shall,
upon its own action or upon written request of an authorized representative of the DOT,withhold or cause to be withheld,
from any monies payable on account of work performed by CONTRACTOR or sub-contractor under this Agreement or
any other federally-assisted Agreement subject to the Agreement Work Hours and Safety Standards Act,which is held by
the same prime Contractor,such sums as maybe determined to be necessary to satisfy any liabilities of such Company or
subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph(b)(2)of 29
CFR Section 5.5.
4) Subcontracts.CONTRACTOR or subcontractor shall insert in any subcontract the clauses set forth in subparagraphs A
through E of this section,and also a clause requiring the subcontractors to include these clauses in any lower tier
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subcontracts.CONTRACTOR shall be responsible for compliance by any subcontractor or lower tier subcontractor with
the clauses set forth in subparagraphs A through E of this section.
Performance and Payment Bonding Requirements(Construction)
1. The Contractor shall be required to obtain performance and payment bonds as follows:
a. Performance bonds
i. The penal amount of performance bonds shall be 100 percent of the original contract price.
b. Payment bonds
i. The penal amount of the payment bonds shall equal:
1. Fifty percent of the contract price if the contract price is not more than$1 million.
2. Forty percent of the contract price if the contract price is more than$1 million but not
more than$5 million;or
3. Two and one half million if the contract price is more than$5 million.
c. If the original contract price is$5 million or less,the(Recipient)may require additional protection as
required by subparagraph 1 if the contract price is increased.
ADA
STA and contractors are required to comply with all applicable requirements of the Americans with Disabilities Act of 1990
(ADA),42 U.S.C. §§ 12101 et seq.and 49 U.S.C. § 322;Section 504 of the Rehabilitation Act of 1973,as amended,29
U.S.C. §794;Section 16 of the Federal Transit Act,as amended,49 U.S.C.app. § 1612;and the following regulations and
any amendments thereto:
1) U.S.DOT regulations, "Transportation Services for Individuals with Disabilities(ADA)",49 C.F.R.Part 37;
2) U.S.DOT regulations, "Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting
from Federal Financial Assistance",49 C.F.R.Part 27;
3) U.S.DOT regulations, "Americans With Disabilities(ADA)Accessibility Specifications for Transportation Vehicles",49
C.F.R.Part 38;
4) Department of Justice(DOJ)regulations,"Nondiscrimination on the Basis of Disability in State and Local Government
Services",28 C.F.R.Part 35;
5) DOJ regulations, "Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial
Facilities",28 C.F.R.Part 36;
6) General Services Administration regulations, "Construction and Alteration of Public Buildings", "Accommodations for
the Physically Handicapped",41 C.F.R.Part 101-19;
7) Equal Employment Opportunity Commission(EEOC)"Regulations to Implement the Equal Employment Provisions of
the Americans with Disabilities Act",29 C.F.R.Part 1630;
8) Federal Communications Commission regulations,"Telecommunications Relay Services and Related Customer Premises
Equipment for the Hearing and Speech Disabled",47 C.F.R.Part 64, Subpart F;and
9) FTA regulations,"Transportation for Elderly and Handicapped Persons",49 C.F.R.Part 609
Labor Provisions—Nonconstruction Contracts
A. Overtime Requirements. No Contractor or subcontractor contracting for any part of the contract work which may
require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in
any work week in which they are employed on such work to work in excess of forty hours per week unless such
laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all
hours worked in excess of forty hours in such work week.
B. Liability for Unpaid Wages and Liquidated Damages. In the event of any violation of the clause set forth in
subparagraph(b)(1) of 29 CFR § 5.5, the Contractor and any subcontractor responsible therefore shall be liable for
Spokane Transit Authority August 30,2016
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the unpaid wages and applicable liquidated damages. Such liquidated damages shall be computed with respect to
each individual laborer or mechanic,including watchmen and guards,employed in violation of the clause set forth in
subparagraph (b)(1) of 29 CFR § 5.5 in the sum of$10 each for each calendar day on which such individual was
required or permitted to work in excess of eight hours or in excess of the standard work week of forty hours without
payment of the overtime wages required by the clause set forth in subparagraph(b)(1)of 29 CFR§5.5.
C. Withholding for Unpaid Wages and Liquidated Damages. The U.S. Department of Transportation (DOT) or STA
shall,upon its own action or upon written request of an authorized representative of the DOT,withhold or cause to
be withheld, from any monies payable on account of work performed by the Contractor or subcontractor under this
contract or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act,which
is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of
such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in
subparagraph(b)(2)of 29 CFR§5.5.
D. Nonconstruction Grants. The Contractor or subcontractor shall maintain payrolls and basic payroll records during
the course of the work and shall preserve them for a period of three years from the completion of the contract for all
laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the
name and address of each such employee, social security number,correct classifications,hourly rates of wages paid,
daily and weekly number of hours worked,deductions made,and actual wages paid.
E. Subcontracts. The Contractor or subcontractor shall insert in any subcontract the clauses set forth in subparagraphs
A through E of this section, and also a clause requiring the subcontractors to include these clauses in any lower tier
subcontracts. The Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in subparagraphs A through E of this section.
Conflict of Interest
No employee,officer,or agent of STA shall participate in selection,or in the award or administration of a contract if
a conflict of interest,real or apparent,would be involved. Such a conflict would arise when:
a. the employee,officer,or agent;
b. any member of his immediate family;
c. his or her partner;or
d. an organization which employs,or is about to employ an employee,officer,or agent of STA has a financial
or other interest in the firm,Contractor or subcontractor selected for award.
Employee Solicitation
Vendor, without the consent of STA, shall not directly or indirectly solicit, influence, entice or hire or attempt to
solicit,influence,entice or hire any employee of STA to: (a)cease employment with STA;or(b)do business related
to a business connected with the Vendor's business during this Agreement and for a period of three(3)years from
the date on which the Agreement terminates,or the work is accepted by STA,whichever is earlier. STA's employee
shall be deemed to be related to or connected with a Vendor if such STA employee becomes (a) a partner in a
general or limited partnership or employee of a partnership, (b) a shareholder, officer, employee or director of a
corporation, member, consultant or agent for the Vendor or any of Vendor's affiliates, subsidiaries or connected
business. This subparagraph shall survive the termination of this Agreement. This Agreement is not restricted to any
geographical area.
Vendor recognizes and acknowledges that STA's employees may receive training and other benefits from the
contractual relationship with STA because of STA's assignment of employees to work in connection with Vendor's
contract. Vendor agrees the restrictions on soliciting,influencing,enticing or hiring STA employees are reasonable.
Spokane Transit Authority August 30,2016
Drug and Alcohol Abuse
The CONTRACTOR agrees to establish and implement a drug and alcohol testing program that complies with 49 C.F.R.
Part 655, produce any documentation necessary to establish its compliance with Part 655, and permit any authorized
representative of the United States Department of Transportation or its operating administrations and STA to inspect the
facilities and records associated with the implementation of the drug and alcohol testing program as required under 49
C.F.R. Part 655 and review the testing process. The CONTRACTOR agrees further to submit annually the Management
Information System(MIS)reports to STA by February 28th each year for the useful life of the Project Equipment.
Privacy Act
The SUBRECIPIENT agrees to comply with, and assures the compliance of its employees with, the information
restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. Among other things, the
Contractor agrees to obtain the express consent of the Federal Government before the SUBRECIPIENT or its employees
operate a system of records on behalf of the Federal Government.The SUBRECIPIENT understands that the requirements
of the Privacy Act, including the civil and criminal penalties for violation of that Act,apply to those individuals involved,
and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract.
The SUBRECIPIENT also agrees to include these requirements in each subcontract to administer any system of records
on behalf of the Federal Government fmanced in whole or in part with Federal assistance provided by FTA.
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