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Signed Contract_Snow Removal - Skyline Construction Copyrighted January 6, 2020 City of Dubuque Consent Items # 23. ITEM TITLE: Signed Contracts SUMMARY: Snow removal contracts with Dan Arensdorf Construction, Hamel Parking Lot Service, Skyline Construction, and Steffen's Lawn and Snow Service. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File ATTACHMENTS: Description Type Dan Arensdorf Snow Removal Contract Supporting Documentation Hamel Parking Service Snow Removal Contract Supporting Documentation Skyline Construction Snow Removal Contract Supporting Documentation Steffen's Lawn and Snow Service Snow Removal Supporting Documentation Contract aubuque � THE CITY OF ' All•America City � �„��,r � � � � � r � 2007*Z012#2013 � 1`�1�st��pzece �n th� 1`✓.��s�sszppi Z�i��olg � �, 'i � TO: Michael C. Van Milligen, City Manager i� '`�� '� 'l �� FROM: Renee Tyler, Director of Transportation Services�` � �. �,� SUBJECT: Snow Removal Contracts � � DAT�� ec�mber 17, 2(�19 '�i � � � � Attached for your consideration and approval are the following four(4) contracts for " snow removal for the Transportation Services Department regarding the 2019-2020 �'� season: I�'� 1. � Skyline Construction � � �i 2. Dan ArensdorF Construction �l 3. Hammel Parking Lot Service 4. Steffens Lawn and Snow Services � I� An RFP process was used. The four vendors bid, awards were based on the best price � �, for services. ;� ,� If these meet your approval, I would appreciate it if you would please sign the four(4) � contracts and return the original signed contracts to me for processing. � s Thank you. � cc: Jenifer Larson, Finance Director Justin Harris-Davis, Transportation Operations Supervisor Russell Stecklein, Transportation Services Field Supervisor CONTRACT DOCUMENTS �� NOTICE TO PROCEED � �� a TO: Skyline Construction ISSUE DATE: 11/19/2019 � 165 Westside Court ;4 Dubuque, IA 52003 COMMENCEMENT DATE: 1�/19I2019 � � ij PROJECT: � � Dear Mark Arthofer: !!I ;� �,, �; You are hereby notified to commence the work on the Project, on or before the commencement date, i; in accordance with the Contract Documents. The Contract Time shall begin to run on the il commencement date -OR- working days will be charged beginning with the commencement date or � on the day work begins, whichever is earlier. ,I You are required to return an acknowledged copy of this Notice to Proceed to the City. !i i� CITY OF DUBU�. �E;I�� A �I By: �� (Signature) � Renee Tyler � � � (Name) '! 4' � Director of Transportation Services � I�, (Title) Ij � �, ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this �.-� day of November, 2019. PRINCIPAL: Skyline Construction (Contractor) �,,,.- ' By: �-��.�� (Signature) Mark J Arkhofer �-��1.-�� °��` _ (Name) President �� ee.� �� (Title) � � � � � 6 s � ...._.. a�-��Crs'�r o� _s City of Dubuque �,,,� �'',, Transportation Services Department i 949 Kerper Blvd '' t1.�cr�t�rpi�ce o�� t}�M�is�issip�ri Dubuque, IA 52001 � (563) 589-4198 I� i SHORT FORM SERVICE AGREEMENT � ; � THIS SERVICE AGREEMENT (the Contract), made in triplicate, between the City of Dubuque, ' lowa (City), by its City Manager, through authority conferred upon the City Manager by its City �! Council and Skyline Construction (Contractor) of the City of Dubuque, lowa. �i a . � � PROJECT T1TLE: Project Name: Snow Rernoval at City Properties � Service Locations and Service Type(s): i 5th Street Parking Ramp Central Avenue Parking Ramp Five Flags Parking Ramp Intermodal Parking Ramp lowa Street Parking Ramp � Locust Street Parking Ramp �� For and in consideration of the mutual covenants herein contained, the parties hereto agree as ��,j fol lows I� � CONTRACTOR AGREES: ' 1. To furnish all material and equipment and to perForm all labor necessary for (the Project) n � as detailed in the Bid Document for snow removal including plowing, shoveling, hauling and � related services. Snowfall amounts are measured at the Jule Operations and Training � Center. '' � �� The work described above shall be completed at the following location(s): � 5t" Street Parking Ramp Central Avenue Parking Ramp Five Flags Parking Ramp Intermodal Parking Ramp lowa Street Parking Ramp Locust Street Parking Ramp The Project shall be completed in strict accordance with the terms as described in this Contract; in strict accordance with the requirements of the laws of the State of lowa and ordinances of the City of Dubuque, and in accordance with the Invitation for Bid (IFB) Documents which provisions and documents are each and all hereby referred to and made a part of this Contract just as much as if the detailed statements thereof were repeated herein. � � will affirmatively insure that in any contract entered into pursuant to this advertisement, minority � business enterprises will be afforded full opportunity to submit bids in response to this invitation � and will not be discriminated against on the grounds of race, color, national origin, sex, age, or � disability in consideration for an award. � Il � �FLE C!�'Y A�a3EES: �� Upon the submission of monthly invoices listing only the exact service perFormed in the specified month, including the dates and times that service was performed; using the provided invoice j template; and upon review and authorization by the Transportation Services Operations Supervisor; i payment will be authorized based on the amounts listed in the Bid Proposal Form and snowfall '� amounts recorded at The Jule Operations and Training Center(JOTC). � i � ��i i � CITY OF DUBUQUE, IOWA CONTRACTOR: � I __ _ __ i � � By: � �� Skyline Construction Michael . Van Milligen D e ' Company Name � City Manager �;; By: cr �...1� �i Signature Date �� - '� Mark J Arthofer � � + �i Printed Name � 'II President ��;�� -� �� 9 Title � ;� ii CONTRACTOR ACKNOWLEDGEMENT OF � ATTACHED FTA CLAUSES: � BY= '�� . , Signature Date Mark J Arthofer ��-� 1��`��--�'' Printed Name President ��'� �� Title � � � 2. Contract Documents shall mean and include the following: This Contract; all documents and � specifications in the IFB for this Project; and the Bid Proposal Form. � 3. All materials used by the Contractor on this Project shall be of the quality required by the Contract ,� Documents and shall be put in place in accordance with the Contract Documents. 'ii � 4. Contractor shall complete all work as outlined in the Scope of Services and any work condemned I as unsuitable or def�ctive shall be replac�d or don� an�vv to the s�tisf��ti�n of the TS�� at th� ''� cost and expense of Contractor. ''�', � 5. Contractor has read and understands the Contract Documents and has examined and ; understands the project description described in the iFB Scope of Services and summarized in i Section 1 of this Agreement and any conditions herein referred to and agrees not to plead �� misunderstanding or deception because of estimates of quantity, character, location or other ij conditions surrounding the same. �� ,� , 6. The term of the Contract shall be the 2019-20 winter season ;i 7. INDEMNIFICATION FROM THIRD PARTY CLAlMS. To the fullest extent permitted by law, I' Contractor shall defend, indemnify and hold harmless City, its officers and employees, from and I; against all claims, damages, losses and expenses claimed by third parties, but not including any ;i claims, damages, losses or expenses of the parkies to this Contract, including but not limited to �� attorneys' fees, arising out of or resulting from performance of this Contract, provided that such ;� claim, damages, loss or expense is attributable to bodily injury, sickness, disease or death, or i injury to or destruction of property, including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of Contractor, or anyone directly or I'��; indirectly employed by Contractor or anyone for whose acts Contractor may be liable, regardless 'i;� of whether or not such claim, damage, loss or expense is caused in part by a party indemnified ;i hereunder. � l „ 8. Unless otherwise specified in the Contract Documents, prior to the commencement of any work on I� this Project and at all times during the perFormance of this Contract, Contractor shall provide �� evidence of insurance which meets the requirements of the City's Insurance Schedule M attached I; to this Contract. � 9. Contractor agrees that no work under this Contract shall commence on the Project until the City � has issued a written "Notice to Proceed" to Contractor. Any work started by Contractor or prior the � issuance of the Notice to Proceed shall be considered unauthorized and done at the sole risk to � Contractor. 10. The City of Dubuque in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it a w � � � � � INSURANCE PROVISIONS AND REQUIREMENTS � i1 Schedule M Truck Haulers/ Truck Snow Plowing il� 1. Trucker shall furnish a signed certificate of insurance to the City of Dubuque, lowa for the coverage required in 'q Exhibit I prior to commencing work and at the end of the project if the term of work is longer than 60 days. ,� Truckers presenting annual certificates shall present a certificate at the end of each project with the final billing. �� Each certificate shall be prepared on the most current ACORD form approved by the lowa Department of " Insurance or an equivalent. Each certificate shall include a statement under Description of Operations as to why j� issued. � 2. All policies of insurance required hereunder shall be with an insurer authorized to do business in lowa and all I' insurers shall have a rating of A or better in the current A.M. Best's Rating Guide. ' 3. Each certificate shall be furnished to the Finance Department of the City of Dubuque. � f' 4. Failure to provide minimum coverage shall not be deemed a waiver of these requirements by the City of �i Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of this ii Agreement. i; 5. Trucker shall require all subcontractors and sub-subcontractors to obtain and maintain during the performance of I' work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurances ��' from all such subcontractors and sub-subcontractors. Trucker agrees that it shall be liable for the failure of a 'i' subcontractor and sub-subcontractor to obtain and maintain such coverages. The City may request a copy of such certificates from the Trucker. I'l; 6. All required endorsements to various policies shall be attached to Certificate of insurance. i� 7. Whenever a specific ISO form is listed, an equivalent form may be substituted subject to the approval of the I' Finance Director or subject to the provider identifying and listing in writing all deviations and exclusions that differ from the ISO form. ' I 8. Trucker shall be required to carry the minimum coverage/limits, or greater if required by law or other legal ��,� agreement, in Exhibit I. If Trucker's limits of liability are higher than the required minimum limits then the � Trucker's limits shall be this Agreement's required limits i 9. Whenever an ISO form is referenced the current edition of the form must be used. 10. Trucker shall be responsible for all deductibles or retention. ';; ti � II � � � � �� INSURANCE SCHEDULE M (continued) " , Exhibit I ! �,� A) COMMERCIAL GENERAL LIABILITY ' , ;, General Aggregate Limit $2,000,000 � Products-Completed Operations Aggregate Limit $2,000,000 ;, Personal and Advertising Injury Limit $1,000,000 � Each Occurrence $1,000,000 Fire Damage Limit (any one occurrence) $ 50,000 � �n Medical Payments $5,000 y �'i 1) Coverage shall be written on an occurrence, not claims made, form. The general liability ''; coverage shall be written in accord with ISO form CG0001 or business owners form BP0002. All �� deviations from the standard ISO commercial general liability form CG 0001 or business owners � form BP 0002 shall be clearly identified. (� 2) Indude ISO endorsement form CG 25 04 "Designated Location(s) General Aggregate Limit" or y CG 25 03"Designated Construction Project(s) General Aggregate Limit" as appropriate. �i 3) Indude endorsement indicating that coverage is primary and non-contributory. ��, 4) Include Preservation of Governmental Immunities Endorsement. (Sample attached). '�; 5) Include additional insured endorsement for: '' The City of Dubuque, including all its elected and appointed officials, all its employees and I� volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 2026. Ongoing operations, '; 6) Policy shall include Waiver of Right to Recover from Others endorsement. ;I � � B) AUTOMOBILE LIABILITY � �I Combined Single Limit � $1,000,000 � li C) WORKERS' COMPENSATION & EMPLOYERS LIA8ILITY '1 �� ,� Statutory benefits covering all employees injured on the job by accident or disease as prescribed by lowa Code Chapter 85 as amended. � � �'i Coverage A Statutory—State of lowa � Coverage B Employers Liability hi Each Accident $100,000 u Each Employee-Disease $100,000 � - Policy Limit-Disease $500,000 � Policy shall include Waiver of Right to Recover from Others endorsement. � D) UMBRELLA/EXCESS LIA8ILITY $1,000,000 � X yes _no � Umbrella/excess liability coverage must be at least following form with the underlying policies included � herei n b � � ! y PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunitv. The insurer expressly agrees and states that the � purchase of this policy and the including of the City of Dubuque, lowa as an Additional Insured �� does not waive any of the defenses of governmental immunity available to the City of : Dubuque, lowa under Code of lowa Section 670.4 as it is now exists and as it may be ; amended from time to time. � , a 2. Claims Coveraqe. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of lowa � Section 670.4 as it now exists and as it may be amended from time to time. Those claims not ,� subject to Code of lowa Section 670.4 shall be covered by the terms and conditions of this ; insurance policy. ti� '� , I� 3. Assertion of Government Immunitv. The City of Dubuque, lowa shall be responsible for � asserting any defense of governmental immunity, and may do so at any time and shall do so �' upon the timely written request of the insurer. !; yy6y 4. Non-Denial of Coveraqe. The insurer shall not deny coverage under this policy and the insurer 'i� � shall not deny any of the rights and benefits accruing to the City of Dubuque, lowa under this ; policy for reasons of governmental immunity unless and until a court of competent jurisdiction ''� has ruled in favor of the defense(s) of governmental immunity asserted by the City of Ij Dubuque, lowa. ;'; 1 5. No Other Chanqe in Policv. The above preservation of governmental immunities shall not !i �; otherwise change or alter the coverage available under the policy. , � ; I I i , � '; � � � FTA Clauses and Certifications � Compliance with Federal Regulations � Any contract entered pursuant to this solicitation shall contain the following provisions: All USDOT - required ,i contractual provisions, as set forth in FTA Circular 4220.1 F, are incorporated by reference. Anything to the contrary �� herein notwithstanding, FTA mandated terms shall control in the event of a conflict with other provisions contained in ; this Agreement. Contractor shall not perform any act, fail to perform any act, or refuse to comply with any grantee ��' request that would cause the recipient to be in violation of FTA terms and conditions. Contractor shall comply with all i'i applicable FTA regulations, policies, procedures and directives, including, without limitation, those listed directly or n incorporated by reference in the Master Agreement between the recipient and FTA, as may be amended or ;; promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a � material breach of this contract. � Energy Conservation �' Contractor shall comply with mandatory standards and policies relating to energy efficiency, stated in the state energy ;� conservation plan issued in compliance with the Energy Policy &Conservation Act. j Access ta Records and Reports '1 a. Record Retention. The Contractor will retain, and will require its subcontractors of all tiers to retain, complete and 'j readily accessible records related in whole or in part to the contract, induding, but not limited to, data, documents, I� reports, statistics, sub-agreements, leases, subcantracts, arrangements, other third party agreements of any type, and supporting materials related to those records. li� b. Retention Period. The Contractor agrees to comply with the record retention requirements in accordance with 2 I C.F.R. § 200.333. The Contractor shall maintain all books, records, accounts and reports required under this Contract I for a period of at not less than three (3)years after the date of termination or expiration of this Contract, except in the i event of litigation or settlement of claims arising from the performance of this Contract, in which case records shall be �j maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto. ;li c. Access to Records.The Contractor agrees to provide sufficient access to FTA and its contractors to inspect and I; audit records and information related to performance of this contract as reasonably may be required. d.Access to the ,I Sites of Performance.The Contractor agrees to permit FTA and its contractors access to the sites of performance � under this contract as reasonably may be required. ', � Federal Changes �! Contractor shall comply with all applicable FTA regulations, policies, procedures and directives, including without limitation '! those listed directly or by reference in the Master Agreement between the purchaser and FTA, as they may be amended � or promulgated from time to time during the term of the contract. Contractor's failure to comply shall constitute a material � breach of the contract. i f'� No Government Obligation to Third Parties I The Recipient and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government I in or approval of�the solicitation or award of the underlying Contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this Go-ntract and shall not be subject to any obligations or liabilities to the Recipient, Contractor or any other party(whether or not a party to that contract) pertaining to any matter resulting '' from the underlying Contract. The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by the 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 or Related Acts The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies,"49 C.F.R. part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract � or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the ' Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole � or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. chapter 53, the Government � reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5323(I) on the Contractor, to the extent the � Federal Government deems appropriate. � � The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. ,I� Termination � Termination for Convenience (General Provision): The AGENCY may terminate this contract, in whole or in part, at any i time by written notice to the Contractor when it is in the AGENCY's best interest. The Contractor shall be paid its costs, li including contract ciose-out costs, and profit on work performed up to the time of termination. The Contractor shall �� promptly submit its termination claim to AGENCY to be paid the Contractor. If the Contractor has any property in its � possession belonging to AGENCY, the Contractor wiil account for the same, and dispose of it in the manner AGENCY � directs. �i V �, Termination for Default[Breach or Cause] (General Provision): If the Contractor does not deliver supplies in accordance � with the contract delivery schedule, or if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the AGENCY may terminate j this contract for default. Termination shall be effected by serving a Notice of Termination on the Contractor setting forth � the manner in which the Contractor is in default. The Contractor will be paid only the contract price for supplies delivered and accepted, or services perFormed in accordance with the manner of performance set forth in the contract. If it is later � determined by the AGENCY that the Contractor had an excusable reason for not performing, such as a strike, fire, or � flood, events which are not the fault of or are beyond the control of the Contractor, the AGENCY, after setting up a new i delivery of perFormance schedule, may allow the Contractor to continue work, or treat the terrrmination as a Termination for ; Convenience. '� � � Termination for Default(Supplies and Service): If the Contractor fails to deliver supplies or to perform the services within � the time specified in this contract or any extension, or if the Contractor fails to comply with any other provisions of this � contract, the AGENCY may terminate this contract for default. The AGENCY shall terminate by delivering to the ;I Contractor a Notice of Termination specifying the nature of the default. The Contractor will only be paid the contract price � for supplies delivered and accepted, or services perFormed in accordance with the manner or performance set forth in this j! contract. If,after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, ;� the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the ; AGENCY. " Il Opportunity to Cure (General Provision): The AGENCY, in its sole discretion may, in the case of a termination for breach � or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the Notice � of Termination will state the time period in which cure is permitted and other appropriate conditions If Contractor fails to � remedy to AGENCY's satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract i within [10 days] after receipt by Contractor of written notice from AGENCY setting forth the nature of said breach or � default, AGENCY shall have the right to terminate the contract without any further obligation to Contractor. Any such � y termination for default shall not in any way ope.rate to preclude AGENCY from also pursuing all available remedies against �� Contractor and its sureties for said breach or default. � � Waiver of Remedies for any Breach: In the event that AGENCY elects to waive its remedies for any breach by Contractor � of any covenant, term or condition of this contract, such waiver by AGENCY shall not limit AGENCY's remedies for any succeeding breach of that or of any other covenant, term, or condition of this contract. Civil Rights Requirements The AGENCY is an Equal Opportunity Employer. As such, the AGENCY agrees to comply wifih all applicable Federal civil rights laws and implementing regulations. Apart from inconsistent requirements imposed by Federal laws or regulations, the AGENCY agrees to comply with the requirements of 49 U.S.C. § 5323(h) (3) by not using any Federal assistance awarded by FTA to support procurements using exclusionary or discriminatory specifications. Under this Agreement, the Contractor shall at all times comply with the following requirements and shall include these requirements in each subcontract entered into as part thereof. 1. Nondiscrimination. In accordance with Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, sex, disability, or age. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. 2. Race, Color, Religion, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e et seq., and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor(U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,"41 C.F.R. chapter 60, and Executive Order � No. 11246, "Equal Employment Opportunity in Federal Employment,"September 24, 1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, national origin, or sex (including sexual orientation and I{ gender identity). Such action shall include, but not be limited to, the following: employment, promotion, demotion or ,� transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing �I requirements FTA may issue. 'I 3. Age. In accordance with the Age Discrimination in Employment Act, 29 U.S.C. §§ 621- 634, U.S. Equal Employment i Opportunity Commission (U.S. EEOC) regulations, "Age Discrimination in Employment Act," 29 C.F.R. part 1625, the Age i Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., U.S. Health and Human Services regulations, "Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,"45 C.F.R. part 90, and Federai transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. �li 4. Disabilities. In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, the �j Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq., the Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., and Federal transit law at 49 U.S.C. � 5332, the Contractor agrees that it will not ,I discriminate against individuals on the basis of disability. In addition, the Contractor agrees to comply with any � implementing requirements FTA may issue. ; � Disadvantaged Business Enterprise �� This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by I� Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The contractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. �„i The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this contract. i Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the '' termination of this contract or such other remedy as the municipal corporation deems appropriate. Each subcontract the I{ contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). j The successful bidder/offeror will be required to report its DBE participation obtained through race-neutral means !I� throughout the period of performance. � The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of �II that work no later than 30 days after the contractor's receipt of payment for that work from the recipient. In addition, the contractor may not hold retainage from its subcontractors or must return any retainage payments to those subcontractors i' within 30 days after the subcontractor's work related to this contract is satisfactorily completed or must return any �� i retainage payments to those subcontractors within 30 days after incremental acceptance of the subcontractor's work by the recipient and contractor's receipt of the partial retainage payment related to the subcontractor's work. � � The contractor must promptly notify the recipient whenever a DBE subcontractor performing work related to this contract � is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to � perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that �. work through its own forces or those of an affiliate without prior written consent of the recipient. Incorporation of Federal Transit Administration (FTA)Terms The preceding provisions include, in part, certain Standard Terms &Conditions required by USDOT, whether or not expressly stated in the preceding contract provisions. All USDOT-required contractual provisions, as stated in FTA Circular 4220.1 F, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA �� mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The contractor shall not perform any act, fail to perform any act, or refuse to comply with any request that would cause the recipient to be in violation of FTA terms and conditions. Full and Open Competition In accordance with 49 U.S.C. § 5325(a)ail procurement transactions shall be conducted in a manner that provides full and open competition. Prohibition Against Exclusionary or Discriminatory Specifications � Apart from inconsistent requirements imposed by Federal statute or regulations, the contractor shall comply with the � � , requirements of 49 USC 5323(h)(2) by refraining from using any FTA assistance to support procurements using � exclusionary or discriminatory specifications. Interest of Members or Delegates to Congress I No members of, or delegates to, the US Congress shall be admitted to any share or part of this contract nor to any , benefit arising therefirom. � � N Ineligible Contractors and Subcontractors � Any name appearing upon the Comptroller General's list of ineligible contractors for federally-assisted contracts shall ;, be ineligible to act as a subcontractor for contractor pursuant to this contract. If contractor is on the Comptroller � General's list of ineligible contractors for federally financed or assisted construction, the recipient shall cancel, � terminate or suspend this contract. ;� .i Contract Work Hours and Safety Standards for Awards IVot Involving Construction i The Contractor shall comply with all federal laws, regulations, and requirements providing wage and hour protections �� for non-construction employees, in accordance with 40 U.S.C. § 3702, Contract Work Hours and Safety Standards �; Act, and other relevant parts of that Act, 40 U.S.C. § 3701 et seq., and U.S. DOL regulations, "Labor Standards I Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Non-construction Contracts Subject to the Contract Work Hours and Safety Standards Act)," 'i 29 C.F.R. part 5.The Contractor shall maintain payrolls and basic payroll records during the course of the work and � shall preserve them for a period of three (3) 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 1,1 of hours worked, deductions made, and actual wages paid. Such records maintained under this paragraph shall be � made available by the Contractor for inspection, copying, or transcription by authorized representatives of the FTA � and the Department of Labor, and the Contractor will permit such representatives to interview employees during II working hours on the job. ;i ,i Recoverec! Materials j� The Contractor agrees to provide a preference for those products and services that conserve natural resources, � protect the environment, and are energy efficient by complying with and facilitating compliance with Section 6002 of il the Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6962, and U.S. Environmental Protection �y Agency(U.S. EPA), "Comprehensive Procurement Guideline for Products Containing Recovered Materials,''40 jl C.F.R. part 247. � I Safe Operation of Motor Vehicles Seat Belt Use � The Contractor is encouraged to adopt and promote on-the-job seat belt use policies and programs for its employees '� and other personnel that operate company-owned vehicles, company- rented vehicles, or personally operated a ; vehicles. The terms "company-owned"and "company-leased" refer to vehicles owned or leased either by the �' Contractor or AGENCY. Distracted Driving The Contractor agrees to adopt and enforce workplace safety policies to � decrease crashes caused by distracted drivers, including policies to ban text messaging while using an electronic � device supplied by an employer, and driving a vehicle the driver owns or rents, a vehicle Contactor owns, leases, or �� rents, or a privately-owned vehicle when on official business in connection with the work performed under this � agreement. Other Contract Requirements � To the extent not inconsistent with foregoing Federal requirements, this contract shall also include those standard clauses attached hereto, and shall comply with the recipient's Procurement Guidelines, available upon request from the recipient. Certification and Restrictions on Lobbying I, Mark J Arthofer, hereby certify on behalf of Skyline Construction that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. If any funds other than federal appropriated funds have been paid or will be paid to any person influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with the federal contract, � grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure � Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that the language of this � certification be included in the award documents for all sub-awards at all tiers (including sub-contracts, subgrants and � contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose � accordingly. i� ; This certification is a material representation of fact upon which reliance was placed when this transaction was made j or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed , by 31 U.S.C. § 1352(as amended by the Lobbying Disdosure Act of9995). Any person who fails to file the required � certification shall be subject to a civil penalty of not/ess than$10,000 and not more than $100,000 for each such � failure. The undersigned certifies or affirms the truthfulness and accuracy of the contents of the statements submitted � on or with this certification and understands that the provisions of 31 U.S.C. Section 3801, et seq., are applicable ? thereto. CONTRACTOR:� �g I Skyline Construction I Company Name '� l(�� I `.l 'i Signature Date ;, , i Mark J Arthofer '��„ !� �� '� �` � Printed Name President ��,��.,� �.�..��e� �� li Title �h� � �; 'I 7 �Ij �, m � �1 i � 1 ; N Government Wide Debarment, Suspension, Ineligibility and Voluntary Exclusion � I The Contractor shall comply and facilitate compliance with U.S. DOT regulations, "Nonprocurement Suspension and 'I Debarment," 2 C.F.R. part 1200, which adopts and supplements the U.S. Office of Management and Budget(U.S. '� OMB) "Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," 2 C.F.R. part I� 180. These provisions apply to each contract at any tier of$25,000 or more, and to each contract at any tier for a � federally required audit (irrespective of the contract amount), and to each contract at any tier that must be approved by an FTA official irrespective of the contract amount. As such, the Contractor shall verify that its principals, affiliates, and subcontractors are eligible to participate in this federally funded contract and are not presently declared by any � Federal department or agency to be: ii a) Debarred from participation in any federally assisted Award; li', b) Suspended from participation in any federally assisted Award; I,; 'i; c) Proposed for debarment from participation in any federally assisted Award; �; � d) Declared ineligible to participate in any federally assisted Award; !I �� e)Voluntarily excluded from participation in any federally assisted Award; or I; I! f) Disqualified from participation in ay federally assisted Award. �i� � By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: �I The certification in this clause is a material representation of fact relied upon by the AGENCY. If it is later determined '�� by the AGENCY that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the AGENCY, the Federal Government may pursue available remedies, including but not limited to ,��y suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. part 180, iq subpart C, as supplemented by 2 C.F.R. part 1200, 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 i! in its lower tier covered transactions. �; � CONTRACTOR: ��, ji Skyline Construction li Company Name �I II �� ^ l c/'�-t,�� Signature � Date Mark J Arthofer � e.� � �� .��f'' " Printed Name President p p�� G�.� Title �a � ; � � �