R2011-08 AUTHORIZING EXECUTION OF AN AMENDED CAPITAL ASSISTANCE GRANT AGREEMENT

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CAP-10-962-ARRA, Contract No. 4021 contracting agency, the U.S. Depa�tment of Labor, or the employees or their representatives. 9. Certification of Eliqibilitv a. By entering into a third party contract financed under this Agreement, the contractor certifies that neither it(nor he nor she) nor any person or firm that 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 Part 5.12(a)(1). ' b. No part of this third party 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- I Bacon Act, 29 CFR Part 5.12(a)(1). i c. The penalty for making false statement is prescribed in the U.S. Criminal Code, 18. U.S.C. § 1001. 10. Contract Work Hours&Safetv Standards Act—The Grantee shall require contractor to comply with the applicable provisions of 40 U.S.C. §§ 3701 et seq., and 29 CFR Part 5. 11. Subcontracts-The contractor shall insert into any subcontracts the clauses set forth in this SUB-ITEM (A)(1)-(10) of this agreement and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this SUB-ITEM (A)(1)-(10)of this Agreement. B. Nonconstruction Contracts- Pursuant to Department of Labor regulations, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act),"29 CFR Part 5, the following provisions shall be incorporated in all nonconstruction contracts of$2,500 or more let by the Grantee in carrying out the Project: 1. Nonconstruction Contracts-The requirements of the clauses contained in 29 CFR Part 5.5(b) are applicable to any contract subject to the overtime provisions of the Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. §§ 3701 et seq., and not to any of the other statutes cited in 29 CFR Part 5.1. 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. The records to be maintained under this clause shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the FTA, U.S. Department of Transportation, or the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. 2. Nonconstruction Subcontracts-The contractor or subcontractor shall insert in any subcontract the clauses set forth in 29 CFR Part 5.5(b), and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in 29 CFR Part 5.5(b) involving overtime pay, unpaid wages and withholding for unpaid wages. State/Federal Capital Grant Page 39