R2002-95 AUTHORIZING AN AGREEMENT

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� � ITEM 34-SCHOOL BUS AND CHARTER SERVICES OPERATIONS A. School Bus Operations- Pursuant to 20 ILCS 2705/49.19(6),69 U.S.C.§5323(�,and 49 CFR 605,and as a condition of receiving grant monies from the Department,the Grantee certifies,by signing this Agreement,that it is not engaged in school bus operations exclusively for the transportation of students and schooi bus ! personnel in competition with private school bus operators where such private school bus operators are , available to provide adequate transportation at reasonable rates in conformance with applicable safety standards. If the Grantee does engage in school bus operetions exclusively for the transportation of students and school bus personnel as described above,then the Grantee certifies that it operates a school system in the area to be served thereby and operates a separate and exclusive school bus progrem for the school system. The Grantee further agrees and certifies that it shall immediately notify the Department in writing of its involvement in or its intention to become involved in any school bus operation prohibited by Section 49.19(6) after the date of this certification and this Agreement. B. Charter Bus Operations-Neither the Grantee nor any transit operator performing work in connection with this Project shall engage in charter service operations,except as permitted by 49 U.S.C.§5323(d)and FTA regulations"Charter Service"49 CFR§604. Any chaRer service agreement entered into under these regulations is incorporated into this Agreement by reference. The Grentee agrees not to engage in either school bus or charter operations,and has further signed the certification attached hereto as part of Exhibit"C". ITEM 35-CONSTRUCTION CONTRACTS If construction contracts are to be implemented using assistance from this Agreement,the following additional . �„ ' provisions apply to the Grantee and Grantee's third party construction contracts: A. Seismic Requirements. The Grantee agrees to comply with 49 C.F.R. Part 41 during the construction of new buildings or additions to existing buildings. - B. Contract Security. The Grantee agrees to follow the requirements of 49 C.F.R.§18.36(h)or OMB Circular A-110, Revised,as applicable,and FTA guidelines with regard to bid guarantees and bonding requirements. C. Liquidated Damages. If appropriate,the Grantee agrees to include a Gause providing for liquidated damages for delay in its third party contracts for construction. Liquidated damages clauses are appropriate if the parties may be reasonably expected to suffer damages(such as increased costs of the Project involved)from the late completion of the construetion and the extent or amount of such damages would be difficult or impossible to determine. The assessment for damages shall be at a specific rate per day for each day of overrun in contract time,and the rate must be specified in the third party contract. Any liquidated damages recovered shall be credited to the Project account involved unless the Govemment expressly agrees otherwise. The Grantee agrees that proportionate shares of all liquidated damages assessed under this Agreement shall be credited to the state and federal govemments in amounts equivalent to the percentages of the Project funded by each,and the Grantee shall be credited a proportionate share of the liquidated damages in an amount equivalent to the percentage of the Projeat funded by the Grantee. 0. Safety Standards. Pursuant to aection 107 of the Contract Wo�lc Hours and Safety Standards Act and Department of Labor regulations,"Safety and Health Regulations for Construction"29 C.F.R. 1926,no laborer or mechanic working on a construction contract shall be required to work in suRoundings or under working conditions that are unsanitary,hazardous,or dangerous to his or her health and safety as determined under construction and heafth standards promulgated by the Secxetary of Labor. State/Federal Capital Grant PQ8e 26