R2000-225 AUTHORIZING THE FILING AND EXECUTION OF GRANT AMENDMENT NO. 1

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� , ITEM 32-AMENDMENT Except as provided in the PROJECT BUDGET ITEM,the Parties agree that no change or modification to this Agreement,or any Exhibits or Attachments hereto,shall be of any force or effect unless the amendment is dated, reduced to writing,executed by both parties,and attached to and made a part of this Agreement. No work shall be commenced and no costs or obligations shall be incurred in consequence of any amendment to this Agreement or any attachments hereto unless and until such amendment has been executed and made a part of this Agreement and the Approved Project Budget has been amended to conform thereto. ITEM 33-TITLES The Parties agree that the titles of the items of this Agreement,hereinabove set forth,are inserted for convenience of identification only and shall not be considered for any other purpose. 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 school 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 operations 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 program 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 charter service agreement entered into under these regulations is incorporated into this Agreement by reference. The Grantee 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 clause 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 construction 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 State/Federal Capital Grant p48e 26