ATTACHMENT I

ARCHITECTURAL & ENGINEERING SERVICES ON-CALL SERVICES (DDOT)

Overview: DDOT seeks qualified architectural and engineering (A&E) firms to provide on-call services for various projects over a defined contract period. The selected firms will deliver a range of A&E services to support the agency's infrastructure, ensuring all work complies with federal, state, and local regulations.

The contract will be issued as on-call, with each task order defining the specific scope, deliverables, and timelines for individual projects.

Objectives

· Provide comprehensive A&E services to support the agency's fixed route transit operations.

· Ensure all design and engineering solutions are sustainable, cost-effective, and meet the needs of the transit agency and its stakeholders.

· Maintain high standards of safety, accessibility, and functionality in all projects.

Scope of Services: The scope of services includes, but is not limited to, the following:

Design Services: The design services provided under this contract will encompass all phases of design from initial concept to final construction documentation. The focus will be on creating functional, accessible, and visually appealing facilities that align with the needs of DDOT and the City of Detroit. The selected firm will be responsible for conducting feasibility studies, developing schematic designs, and producing detailed architectural plans that comply with Federal Transit Administration (FTA) guidelines and City of Detroit building codes.

Key Compliance Areas:

· Adherence to FTA regulations for transit facility design, including accessibility requirements under the Americans with Disabilities Act (ADA).

· Compliance with City of Detroit zoning ordinances, building codes, and design review processes.

· Integration of FTA’s Best Practices Procurement Manual to ensure transparent and fair procurement processes.

Civil Engineering Services: Civil Engineering Services will address site surveys, grading, drainage, roadway, and pavement design, as well as utility coordination. These services are crucial for ensuring that the infrastructure supporting transit operations is comprehensive and reliable. The firm will perform comprehensive site analyses and develop civil engineering plans that meet both FTA and City of Detroit standards. This includes conducting environmental impact assessments and securing necessary permits to comply with federal and local environmental regulations.

Key Compliance Areas:

· Alignment with FTA’s environmental and civil engineering guidelines to promote sustainable infrastructure development.

· Compliance with the City of Detroit’s stormwater management regulations and utility coordination requirements.

· Ensuring all designs and plans are reviewed and approved by relevant city departments.

Structural Engineering Services: Structural engineering services will involve the assessment and design of both new structures and modifications to existing facilities. The focus will be on ensuring the structural integrity and safety of all transit-related buildings and infrastructure. The selected firm will conduct detailed structural analyses and produce engineering reports and construction documents that comply with FTA standards and City of Detroit building codes.

Key Compliance Areas:

· Adherence to FTA’s guidelines for the design and construction of transit facilities, ensuring they are safe and resilient.

· Compliance with the City of Detroit’s structural design standards, including seismic and wind load considerations.

· Regular review and approval processes with the City’s building department to ensure all structural designs meet local regulations.

Mechanical, Electrical, and Plumbing (MEP) Engineering Services: MEP engineering services will focus on the design of HVAC systems, electrical systems, plumbing, and fire protection systems for transit facilities. The selected firm will develop MEP systems that are efficient, reliable, and meet the operational needs of the transit agency. All designs will comply with FTA requirements for transit facilities and the City of Detroit’s codes and standards.

Key Compliance Areas:

· Ensuring MEP designs meet FTA’s standards for energy efficiency and sustainability in transit facilities.

· Compliance with the City of Detroit’s mechanical, electrical, and plumbing codes.

· Coordination with local utility providers to ensure seamless integration of MEP systems into existing infrastructure.

Environmental Engineering Services: Environmental engineering services will include conducting environmental impact assessments, preparing mitigation plans, and ensuring compliance with environmental regulations. The firm will work to minimize the environmental impact of transit projects and secure necessary permits from federal and local authorities.

Key Compliance Areas:

· Adherence to FTA’s environmental review processes, including compliance with the National Environmental Policy Act (NEPA).

· Compliance with the City of Detroit’s environmental regulations and permitting processes.

· Preparation and submission of environmental impact reports for review and approval by the City and FTA.

Traffic Engineering Services: Traffic engineering services will involve conducting traffic studies, optimizing signal designs, and designing pedestrian and bicycle infrastructure to enhance the safety and efficiency of transit routes. The firm will ensure that all traffic engineering solutions meet FTA guidelines and City of Detroit requirements.

Key Compliance Areas:

· Compliance with FTA’s guidelines for traffic engineering in transit projects, focusing on safety and efficiency.

· Adherence to the City of Detroit’s traffic engineering standards and signal design requirements.

· Coordination with the City’s traffic engineering department to ensure all designs are reviewed and approved.

Geotechnical Engineering Services: Geotechnical engineering services will include soil investigations, foundation design recommendations, and slope stability analyses. The firm will ensure that all geotechnical solutions are comprehensive and meet the standards set by the FTA and the City of Detroit.

Key Compliance Areas:

· Adherence to FTA’s guidelines for geotechnical investigations and foundation design in transit projects.

· Compliance with the City of Detroit’s geotechnical engineering standards and requirements.

· Regular review and approval of geotechnical reports and designs by the City’s engineering department.

· Additionally, the firm will ensure that all designs are sustainable and meet the latest standards for energy efficiency and environmental impact.

Examples of deliverables:

Examples of deliverables, but not limited to:

· Architectural Design

· Conceptual design and feasibility studies

· Schematic design development

· Detailed design and construction documentation

· Design review and quality assurance

· Civil Engineering

· Site surveys and analysis

· Grading and drainage plans

· Roadway and pavement design

· Utility design and coordination

· Structural Engineering

· Structural assessments and analysis

· Design of new structures and retrofits

· Seismic evaluations and upgrades

· Mechanical, Electrical, and Plumbing (MEP) Engineering

· HVAC system design

· Electrical systems design

· Plumbing and fire protection systems design

· Environmental Engineering

· Environmental impact assessments

· Permitting and compliance

· Mitigation plans

· Traffic Engineering

· Traffic studies and analysis

· Signal design and optimization.

· Pedestrian and bicycle infrastructure design

· Geotechnical Engineering

· Soil investigations and reports

· Foundation design recommendations

· Slope stability analysis

· Project Management:

· Schedule and budget management

· Coordination with agency staff and stakeholders

· Quality assurance and control

· Construction Support:

· Bid support and contractor selection assistance

· Construction oversight and inspection

· Post-construction evaluations and reports

Example Project and Deliverables:

Transit Station Renovation Deliverables:

· Conceptual Design Report

· Detailed Architectural Plans

· Structural Engineering Analysis Report

· MEP Systems Design Documents

· Construction Cost Estimate Definition of Done

· All reports and design documents reviewed and approved by the transit agency.

· Compliance with local building codes and regulations.

· Stakeholder approval obtained for the conceptual design.

· Construction cost estimate within the agency’s budget.

Submission Requirements Firms must provide:

· Complete Attachment A – Respondent Questionnaire Resumes which includes key personnel who will be assigned to the projects.

· Complete Attachment B – Respondent Proposal Introduction and Solution Approach by providing detailed proposal outlining their approach to delivering the services outlined.

· Examples of similar projects completed within the past five years.

FTA - CONTRACT PROVISIONS

SECTION 1. – CONTRACT PROVISIONS

The funding agencies for this procurement include the United States Department of Transportation (U.S. DOT), Federal Transit Administration (FTA). Therefore, in addition to the applicable General Conditions, the bidder/contractor shall comply with the following clauses required by FTA. The words, “Purchaser” and “Recipient”, in these clauses shall, as applicable, mean the City.

1.0 ELIGIBLE BIDDERS

Competition for this contract is open to all qualified bidders/contractors.

2.0 SINGLE BID RESPONSE

If only one bid is received in response to the invitation for bids, a detailed cost proposal may be requested of the single bidder/contractor. A cost or price analysis and evaluation and/or audit will be performed of the cost proposal in order to determine whether or not the price quoted is fair and reasonable. If the price quote submitted is not deemed to be fair and reasonable, the City of Detroit, at its discretion may reject and re-solicit.

3.0 SUBCONTRACTOR UTILIZATION REQUIREMENTS

A percentage (%TBD) of the total contract amount, as indicated below, shall be subcontracted to DBEs who have been certified under the Michigan Unified Certification Program by either the DDOT Office of Contract Compliance, Wayne County or MDOT, or who are certified as small businesses (SBA-8a) by the U.S. Small Business Administration. All Contractors are responsible for making a good faith effort in meeting these goals and must document efforts accordingly. Comment by Marlo Staples [2]: Is this percentage to be set on a project by project basis?

Disadvantaged Business Enterprises includes Minority, Women-Owned and SBA-8a Businesses.

4.0 CONTRACTOR CHANGES

Any proposed change in this contract shall be submitted to the appropriate Public Body for its prior approval.

5.0 NO FEDERAL GOVERNMENT OBLIGATIONS TO THIRD PARTIES

(1) The City and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government 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 Contract and shall not be subject to any obligations or liabilities of the City, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying Contract.

(2) The 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.

6.0 PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS (Applicable to all contracts)

(1) 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.

(2) 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. § 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 the Contractor, to the extent the Federal Government deems appropriate.

(3) 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.

1. The City is a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(i). The Contractor agrees to provide the City, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. The Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to the Contractor's records and construction sites pertaining to a major capital project, defined at 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.

2. The Contractor agrees to permit the City to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

3. The Contractor agrees to maintain all books, records, accounts and reports required under this Contract for a period of not less than three 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 the Contractor agrees to maintain same until the City, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i) (11).

4. FTA does not require the inclusion of these requirements in subcontracts.

8.0 CHANGES TO FEDERAL REQUIREMENTS

The Contractor shall at all times 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 City 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.

9.0 TERMINATION OF CONTRACT (CONTRACTS > $10,000)

a. Termination For Convenience – (General Provision) The City, may terminate this contract, in whole or in part, at any time by written notice to the contractor when it is in the City’s best interest. The contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The contractor shall promptly submit its termination claim to the City to be to the contractor. If the contractor has any property in its possession belonging to the City, the contractor will account for the same, and dispose of it in the manner the City directs.

b. Termination for Default (Supplies and Services) 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 City may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor 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 contract.

If, it is later determined that the contractor had an excusable reason for not performing, such as a strike, fire, flood, events which are not the fault of the contractor, the City, after setting up a new delivery performance schedule, may allow the contractor to continue work, or treat the termination as if the termination had been issued for convenience.

c. Opportunity to Cure - The City in its sole discretion may, in the case of a termination for breach or default, allow the contractor up to ten (10) calendar days 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 the contractor fails to remedy to the City’s satisfaction the breach or default of any of the terms, covenants, or conditions of this contract within 10 calendar days after receipt by the contractor of written notice from the City setting forth the nature of said breach or default, the City shall have the right to terminate the contract without any further obligation to the Contractor. Any such termination for default shall not in any way operate to preclude the City from also pursuing all available remedies against the contractor and its sureties for said breach or default.

d. Waiver of Remedies for any Breach - In the event that the City elects to waive its remedies for any breach by the contractor of any covenant, term or condition of this contract, such waiver by the City shall not limit the City’s remedies for any succeeding breach of that or of any other term, covenant, or condition of this contract.

e. Termination for Convenience (Professional or Transit Service Contracts) The City, by written notice, may terminate this contract, in whole or in part, when it is in the best interest of the City to do so. If this contract is terminated, the City shall be liable only for the payment under the payment provisions of this contract for services rendered before the effective date of termination.

f. Termination for Default (Supplies and Services) – If the contractor fails to deliver supplies or to perform the services within the time specified in this contract or any exte4nsion or if the contractor fails to comply with any provision of this contract, the City may terminate this contract for default, the rights and obligations of the parties shall be the same as if the termination had been issued for convenience of the City.

g. Termination for Default (Transportation Services) - If the contractor fails to pick up the commodities or to perform the services, including delivery services, within the time specified in this contract, the City may terminate this contract for default. The City shall terminate by delivering to the contractor a Notice of Termination specifying the nature of default. The contractor will only be paid the contract price for services performed in accordance with the manner of performance set forth in this 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 City’s convenience.

h. Termination for Default (Construction) – If the contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified in this contract or any extension or fails to complete the work within this time, or if the contractor fails to comply with any other provisions of this contract, the City shall terminate by delivering to the contractor a Notice of Termination specifying the nature of the default. In this event, the City may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The contractor and its sureties shall be liable for any damage to the City resulting in the contractor’s refusal or failure to complete the work within the specified time, whether or not the contractor’s right to proceed with the work is terminated. This liability includes any increased costs incurred by the City in completing the work.

The contractor’s right to proceed shall not be terminated not the contractor charged with damages under this clause if;

1. The delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the contractor. Examples of such causes include: acts of God, acts of the City, acts of another contractor in the performance of a contract with the City, epidemics, quarantine restrictions, strikes, freight embargoes; and

2. The contractor, within ten (10) days from the beginning of the delay, notifies the City in writing of the causes of the delay. If in the judgment of the City, the delay is excusable, the time for completing the work shall be extended. The judgment of the City shall be final and conclusive on the parties, but subject to appeal under the disputes clause herein. If, after termination of the contractor’s right to proceed, it is determined that the contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of the City.

i. Termination for Convenience of Default (Architectural and Engineering contracts) - The City may terminate this contract in whole or in part, for the City’s convenience or because of the failure of the contractor to fulfill the contract obligations. The City shall terminate by delivering to the contractor a Notice of Termination specifying the nature, extent, and effective date of termination. Upon receipt of the notice, the contractor shall (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the City all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this contract, whether completed or in process. If the termination is for the convenience of the City, the City shall make an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services. If the termination is for failure of the contractor to fulfill the contract obligations, the City may complete the work by contract or otherwise and the contractor shall be liable for any additional costs incurred by the City. 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 City.

j. Termination for Convenience or Default (Cost-Type Contracts) – The City may terminate this contract, or any portion of it, by serving notice or termination on the contractor. The notice shall state whether the termination is for convenience of the City of for the default of the contractor. If the termination is for default, the notice shall state the manner in which the contractor has failed to perform the requirements of the contract. The contractor shall account for any property in its possession paid for them from funds received from the City, or the City may fix the fee, if the contract provides for a fee, to be paid the contractor in proportion to the value, if any, of work performed up to the time of termination. The contractor shall promptly submit its termination claim to the City and the parties shall negotiate the termination settlement to be paid the contractor. If the termination is for convenience of the City, the contractor shall be paid its contract close-out costs, and a fee, if the contract provided for payment of a fee, in proportion to the work performed up to the time of termination. If, after serving a notice of termination for default, the City determines that the contractor has an excusable reason for not performing, such as strike, fire, flood, events which are not the fault of or are beyond the control of the contractor, the City, after setting up a new work schedule, may allow the contractor to continue work, or treat the termination as a termination for convenience.

10.0 CIVIL RIGHTS COMPLIANCE

(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, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the 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 - 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, 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. 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," 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 the Project. 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, creed, national origin, sex, 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, the Contractor agrees to comply with any 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, 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.

(c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the 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 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

(1) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties.

(d) Veteran - Contractors working on a capital project funded using such assistance give a hiring preference, to the extent practicable, to veterans (as defined in section 2108 of title 5) who have the requisite skills and abilities to perform the construction work required under the contract. This subsection shall not be understood, construed or enforced in any manner that would require an employer to give a preference to any veteran over any equally qualified applicant who is a member of any racial or ethnic minority, female, an individual with a disability, or a former employee.

10.01 COMPLIANCE WITH REGULATIONS

The bidder/contractor shall comply with the Regulations relative to nondiscrimination in Federally-assisted programs of the Department of Transportation (hereinafter, DOT) Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract.

10.2 SOLICITATION FOR SUBCONTRACTS, INCLUDING PROCUREMENTS OF MATERIALS AND EQUIPMENT

In all solicitations either by competitive bidding or negotiation made by the bidder/contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the bidder/contractor of the bidder’s/contractor’s obligations under this contract and the regulations relative to nondiscrimination on the grounds of race, religion, color, sex, age, or national origin.

10.3 INFORMATION AND REPORTS

The bidder/contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the Federal Transit Administration (FTA) to be pertinent to ascertain compliance with such Regulations, orders and instructions.

Where any information is required or a bidder/contractor is in the exclusive possession of another who fails or refuses to furnish this information, the bidder/contractor shall so certify to the Recipient, or the Federal Transit Administration, as appropriate, and shall set forth what efforts it has made to obtain the information.

10.4 SANCTIONS FOR NONCOMPLIANCE

In the event of the bidder’s/contractor’s noncompliance with the nondiscrimination provisions of this contract, the Recipient shall impose such contract sanctions as it or the Federal Transit Administration may determine to be appropriate, including, but not limited to:

a. Withholding of payments to the bidder/contractor under the contract until the bidder/contractor complies, and/or,

b. Cancellation, termination or suspension of the contract, in whole or in part.

10.5 INCORPORATION OF FTA PROVISIONS

The bidder/contractor shall include the provisions of paragraphs 10.1 through 10.5 of this section in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The bidder/ contractor shall take such action with respect to any subcontract or procurement as the Recipient or the FTA may direct as a mean of enforcing such provisions including sanctions for noncompliance: Provided, however, that, in the event a bidder/contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the bidder/contractor may request the DDOT to enter such litigation, the bidder/contractor may request the United States to enter into such litigation to protect the interests of the United States.

11.0 DISADVANTAGED BUSINESS ENTERPRISE

(1) This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. A contract goal of %TBD has been established for this procurement. Comment by Marlo Staples [2]: Is this percentage to be set on a project by project basis?

(2) The Contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT-assisted contracts. 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 DDOT deems appropriate. Each subcontract the Contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)).

(3) Contractors must pay subcontractors for satisfactory performance of their contracts no later than 30 days following the receipt of each payment made by DDOT to the prime contractor. This includes the prompt return of retainage payments from the prime contractor to the subcontractor within 30 days after the subcontractor’s work is satisfactorily completed. DDOT may apply appropriate penalties for failure to comply with these terms and conditions. Any delay or postponement of payment among parties may take place only for good cause, and only with the prior written permission of DDOT. Contractors must include in their subcontracts language providing the appropriate alternative dispute resolution mechanisms to resolve payment disputes. Prime contractors will not be reimbursed for work performed by subcontractors unless and until the prime contractor ensures that the subcontractors are promptly paid for the work they have performed.

(4) The Contractor must promptly notify DDOT’s Office of Contract Compliance 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 DDOT’s Office of Contract Compliance.

Thus, a supplier of materials which will become an integral part of the construction is a "subcontractor" if the supplier fabricates or assembles the goods or materials in question specifically for the construction project and the work involved may be said to be construction activity. If the goods or materials in question are ordinarily sold to other customers from regular inventory, the supplier is not a "subcontractor." The requirements of this section do not apply to contracts or subcontracts for the purchase of supplies or materials or articles normally available on the open market.

(5) That 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 workweek in which he or she is employed on such work to work in excess of forty hours in such workweek 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 workweek.

(6) That in the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for 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 paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section.

Withholding for unpaid wages and liquidated damages - DDOT 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 any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, 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 this section.

Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses set forth in this section 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 section.

Veterans Hiring Preference – DDOT and its sub recipients are recipients of federal financial assistance in this contract. The contractor shall give a hiring preference, to the extent practicable, to veterans (as defined in section 2108 of title 5 CFR) who have the requisite skills and abilities to perform the construction work required under the contract. This subsection shall not be understood, construed, or enforced in any manner that would require an employer to give a preference to any veteran over any equally qualified applicant who is a member of any racial or ethnic minority, female, an individual with a disability, or a former employee.”

12. PROHIBITED INTEREST

(1) No member of, or delegate to, the Congress to the United States shall be admitted to any share or part of this contract or to any benefit arising therefrom.

(2) No member, officer, or employee of the Public Body or of a local public body during his tenure or one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof.

13.0 INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS

The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding Contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1F, as amended, 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 Contract. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any City requests which would cause the City to be in violation of the FTA terms and conditions.

14.0 GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (Contracts > $25,000)

This Contract is a covered transaction for purposes of 49 CFR Part 29. As such, the Contractor is required to verify that the Contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are not excluded or disqualified as defined at 49 CFR 29.940 and 29.945.

The Contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into.

15.0 BUY AMERICA (Contracts)

(Rolling Stock, Construction, and Materials & Supplies Contracts>$150,000) N/A

16.0 BREACHES AND DISPUTE RESOLUTION (Contracts > $250,000)

Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of the City’s Director of the Detroit Department of Transportation (“DDOT”). This decision shall be final 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 Director of DDOT. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the Director of DDOT shall be binding upon the Contractor and the Contractor shall abide by the decision.

Performance During Dispute - Unless otherwise directed by the City, the Contractor shall continue performance under this Contract while matters in dispute are being resolved.

Remedies - Unless this Contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the City and the Contractor arising out of or relating to this Contract will be decided by arbitration if the parties mutually agree to arbitration by entering into an arbitration agreement, or, if the parties do not so mutually agree to arbitration, in a court of competent jurisdiction within the State of Michigan.

Rights and Remedies - The duties and obligations imposed by the Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the City or the Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, 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.

17.0 LOBBYING (Contracts >$100,000)

Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." 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 the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the City.

18.0 CLEAN AIR (Contracts >$150,000)

(1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office.

(2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA.

19.0 CLEAN WATER REQUIREMENTS (Contracts >$150,000)

(1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. The Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office.

(2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA.

20.0 CARGO PREFERENCE REQUIREMENTS

(All contracts involving equipment, materials or commodities which may be transported by ocean vessel) N/A

21.0 FLY AMERICA (All Contracts Foreign Transport or Travel Only) To comply with 49 U.S.C. 40118 (the “Fly America” Act) in accordance with the General Services Administration’s regulations at 41 CFR Part 301-10, which provide that recipients and sub-recipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation.

22.0 DAVIS BACON AND COPELAND ANTI-KICKBACK ACTS

(Construction Contracts >$2,000) N/A

23.0 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT

(Operation/Management, Rolling Stock, and Construction Contracts >$250,000) N/A

24.0 BONDING REQUIREMENTS (Construction Contracts >$250,000) N/A

25.0 SEISMIC SAFETY (Professional A&E and New Construction Contracts)

The Contractor agrees that any new building or addition to an existing building will be designed and constructed in accordance with the standards for Seismic Safety required in Department of Transportation Seismic Safety Regulations 49 CFR Part 41 and will certify to compliance to the extent required by the regulation. The Contractor also agrees to ensure that all work performed under this Contract including work performed by a Subcontractor is in compliance with the standards required by the Seismic Safety Regulations and the certification of compliance issued on the project.

26.0 TRANSIT EMPLOYEE PROTECTIVE PROVISIONS

(Operations/Management Contracts) N/A

27.0 CHARTER SERVICE OPERATIONS (All Operations/Management Contracts) N/A

28.0 SCHOOL BUS OPERATIONS (All Operations/Management Contracts) N/A

29.0 DRUG & ALCOHOL TESTING (All Transit Operations Contracts) N/A

30.0 PATENT RIGHTS IN DATA AND COPYRIGHT REQUIREMENTS

(All Professional Service, Research and Development Contracts)

A. Rights in Data - The following requirements apply to each contract involving experimental, developmental or research work:

(1) The term "subject data" used in this clause means recorded information, whether or not copyrighted, that is delivered or specified to be delivered under the contract. The term includes graphic or pictorial delineation in media such as drawings or photographs; text in specifications or related performance or design-type documents; machine forms such as punched cards, magnetic tape, or computer memory printouts; and information retained in computer memory. Examples include, but are not limited to: computer software, engineering drawings and associated lists, specifications, standards, process sheets, manuals, technical reports, catalog item identifications, and related information. The term "subject data" does not include financial reports, cost analyses, and similar information incidental to contract administration.

(2) The following restrictions apply to all subject data first produced in the performance of the contract to which this Attachment has been added:

(a) Except for its own internal use, the Purchaser or Contractor may not publish or reproduce subject data in whole or in part, or in any manner or form, nor may the Purchaser or Contractor authorize others to do so, without the written consent of the Federal Government, until such time as the Federal Government may have either released or approved the release of such data to the public; this restriction on publication, however, does not apply to any contract with an academic institution.

(b) In accordance with 49 C.F.R. § 18.34 and 49 C.F.R. § 19.36, the Federal Government reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, for "Federal Government purposes," any subject data or copyright described in subsections (2)(b)1 and (2)(b)2 of this clause below. As used in the previous sentence, "for Federal Government purposes," means use only for the direct purposes of the Federal Government. Without the copyright owner's consent, the Federal Government may not extend its Federal license to any other party.

i. Any subject data developed under that contract, whether or not a copyright has been obtained; and

ii. Any rights of copyright purchased by DDOT or Contractor using Federal assistance in whole or in part provided by FTA.

(c) When FTA awards Federal assistance for experimental, developmental, or research work, it is FTA's general intention to increase transportation knowledge available to the public, rather than to restrict the benefits resulting from the work to participants in that work. Therefore, unless FTA determines otherwise, the Purchaser and the Contractor performing experimental, developmental, or research work required by the underlying contract to which this Attachment is added agrees to permit FTA to make available to the public, either FTA's license in the copyright to any subject data developed in the course of that contract, or a copy of the subject data first produced under the contract for which a copyright has not been obtained.