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2. Contractor shall include these requirements in each subcontract exceeding $100,000 financed in
whole or in part with FTA assistance.

(c) Clean Water

1. Contractor shall comply with all applicable standards, orders or regulations issued pursuant to
Section 508 of the Clean Water Act, as amended, 33 U.S.C, § 1368, and other requirements of the
Clean Water Act, as amended, 33 U.S.C. §§ 1251 - 1377. Contractor shall report each violation to
the City and understands and agrees that the City shall, in turn, report each violation as required to
FTA and the appropriate EPA Regional Office.

2, Contractor shall include these requirements in each subcontract exceeding $100,000 financed in
whole or in part with FTA assistance.

8. Compliance with Laws & Federal Changes. Contractor shall comply with all applicable
laws, ordinances, codes, rules, regulations, programs, plans, and orders in the performance of the Contract
Documents. Without limiting the foregoing, 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 City 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.

9. Debarment and Suspension.

(a) The Contractor agrees to comply with the requirements of Executive Order Nos. 12549 and 12689,
“Debarment and Suspension," 31 U.S.C. Section 6101 note; and USDOT regulations on Debarment
and Suspension and 49 CFR Part 29,

(b) Unless otherwise permitted, the Contractor agrees to refrain from awarding any third-party contract of
any amount to or entering into any subcontract of any amount with a party included in the “U.S.
General Services Administration's (U.S. GSA) List of Parties Excluded from Federal procurement and
Non-procurement Program,’ implementing Executive Order Nos. 12549 and 12689, "Debarment and
Suspension” and 49 CFR Part 29. The list also include the names of parties debarred, suspended, or
otherwise excluded by agencies, and contractors declared ineligible for contract award under statutory
or regulatory authority other than Executive Order Nos, 12546 and 12689.

(c) Before entering into any subcontracts with any subcontractor, the Contractor agrees to obtain a
debarment and suspension certification from each prospective recipient containing information about
the debarment and suspension status and other specific information of that awarding agency and its
“principals,” as defined at 49 CFR Part 29.

(d) Before entering into any third-party contract exceeding $25,000.00, the Contractor agrees to obtain a
debarment and suspension certification from each third-party contractar containing information about
the debarment and suspension status of that third-party contractor and its “principals,” as defined at 49
CFR 29.105(p). The Contractor also agrees to require each third party contractor to refrain from
awarding any third-party subcontract of any amount, at any tier, to a debarred or suspended
subcontractor, and to obtain a similar certification for any third-party subcontractor, at any tier, seeking
a contract exceeding $25,000.00.

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10.Buy America
The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. part 661, which provide that
Federal funds may not be obligated unless all steel, iron, and manufactured products used in FTA
funded projects are produced in the United States, unless a waiver has been granted by FTA or the
product is subject to a general waiver.

The contractor must submit to the City the appropriate Buy America certification below
with its bid. Bids or offers that are not accompanied by a completed Buy America
certification will be rejected as nonresponsive.

In accordance with 49 C.F.R. § 661.6, for the procurement of steel, iron or manufactured
products, use the certifications below.

Certificate of Compliance with Buy America Requirements

The bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C.
5323(j)(1), and the applicable regulations in 49 C.F.R. part 661.

Date:
November 3, 2021

Signature: I, / JA A~

Company: |

Schroeder Construction Management Inc.
Name:

Jack Schroeder
Title:

President
Certificate of Non-Compliance with Buy America Requirements
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49
U.S.C, 5323(j), but it may qualify for an exception to the requirement pursuant to 49
U.S.C. 5323(j)(2), as amended, and the applicable regulations in 49 C.F.R. § 661.7.

Date:

Signature:

Company:

Name:

Title:

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11.Fly America Requirements.

For contracts involving transportation of persons or property, by air between the U.S. and/or places outside
the U.S, These requirements do not apply to micro-purchases ($3,500 or less, except for construction
contracts over $2,000).

Contractor shall comply with 49 USC 40118 (the "Fly America” Act) in accordance with General Services
Administration regulations 41 CFR 301-10, stating that recipients and subrecipients of Federal funds and
their contractors are required to use US Flag air carriers for US 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. Contractor shall
submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining
why service by a US flag air carrier was not available or why it was necessary to use a foreign air cartier
and shall, in any event, provide a certificate of compliance with the Fly America requirements, Contractor
shall include the requirements of this section in all subcontracts that may involve international air
transportation.

12.Seismic Safety

The contractor agrees that any new building or addition fo 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.

13.Cargo Preference Requirements
The Maritime Administration (MARAD) regulations at 46 C.F.R. § 381.7 contain suggested contract
clauses, Recipients can draw on the following language for inclusion in their federally funded procurements.

Cargo Preference - Use of United States-Flag Vessels - The contractor agrees:

a, to use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross
tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever
shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such
vessels are available at fair and reasonable rates for United States-Flag commercial vessels:

b. to furnish within 20 working days following the date of loading for shipments originating within the United
States or within 30 working days following the date of loading for shipments originating outside the United
States, a legible copy of a rated, "on-board" commercial ocean bill-of-lading in English for each shipment of
cargo described in the preceding paragraph to the Division of National Cargo, Office of Market
Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the
contractor in the case of a subcontractor's bill-of-lading.); and

c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract
may involve the transport of equipment, material, or commodities by ocean vessel.

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14.Bonding
Please see Bonding Language in Article 8 of the Agreement

15.Employee Protections

Prevailing Wage and Anti-Kickback

For all prime construction, alteration or repair contracts in excess of $2,000 awarded by FTA, the
Contractor shall comply with the Davis-Bacon Act and the Copeland “Anti-Kickback” Act, Under 49

U.S.C, § 5333(a), prevailing wage protections apply to laborers and mechanics employed on FTA assisted
construction, alteration, or repair projects. The Contractor will comply with the Davis-Bacon Act,

40 U.S.C, §§ 3141-3144, and 3146-3148 as supplemented by DOL regulations at 29 C,F.R. part 5, “Labor
Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction.”
In accordance with the statute, the Contractor shall pay wages to laborers and mechanics at a rate not
less than the prevailing wages specified in a wage determination made by the Secretary of Labor, In
addition, the Contractor agrees to pay wages not less than once a week. The Contractor shall also
comply with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by DOL regulations
at 29 C.F.R. part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole
or in part by Loans or Grants from the United States." The Contractor is prohibited from inducing, by any
means, any person employed in the construction, completion, or repair of public work, to give up any

part of the compensation to which he or she is otherwise entitled.

Contract Work Hours and Safety Standards

(a) Overtime requirements — Neither the Seller or any subcontractors 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 40
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 40 hours in such workweek.

(b) Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set
forth in para. (1) of this section, Seller and any subcontractor responsible therefore shall be liable for the
unpaid wages. In addition, Seller and such subcontractor shall be liable 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 para. (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 40 hours without payment of the overtime wages required by the clause set forth in
para. (1) of this section,

(c) Withholding for unpaid wages and liquidated damages - the City shall upon its own action or upon
written request of USDOL withhold or cause to be withheld, from any moneys payable on account of work
performed by Seller 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 & 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 para. (2) of this section.

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(4) Subcontracts - Seller 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. Prime contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in this section,

16.Recycled Products

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 the Resource Conservation and Recovery Act, as amended, 42 U.S.C.
§6962, and U.S, Environmental Protection Agency (U.S. EPA), “Comprehensive Procurement Guideline for
Products Containing Recovered Materials,” 40 C,F.R, part 247.

17.Dispute Resolution

The parties shall attempt to resolve any dispute related to this Contract as follows. Either party shall provide
to the other party, in writing and with full documentation to verify and substantiate its decision, its stated
position concerning the dispute. No dispute shall be considered submitted and no dispute shall be valid
under this provision unless and until the submitting party has delivered the written statement of its position
and full documentation to the other party. The parties shall then attempt to resolve the dispute through
good faith efforts and negotiation, Unless otherwise directed by the City, at all times Seller shall continue
performance under the Contract Documents while matters in dispute are being resolved. If the parties are
unable to resolve their dispute as described above within 30 days, the parties’ reserve the right to pursue
any available legal and/or equitable remedies for any breaches of this contract except as that right may be
limited by the terms of this Contract.

Should either party to the Contract suffer injury or damage to person or property because of any act or
omission of the party or of any of its employees, agents or others for whose acts it is legally liable, a claim
for damages therefore shall be made in writing to such other party as soon as practicable after the first
observance of such injury or damage.

Duties and obligations imposed by the Contract Documents 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.

18.DOL EEO Clause for Construction Projects

Per 41C.F.R, Chapter 60, which implement Executive Order 11246, “Equal Employment Opportunity,”
September 24, 1965, as amended by Executive Order 11375, “Amending Executive Order 11246 Relating
to Equal Employment Opportunity,” October 13, 1967.

DURING THE PERFORMANCE OF THIS CONTRACT, THE CONTRACTOR AGREES AS FOLLOWS:
(1) THE CONTRACTOR WILL NOT DISCRIMINATE AGAINST ANY EMPLOYEE OR APPLICANT FOR
EMPLOYMENT BECAUSE OF RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, OR

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NATIONAL ORIGIN, THE CONTRACTOR WILL TAKE AFFIRMATIVE ACTION TO ENSURE THAT APPLICANTS
ARE EMPLOYED, AND THAT EMPLOYEES ARE TREATED DURING EMPLOYMENT WITHOUT REGARD TO
THEIR RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, OR NATIONAL ORIGIN,
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. THE CONTRACTOR AGREES TO POST IN
CONSPICUOUS PLACES, AVAILABLE TO EMPLOYEES AND APPLICANTS FOR EMPLOYMENT, NOTICES TO BE
PROVIDED SETTING FORTH THE PROVISIONS OF THIS NONDISCRIMINATION CLAUSE.

(2) THE CONTRACTOR WILL, IN ALL SOLICITATIONS OR ADVERTISEMENTS FOR EMPLOYEES PLACED BY
OR ON BEHALF OF THE CONTRACTOR, STATE THAT ALL QUALIFIED APPLICANTS WILL RECEIVE
CONSIDERATION FOR EMPLOYMENT WITHOUT REGARD TO RACE, COLOR, RELIGION, SEX, SEXUAL
ORIENTATION, GENDER IDENTITY, OR NATIONAL ORIGIN.

(3) THE CONTRACTOR WILL NOT DISCHARGE OR IN ANY OTHER MANNER DISCRIMINATE AGAINST ANY
EMPLOYEE OR APPLICANT FOR EMPLOYMENT BECAUSE SUCH EMPLOYEE OR APPLICANT HAS INQUIRED
ABOUT, DISCUSSED, OR DISCLOSED THE COMPENSATION OF THE EMPLOYEE OR APPLICANT OR
ANOTHER EMPLOYEE OR APPLICANT, THIS PROVISION SHALL NOT APPLY TO INSTANCES IN WHICH AN
EMPLOYEE WHO HAS ACCESS TO THE COMPENSATION INFORMATION OF OTHER EMPLOYEES OR
APPLICANTS AS A PART OF SUCH EMPLOYEE'S ESSENTIAL JOB FUNCTIONS DISCLOSES THE
COMPENSATION OF SUCH OTHER EMPLOYEES OR APPLICANTS TO INDIVIDUALS WHO DO NOT
OTHERWISE HAVE ACCESS TO SUCH INFORMATION, UNLESS SUCH DISCLOSURE IS IN RESPONSE TO A
FORMAL COMPLAINT OR CHARGE, IN FURTHERANCE OF AN INVESTIGATION, PROCEEDING, HEARING,
OR ACTION, INCLUDING AN INVESTIGATION CONDUCTED BY THE EMPLOYER, OR IS CONSISTENT WITH
THE CONTRACTOR'S LEGAL DUTY TO FURNISH INFORMATION.

(4) THE CONTRACTOR WILL SEND TO EACH LABOR UNION OR REPRESENTATIVE OF WORKERS WITH
WHICH HE HAS A COLLECTIVE BARGAINING AGREEMENT OR OTHER CONTRACT OR UNDERSTANDING, A
NOTICE TO BE PROVIDED ADVISING THE SAID LABOR UNION OR WORKERS’ REPRESENTATIVES OF THE
CONTRACTOR'S COMMITMENTS UNDER THIS SECTION, AND SHALL POST COPIES OF THE NOTICE IN
CONSPICUOUS PLACES AVAILABLE TO EMPLOYEES AND APPLICANTS FOR EMPLOYMENT.

(5) THE CONTRACTOR WILL COMPLY WITH ALL PROVISIONS OF EXECUTIVE ORDER 11246 OF SEPTEMBER
24, 1965, AND OF THE RULES, REGULATIONS, AND RELEVANT ORDERS OF THE SECRETARY OF LABOR.

(6) THE CONTRACTOR WILL FURNISH ALL INFORMATION AND REPORTS REQUIRED BY EXECUTIVE ORDER
11246 OF SEPTEMBER 24, 1965, AND BY RULES, REGULATIONS, AND ORDERS OF THE SECRETARY OF
LABOR, OR PURSUANT THERETO, AND WILL PERMIT ACCESS TO HIS BOOKS, RECORDS, AND ACCOUNTS
BY THE ADMINISTERING AGENCY AND THE SECRETARY OF LABOR FOR PURPOSES OF INVESTIGATION TO
ASCERTAIN COMPLIANCE WITH SUCH RULES, REGULATIONS, AND ORDERS.

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(7) IN THE EVENT OF THE CONTRACTOR'S NONCOMPLIANCE WITH THE NONDISCRIMINATION CLAUSES
OF THIS CONTRACT OR WITH ANY OF THE SAID RULES, REGULATIONS, OR ORDERS, THIS CONTRACT MAY
BE CANCELED, TERMINATED, OR SUSPENDED IN WHOLE OR IN PART AND THE CONTRACTOR MAY BE
DECLARED INELIGIBLE FOR FURTHER GOVERNMENT CONTRACTS OR FEDERALLY ASSISTED
CONSTRUCTION CONTRACTS IN ACCORDANCE WITH PROCEDURES AUTHORIZED IN EXECUTIVE ORDER
11246 OF SEPTEMBER 24, 1965, AND SUCH OTHER SANCTIONS MAY BE IMPOSED AND REMEDIES
INVOKED AS PROVIDED IN EXECUTIVE ORDER 11246 OF SEPTEMBER 24, 1965, OR BY RULE,
REGULATION, OR ORDER OF THE SECRETARY OF LABOR, OR AS OTHERWISE PROVIDED BY LAW.

(8) THE CONTRACTOR WILL INCLUDE THE PORTION OF THE SENTENCE IMMEDIATELY PRECEDING
PARAGRAPH (1) AND THE PROVISIONS OF PARAGRAPHS (1) THROUGH (8) IN EVERY SUBCONTRACT OR
PURCHASE ORDER UNLESS EXEMPTED BY RULES, REGULATIONS, OR ORDERS OF THE SECRETARY OF
LABOR ISSUED PURSUANT TO SECTION 204 OF EXECUTIVE ORDER 11246 OF SEPTEMBER 24, 1965, SO
THAT SUCH PROVISIONS WILL BE BINDING UPON EACH SUBCONTRACTOR OR VENDOR. THE
CONTRACTOR WILL TAKE SUCH ACTION WITH RESPECT TO ANY SUBCONTRACT OR PURCHASE ORDER AS
THE ADMINISTERING AGENCY MAY DIRECT AS A MEANS OF ENFORCING SUCH PROVISIONS, INCLUDING
SANCTIONS FOR NONCOMPLIANCE:
PROVIDED, HOWEVER, THAT IN THE EVENT A CONTRACTOR BECOMES INVOLVED IN, OR IS
THREATENED WITH, LITIGATION WITH A SUBCONTRACTOR OR VENDOR AS A RESULT OF SUCH
DIRECTION BY THE ADMINISTERING AGENCY, THE CONTRACTOR MAY REQUEST THE UNITED STATES
TO ENTER INTO SUCH LITIGATION TO PROTECT THE INTERESTS OF THE UNITED STATES.

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DISCLOSURE OF LOBBYING ACTIVITIES

The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that:

(1) No Federal appropriated funds have been paid or will be paid, by ar on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of an agency, a Member
of Congress, an 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.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
making lobbying contacts to an officer ar employee of any agency, a Member of Cangress, an
officer ar employee of Congress, or an employee of a Member of Congress in cannection with this
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 [as
amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413
(1/19/98). Note: Language in paragraph (2) herein has been modified in accordance wilh Section 10
of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C, 1601, ef seq.)]

(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction
was made 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 Disclosure Act of 1995), Any
person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such failure,

[Note: Pursuant to 31 ULS.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails
to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such expenditure or failure.)

The Sellercertifies or affirms the truthfulness and accuracy of each statement of its certification and
disclosure, if any. In addition, the Sellerunderstands and agrees that the provisions of 31 U.S.C, A 3801,
et seq., apply to this certification and disclosure, if any.

Executed this_3 day of November , 2021.

| Schroeder Construction Management Inc.
Name of Bidder Address

| 2 Townsend West, Unit#3 |
City/State/Zip
Nashua, NH 03063
Name of Contractor's Authorized Official Signature of Gonfractfr's Authorized Official Title
| Jack Schroeder, President | F Af ae President |
of Contractor's Authorized Official / i ea

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Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion

- Lower Tier Covered Transaction

(1) The prospective lower tier participant certifies, by submission of this bid or proposal, that neither it nor its
"principals" [as defined at 49 CFR § 29.105(p)] is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any
Federal department or agency.

(2) When the prospective lower tier participant is unable to certify to the statements in this certification, such
praspeéclive participant shall attach an explanation to this proposal.

The bidder respondent and all subcontractors hereby certifies that he/she has not been debarred or suspended
from participation in Federal contracts. Please note - separate certification may be photo copied and submitted
by each subcontractor. (Pursuant to 49 CFR, Part 29)

Certified (Contractor)

Schroeder Construction management Inc.

Company [ J 9 LA
L b —
Signed By 4
Jack Schroeder
Name

President

Title
November 3, 2021

Date

Certified (Sub-Contractor(s))

Company

Signed By

Name

Title

Date

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