City of Albuquerque Procurement Contract

City of Albuquerque Procurement Contract Mosher Enterprises Inc. 4441 Anaheim Ave NE Albuquerque, NM 8113 Supplier Contact: Cost Estimates/Contract: Michael Pulse michaelp@mosherent.com 505-923-0597 Supplier ID: 0000127224 Contract ID 0000000000000000707887 Contract Dates 12/01/2015-11/30/2017 Contract Reference B2016000039 Contract Maximum $0.00 Contract Print Date 11/30/2015 Origin VAR Page 2 of 10 Attachment A In accordance with the requirements, terms and conditions established in RFB B2016000039. Term: 12/01/2015 11/30/2017 with two (2) possible one (1) year extensions upon mutual agreement of the City and the vendor. Normal on-call electrical services shall be performed between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday. However, from time to time the City may request after-hour services for work completed between the hours of 5:00 p.m. And 6:59 a.m. Monday through Friday, weekend services for work completed Saturdays and Sundays, and Holiday services for work completed between the hours of 12:01 a.m. and 6:59 a.m. the following non-holiday day. Service Categories: 1. Maintenance & Repairs (Normal Conditions). Service under this category may include but is not limited to the following: General maintenance and/or repair of existing commercial wiring. Services may include repair of faulty wiring and electrical components, and the repair and troubleshoot of various electrical systems. Provide and install conduit, wiring, junction boxes, fixtures and electrical equipment to repair or replace existing installations which may include replacement of electrical equipment, conduits and other equipment that has been vandalized or otherwise in need of repair. Maximum response time shall be within four (4) hours, unless otherwise agreed to between the City and the Contractor. Maximum response is defined as onsite response time after City provides notification either by phone or email. 2. Maintenance & Repair (Emergency Conditions). Services under this category may include but are not limited to the following: Perform emergency electrical repair(s) service as designated by the City. Maximum response time for emergency repair service shall be within two (2) hours, unless otherwise agreed to between the City and the Contractor. Maximum response is defined as onsite response time after City provides notification either by phone or email. If the situation/problem is an emergency, the Contractor shall immediately stabilize the site, and then provide the estimate report, including the work required to stabilize the situation. Purchasing Office Signature:

City of Albuquerque Procurement Contract Mosher Enterprises Inc. 4441 Anaheim Ave NE Albuquerque, NM 8113 Supplier Contact: Cost Estimates/Contract: Michael Pulse michaelp@mosherent.com 505-923-0597 Supplier ID: 0000127224 Contract ID 0000000000000000707887 Contract Dates 12/01/2015-11/30/2017 Contract Reference B2016000039 Contract Maximum $0.00 Contract Print Date 11/30/2015 Origin VAR Page 3 of 10 Contractors shall have electricians available on-call (24) hours a day. Upon notification of the emergency condition, the Contractor shall immediately stabilize the site, and then provide a cost estimate report, including all work necessary and required to correct the emergency condition. 3. New or Rehabilitation - Electrical Service Projects. Services under this category may include but are not limited to the following: Provide and install conduit, wiring, electrical fixtures and electrical equipment to repair or replace existing installations for new or rehabilitation electrical service projects. General Terms and Conditions. The following general terms and conditions shall apply to all service categories cited above: Contractor shall be an electrical contractor certified by the State of New Mexico and able to perform electrical services for different city departments, during normal work hours, nonstandard work hours and emergency service as requested. Any semiskilled laborers (apprentices, pre-apprentices, or trainees) employed by the Contractor to perform any part of the contract must be officially enrolled in an apprentices program registered with the State of New Mexico Apprentices Program or recognized by the Bureau of Apprenticeship and Training, or the United States Department of Labor. Apprentices, pre-apprentices, or trainees used by the Contractor must have at least two (2) years of applicable (and verifiable) work experience, plus at least one (1) year of vocational or trade school training in an applicable field of expertise. Firms that do not maintain an apprenticeship program will not be disqualified from participation in this RFB. Electrical Engineers shall have a current Electrical Engineering license and be registered through the State of NM. Project Managers shall be a licensed Journeyman (JE98) and have a minimum of five years of project management experience. Electrical service calls are required to adhere to all State, local, electrical and Occupational Safety and Health Administration (OSHA) requirements. Wage rates: wages to be paid by the Contractor to employees will be subject to minimum wage rate determinations by the State of New Mexico Department of Labor and any Federal wage rate determination that may be applicable. These determinations shall become part of the Purchasing Office Signature:

City of Albuquerque Procurement Contract Mosher Enterprises Inc. 4441 Anaheim Ave NE Albuquerque, NM 8113 Supplier Contact: Cost Estimates/Contract: Michael Pulse michaelp@mosherent.com 505-923-0597 Supplier ID: 0000127224 Contract ID 0000000000000000707887 Contract Dates 12/01/2015-11/30/2017 Contract Reference B2016000039 Contract Maximum $0.00 Contract Print Date 11/30/2015 Origin VAR Page 4 of 10 contract by reference and must be posted, per requirements, in a conspicuous place at the job site. State of New Mexico Wage Rates: A wage rate decisions is required by the Public Works Minimum Wage Act for construction, demolition, or renovation purposes on projects costing sixty thousand dollars ($60,000) or more funded in part by state of local funding. Federal Wage Rates: A wage rate decision is required by the Davis-Bacon Act for construction, demolition or renovation purposes on projects costing two thousand dollars ($2,000) or more funded in part by any Federal agency/department. It is the Contractor's responsibility to adhere to applicable statutes and responsibility related Federal, State and Local Codes. Contractor shall be responsible for obtaining any licenses and/or permits required to legally perform the services. Documentation of licensure and qualifications shall be submitted with your bid and upon request by City Purchasing after contract award. The Contractor shall furnish all labor and materials necessary to repair electrical malfunctions, or to install new electrical equipment or modify existing electrical equipment as requested by the City Departments unless materials are provided by the City. Labor prices shall remain firm during the first term of the contract(s). Thereafter, the City of Albuquerque, in consultation with the Contractor pool, will determine if conditions exist for any price escalation. Determinations shall be completed after review of all factors including but not limited to current material supply markets, review of wage rate determinations and any other factor determined relevant by the City. Projects below $2,500.00. Projects estimated below $2,500 may be chosen from any of the vendors in the pool after approved by the DMD Facilities Official or a facilities subject matter expert from the Departments of Aviation or Senior Affairs as applicable. Upon review of requested Cost Estimates, the city will issue a Contract Release Order (CRO) to the Contractor whose total is most advantageous to the City. Factors for consideration include but are not limited to: price, estimated time for completion, and current Contractor work load. Once approved by the user agency, the Contractor shall receive a CRO and will perform the needed work or repairs. All work shall be provided in a professional workmanlike manner in accordance with all federal, state and local codes. Purchasing Office Signature:

City of Albuquerque Procurement Contract Mosher Enterprises Inc. 4441 Anaheim Ave NE Albuquerque, NM 8113 Supplier Contact: Cost Estimates/Contract: Michael Pulse michaelp@mosherent.com 505-923-0597 Supplier ID: 0000127224 Contract ID 0000000000000000707887 Contract Dates 12/01/2015-11/30/2017 Contract Reference B2016000039 Contract Maximum $0.00 Contract Print Date 11/30/2015 Origin VAR Page 5 of 10 Projects above $2,500.00 and below $25,000.00. Projects above $2,500.00 and below $25,000.00 require a request for Cost Estimates (RFCE) solicitation to be sent to the vendor pool established by this RFB. The City departments will be required to utilize a standardized template for each RFCE. This template is available from the City of Albuquerque Purchasing Division. Prior to issuing an RFCE, the department must obtain written approval from the DMD Facilities Official or a facilities subject matter expert from the Departments of Aviation or Senior affairs as applicable. Upon review of requested Cost Estimates, the City will issue a Contract Release Order (CRO) to the Contractor whose total is most advantageous to the City including the application of any applicable preferences. Factors for consideration include but are not limited to: price, estimated time for completion, and current Contractor work load. Once approved by the user agency, the Contractor shall receive a CRO and will perform the needed work or repairs. All work shall be provided in a professional workmanlike manner in accordance with all federal, state and local codes. Projects above $25,000.00. Projects estimated over $25,000.00 require an RFCE solicitation be issued to the awarded Contractors within the vendor pool established by this RFB at the time the project service is required. City departments will be required to utilize a standardized template for each Request for Cost Estimates (RFCE). This template is available from the City of Albuquerque Purchasing Division. Prior to issuing an RFCE, the Department must obtain written approval from the DMD Facilities Official or an Aviation Department / Senior Affairs Department Facilities subject matter expert as appropriate. If a project is over $25,000.00 this must be processed through the City Purchasing Division. The City Departments will be responsible for submitting a complete requisition, DMD Facilities Official or Departments of Aviation / Senior Affairs facilities subject matter expert approval of the project (as applicable), the RFCE solicitation, all offers received, and an abstract which has recorded all offers received. A template for this abstract is available from the City of Albuquerque Purchasing Division. Upon receipt, the City Purchasing Division will request an original performance bond and an original labor and material / payments bond from the vendor awarded by the RFCE. All bonds provided by the vendor must utilize an approved City of Albuquerque Purchasing Division Bond template. These templates are available in the Appendices of this RFB. If the project is over $60,000.00 a State of New Mexico wage rate determination will be requested by the Purchasing Division. Cost Estimates. In order for the City to ensure compliance with awarded contracts, all Cost Estimates provided by awarded vendors must be itemized in such a fashion to show hourly labor costs, line item material costs, miscellaneous expenses, gross receipts tax, and total estimated cost. Clarification may be requested by the City if Cost Estimates submitted by awarded vendors are not entirely clear. Purchasing Office Signature:

City of Albuquerque Procurement Contract Mosher Enterprises Inc. 4441 Anaheim Ave NE Albuquerque, NM 8113 Supplier Contact: Cost Estimates/Contract: Michael Pulse michaelp@mosherent.com 505-923-0597 Supplier ID: 0000127224 Contract ID 0000000000000000707887 Contract Dates 12/01/2015-11/30/2017 Contract Reference B2016000039 Contract Maximum $0.00 Contract Print Date 11/30/2015 Origin VAR Page 6 of 10 Contractor shall provide all equipment, labor, and material necessary to perform the required service, unless stipulated by the requesting Department. Upon request of the City, Contractor shall remove from the performance of the services hereunder any of its employees who, in the City's judgment, has not conducted himself properly or is not qualified to perform the work. Contractor shall furnish only those materials and/or services requested by the City. Any additional materials services deemed necessary by the Contractor shall be documented and submitted to the requesting Department for approval. The City shall not be liable for materials or a service other than those approved in advance or actually required to stabilize an emergency situation Contractor shall provide all necessary material invoices with a description of item purchased, catalog number, cost and shall include signature of authorized Contractor representative. Included with the invoice will be the written notification as to the nature of the work requested, work performed, identification of the requesting department, and CRO number. Contractor shall remove all rubbish, waste and discarded material on a daily basis. The City shall provide a source for electricity and water as required for the work to be performed. All Contractor's employees and agents must wear identification badges at all times while on the City's premises. The Contractor shall be fully responsible for the work performed. Any services provided by the Contractor shall be warrantied against defects for one year. Any materials and supplies provided by the Contractor shall be warranted for a minimum of one (1) year or the manufactures warranty whichever is longer. Warranty shall cover replacement of items plus required labor when such is necessary due to defects in material and/or workmanship at no additional cost. In addition, the Contractor shall be responsible for any safety barricading that shall be needed to reduce the risk of safety hazards during the time work is performed on behalf of the City. Inspection and Final Acceptance. All work is subject to inspection by the City during progress and after completion. If any work is not satisfactorily performed or otherwise not in conformity with the requirements of this Contract, the City shall have the right to require its correction or to require replacement, at Contractor's expense. If the work performed is of such a nature that the defect cannot be corrected by re-performance of the services, the City shall have the right to Purchasing Office Signature:

CITY OF ALBUQUERQUE TERMS AND CONDITIONS Direct all inquiries to: City of Albuquerque, Purchasing Division, P.O. Box 1293, Albuquerque, NM 87103 or call (505) 768-3320. 1. Contract: By commencing work, vendor accepts all Terms and Conditions herein and agrees that, to the extent vendor terms conflict, these Terms and Conditions shall govern. These Terms and Conditions and any nonconflicting vendor terms and conditions shall constitute the Contract. 2. Invoicing: Department name AND purchase order/procurement contract, or contract release order number MUST be on all invoices, packing slips, shipping notices, freight bills, and correspondence concerning the order. Send invoice original and duplicate to: Accounting. P.O. Box 1985, Albuquerque, NM 87103. 3. Payment: City's payment terms are net 30 days unless otherwise stated. City shall not pay late fees, finance fees, or collection fees. Any vendor that accepts payments by credit card on behalf of City must be Payment Card Industry Data Security Standard compliant. 4. FOB Destination and Inspection: The risk of loss, injury and destruction, and legal title to the goods remains with vendor until the goods reach the location of the City. All goods delivered are subject to inspection upon receipt by City. Department s count will be accepted by vendor as final and conclusive on all shipments not accompanied by a packing slip. All rejected goods shall remain the property of vendor and will be returned at vendor s expense. 5. Taxes: Vendor is responsible for determining whether taxes are applicable to the order and for payment of the tax. Applicable taxes are to be included in each invoice due and may not be billed more than sixty (60) days after providing the goods or services to which the taxes apply. 6. Warranty: Vendor warrants that the goods and services furnished shall (a) conform to the specifications; (b) be free from defects in materials and workmanship; (c) be suitable for the purpose intended; (d) be new and of most current production; (e) be free from security interests or liens; and (f) not infringe upon or violate any copyrights or patent rights. 7. Workers' Compensation and Additional Insurance: Vendor agrees to comply with its state s law pertaining to workers' compensation benefits for its employees. If vendor fails to comply with the applicable workers compensation law when required to do so, the Contract may be terminated by City. Vendor agrees to procure and maintain any additional insurance coverage requested by City. 8. Default: City reserves the right to cancel all or any part of the Contract without cost to the City if vendor fails to meet the provisions of the Contract and, and except as otherwise provided herein, to hold Vendor liable for any excess cost incurred by City due to vendor default. 9. Force Majeure: Neither Vendor nor City shall be liable for failure to perform its obligations under the Contract due to causes beyond the control and without the fault or negligence of either party. Such causes include, but are not restricted to, acts of God or the public enemy, acts of the State or federal government, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather and defaults of subcontractors due to any of the above, unless City shall determine that the supplies or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit vendor to meet the required delivery scheduled. The rights and remedies of the City provided in this paragraph shall not be exclusive and are in addition to any other rights now being provided by law or under the Contract. 10. Termination for Lack of Appropriations: Notwithstanding any provision in the Contract to the contrary, payments hereunder are contingent upon the Albuquerque City Council making the necessary appropriations. If sufficient appropriations are not made, the Contract may be terminated at the end of City s' then current fiscal year upon written notice given by City to vendor. Such event shall not constitute an event of default and all payment obligations of City and all of its interest in the Contract will cease upon the date of termination. City's determination regarding appropriation shall be accepted by vendor and shall be final. 11. Termination for Convenience: City may terminate the Contract at any time by giving at least 30 days written notice to the Vendor. In such event, vendor shall be paid under the terms of the Contract for all goods and/or services provided to and accepted by City, if ordered or accepted by City prior to the effective date of termination. 12. Contract Changes: In no case shall the Contract be changed without the prior written approval of City's Chief Procurement Officer. 13. Assignment: Neither the Contract, nor any interest therein, nor claim thereunder, shall be assigned or transferred by vendor, except as expressly authorized in writing by City's Chief Procurement Officer or designee. No such assignment or transfer shall relieve vendor from the obligations and liabilities under the Contract. 14. City Furnished Property: City furnished property shall be returned to City upon request in the same condition as received except for ordinary wear, tear, and modifications ordered hereunder. 15. Indemnity: Vendor agrees to defend, indemnify and hold harmless City from any and all claims, actions, suits or proceedings brought against City because of any injury or damage received or sustained by any person or property arising out of or resulting from the Contract or by reason of any asserted act or omission, neglect or misconduct of vendor or its agents or employees or any subcontractor or its agents or employees. This indemnity shall not be limited by reason of the specification of any particular insurance coverage in the Contract. City shall not indemnify vendor. 16. Debarment, Suspension, Ineligibility and Exclusion Compliance: Vendor certifies (a) that it has not been debarred, suspended or otherwise found ineligible to receive funds by any agency of the executive branch of the federal government, the State of New Mexico, any local public body of the State, or any state of the United States; and (b) should any notice of debarment, suspension, ineligibility or exclusion be received by vendor, vendor will notify City immediately. 17. Conflict of Interest: No officer, agent or employee of City will participate in any decision relating to the Contract which affects that person's financial interest, the financial interest of his or her spouse or minor child or the financial interest of any business in which he or she has a direct or indirect financial interest. 18. Interest of Contractor: Vendor agrees that it presently does not have, and shall acquire no direct or indirect interest which conflicts in any manner or degree with the performance of the terms of the Contract. Vendor will not employ any person who has any such conflict of interest to assist Vendor in performing the services. 19. No Collusion: Vendor represents that it has entered into the Contract without collusion on the part of Vendor with any person or firm, without fraud and in good faith. Vendor also represents that no gratuities, in the form of entertainment, gifts or otherwise, were, or during the term of the Contract, will be offered or given by vendor or any agent or representative of vendor to any officer or employee of the City with a view towards securing the Contract or for securing more favorable treatment with respect to making any determinations with respect to performing the Contract. 20. Audits and Inspections: At any time during normal business hours and as often as City may deem necessary, there shall be made available to City for examination all of vendor s records with respect to all matters covered by the Contract. Vendor shall permit City to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by the Contract. Vendor understands and will comply with City s Accountability in Government Ordinance, 2-10-1 et seq. and Inspector General Ordinance, 2-17-1 et seq. R.O.A. 1994, and also agrees to provide requested information and records and appear as a witness in hearings for City's Board of Ethics and Campaign Practices pursuant to Article XII, Section 8 of the Albuquerque City Charter. 21. Compliance With Ethics Provisions: Vendor certifies that it has not, either directly or indirectly, entered into action in restraint of free competitive bidding and is in compliance with the Ethical Conduct provisions of City's Public Purchases Ordinance. 5-5-22 R.O.A. 1994. 22. Non-discrimination: In performing the Contract, vendor shall comply with the Federal Civil Rights Act of 1964 and Title VII of the Act and the Americans with Disabilities Act of 1990. 23. Compliance With Laws: In performing the Contract vendor shall comply with all applicable laws, ordinances and codes of the federal, state and local governments. 24. Governing Law: The Contract is governed by the laws of the State of New Mexico and the City of Albuquerque. The venue for actions arising out of the Contract is Bernalillo County, New Mexico. 25. Federal Funding: Procurements involving the expenditure of federal funds may be subject to mandatory applicable federal law and regulations. Version Date: July 14, 2015

FEDERAL REQUIREMENTS FR 1. Access to Records The successful Offeror agrees to maintain all books, records, accounts and reports required under the Contract resulting from this RFB for a period of not less than three years after the date of termination or expiration of the Contract resulting from this RFB, except in the event of litigation or settlement of claims arising from the performance of the Contract resulting from this RFB, in which case successful Offeror agrees to maintain same until the City, the applicable Federal agency 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). The following access to records requirements apply to the Contract resulting from this RFB: FR 1.1 Local Governments In accordance with 49 CFR 18.36(i), the successful Offeror agrees to provide the City, the applicable Federal agency Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the successful Offeror that are directly pertinent to the Contract resulting from this RFB for the purposes of making audits, examinations, excerpts and transcriptions. successful Offeror also agrees, pursuant to 49 CFR 633.17 to provide the applicable Federal agency Administrator or his authorized representatives including any PMO contractor access to successful Offeror s records and construction sites pertaining to a major capital project, defined at 49 USC 5302(a)1, which is receiving federal financial assistance through the programs described at 49 USC 5307, 5309 or 5311. FR 1.2 State Governments In accordance with 49 CFR 633.17, the successful Offeror agrees to provide the City, the applicable Federal agency Administrator or his authorized representatives, including any PMO contractor, access to the successful Offeror s records and construction sites pertaining to a major capital project, defined at 49 USC 5302(a)1, which is receiving federal financial assistance through the programs described at 49 USC 5307, 5309 or 5311. By definition, a major capital project excludes contracts of less than the simplified acquisition threshold currently set at $100,000. The successful Offeror agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. FR 2. Federal Funding, Incorporation of FTA Terms and Federal Changes The preceding provisions include, in part, certain standard terms and conditions required by the Department of Transportation to be included in the contract resulting from this RFB, whether or not expressly set forth in the preceding provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1F or its successors are hereby incorporated into the contract resulting from this RFB 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 the contract resulting from this RFB. The successful Offeror shall not perform any act, fail to perform any act or refuse to comply with any City requests that would cause the City to be in violation of the applicable Federal agency terms and conditions.

The successful Offeror 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 City and FTA, as they may be amended or promulgated from time to time during the term of the Contract resulting from this RFB. successful Offeror s failure to so comply shall constitute a material breach of the Contract resulting from this RFB. FR 3. Federal Energy Conservation Requirements The successful Offeror agrees to comply with mandatory standards and policies relating to energy efficiency that are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. FR 4. Civil Rights Requirements The following requirements apply to the contract resulting from this RFB: 1. Nondiscrimination: In accordance with Title VI of the Civil Rights Act, as amended, 42 USC 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 USC 6102, section 202 of the Americans with Disabilities Act of 1990, 42 USC 12132, and Federal transit law at 49 USC 5332, the successful Offeror 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 successful Offeror 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 USC 2000e, and Federal transit laws at 49 USC 5332, the successful Offeror 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 CFR 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 USC 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 successful Offeror 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 successful Offeror 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 USC 623 and Federal transit law at 49 USC 5332, the successful Offeror agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the

(c) successful Offeror agrees to comply with any implementing requirements FTA may issue. Disabilities: In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 USC 12112, the successful Offeror 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 CFR Part 1630, pertaining to employment of persons with disabilities. In addition, the successful Offeror agrees to comply with any implementing requirements the Federal government may issue. 3. The successful Offeror also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by any federal agency, modified only if necessary to identify the affected parties. FR 5. No Government Obligation to Third Parties 1. The City and successful Offeror acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of this RFB or award of the contract resulting from this RFB, absent the express written consent by the Federal Government, the Federal Government is not a party to the contract resulting from this RFB and shall not be subject to any obligations or liabilities to the City, successful Offeror, or any other party (whether or not a party to that Contract) pertaining to any matter resulting from the contract resulting from this RFB. 2. The successful Offeror agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance. It is further agreed that the clause shall not be modified, except to identify the Subcontractor who will be subject to its provisions. FR 6. Program Fraud and False or Fraudulent Statements or Related Acts 1. The successful Offeror acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 USC 3801 et seq. and U.S. DOT regulations, Program Fraud Civil Remedies, 49 CFR Part 31, apply to its actions pertaining to the contract resulting from this RFB. Upon execution of the contract resulting from this RFB, the successful Offeror 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 contract resulting from this RFB or the applicable Federal agency assisted project for which the contract resulting from this RFB Work is being performed. In addition to other penalties that may be applicable, the successful Offeror 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 successful Offeror to the extent the Federal Government deems appropriate. 2. The successful Offeror 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 ccontract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 USC 5307, the Government reserves the right to impose the penalties of 18 USC 1001 and 49 USC 5307(n)(1) on the successful Offeror, to the extent the Federal Government deems appropriate.

3. The successful Offeror 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. FR 7. Suspension and Debarment The contract resulting from this RFB is a covered transaction for purposes of 49 CFR Part 29. As such, the successful Offeror is required to verify that none of the successful Offeror, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The successful Offeror 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. By signing and submitting its Bid, Offeror certifies as follows: The certification in this clause is a material representation of fact relied upon by City of Albuquerque. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to remedies available to City of Albuquerque, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The Offeror agrees to comply with the requirements of 49 CFR 29, Subpart C, while its Bid is valid and throughout the period of any contract resulting from this RFB. The Offeror further agrees to include a provision requiring such compliance in its lower tier covered transactions. FR 8. Disadvantaged Business Enterprise (DBE) The contract resulting from this RFB 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. The successful Offeror shall maintain compliance with DBE Approval Certification throughout the period of contract performance. The successful Offeror shall not discriminate on the basis of race, color, national origin or sex in the performance of the contract resulting from this RFB. The successful Offeror shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of any federally assisted Contract. Failure by the successful Offeror to carry out these requirements is a material breach of the contract resulting from this RFB, which may result in the termination of the contract resulting from this RFB or such other remedy as City of Albuquerque deems appropriate. Each subcontract the successful Offeror signs with a Subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). FR 9. COPELAND ANTI-KICKBACK ACT (Reference: 2 CFR 200 Appendix II(D), 29 CFR parts 3 & 5) APPLICABILITY. Incorporate into all construction contracts and subcontracts that exceed $2,000 and are financed under the AIP program.

MANDATORY CONTRACT LANGUAGE. The United States Department of Labor Wage and Hours Division oversees the Copeland Anti- Kickback Act requirements. All contracts and subcontracts must meet comply with the Occupational Safety and Health Act of 1970. United States Department of Labor Wage and Hours Division can provide information regarding any specific clauses or assurances pertaining to the Copeland Anti-Kickback Act requirements required to be inserted in solicitations, contracts or subcontracts. FR 10. DAVIS-BACON REQUIREMENTS. (Reference: 2 CFR 200 Appendix II(D)) APPLICABILITY. Incorporate into all construction contracts and subcontracts that exceed $2,000 and are financed under the AIP program. DAVIS-BACON REQUIREMENTS 1. Minimum Wages (i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under (1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can easily be seen by the workers.

(ii)(a) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii) (B) or (C) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable