HomeMy WebLinkAbout05-21-2013 c6 slo transit new freedom grant funding awardcounctL
âqenòa nepopt
Veeting Dâte
Illay 21,2013
tem Number
C6
FROM:
Prepared By:
CITY OF SAN LUIS OBISPO
Daryl R. Grigsby, Director of Public Works
John Webster, Transit Manager
SUBJECT: SLO TRANSIT NEV/ FREEDOM GRANT FUNDING AV/ARD
RECOMMENDATION
Adopt a resolution authorizing the City Manager or her designee to:
a. Appropriate $12,500 awarded by the California Department of Transportation in the 2010-11
funding cycle for financial assistance to permit operation of mobility management projects in
the County of San Luis Obispo pursuant to Section 5317 of the Federal Transit Act (FTA C
9045.1), as amended.
b. Execute any documents and take any actions, for and on behalf of the City and file all current or
future certification of assurances, contracts or agreements required by the Department.
Expend any and all program funds and necessary local matches in accordance with City
policies and procedures.
d. Submit and approve requests for reimbursement of funds approved by Council from the
Department for the Section 5317 project(s) and to provide additional information as the
Department may require in connection with applications for Section 5317 projects.
DISCUSSION
In 2007 , the San Luis Obispo Council of Governments (SLOCOG) completed the San Luis Obispo
Region Coordinated Human Services-Public Transportation Plan. This plan establishes marketing,
education and service goals, and programs to improve access to county public transportation
services. As part of this plan, transit operators were encouraged to expand local outreach programs
and improve education and training for the public on how to use public transit systems.
In 2008, based upon consultation with SLOCOG, City staff became aware of a potential funding
source through the Federal New Freedoms (NF) Grant program that could be used to augment
existing transit training and education. The program generally funds discretionary projects that
increase education and accessibility knowledge to public transportation services.
The City's program educates seniors and mobility-challenged individuals about the availability of
various transit services offered by SLO Transit as well as other County providers through training
materials and educational outreach programs. The program focuses upon perceived barriers with
public transportation by providing actual experiences using public transportation. The "hands-on"
training is also designed to strengthen the ability of individual service organizations to carry on the
training once grant funds are expended for the program.
c
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SLO Transit New Freedom Grant Funding Award Page 2
Staff applied for and received an initial grant from Caltrans and the Federal Transit Administration
(FTA) in the amount of $20,000 to increase marketing and training services to the elderly. The City
moved forward with the outreach program and in April 2009 awarded a contract to Ridership
Development Consultants (RDC) for expanded marketing and outreach to the City's stakeholders.
Staff has continued to submit successor grant applications in order to continue the existing mobility
program and Council approved a successor agreement with RDC on June 7,2011.
The City recently received notice that it has been awarded $10,000 in New Freedoms Federal
Transit Administration (FTA) Section 5317 funding for an application submitted in Jawary 2012
and this will extend the current program an additional fifteen months. The new successor standard
grant funding agreement (#642732) with Caltrans will expire on May 3I,2015.
FISCAL IMPACT
There is no General Fund impact associated with the award of the 2010-11New Freedoms Grant
cycle. The award covering fifteen months (February 20I4-May l, 2015) is expected to provide
$10,000 coming from FTA 5317 and $2,500 is anticipated from Toll credits as the local match for a
grant total of $12,500. To11 credits are funds from Toll roads and bridges that arc eligible to be used
for the most recent grant cycle such as New Freedom when awarded by Caltrans. This project now
requires Council to appropriate grant funding and add this project to the curent Transit budget for
2012-13 fiscal year.
ALTERNATIVE
Deny Grønt Applìcation The City Council may choose to deny the appropriation for the 2010-11
cycle discretionary grant funding. Staff does not recommend this alternative as the New Freedoms
program is proving successful in providing outreach to improve education and training for the public
on how to utilize transit systems in San Luis Obispo.
ATTACHMENTS
1. Draft Resolution, New Freedoms Grant Award
2. New Freedoms Grant standard agreement (642732)
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Attachment-1
RESOLUTION NO.(2013 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE CITY
MANAGER OR HER DESTGNEE TO APPROPRTATE $12,500 FOR MOBTLTTY
MANAGEMENT, AND SUBMIT NECESSARY GRANT PAPER\ryORK AND OTHER
REQUIRED INFORMATION NECESSARY TO PROGRAM CALIFORNIA
DEPARTMENT OF TRANSPORTATION FEDERAL FUNDING UNDER FTA
SECTTON s3l7 (49 U.S.C. SECTTON s317)
WHEREAS, the City of San Luis Obispo (referred hereinafter as the City) operates San
Luis Obispo (SLO) Transit; and
\ryHEREAS, The City of San Luis Obispo and SLO Transit are eligible applicants for U. S
Department of Transportation grants; and
WHEREAS, the U. S. Department of Transportation is authorized to make grants to states
through the Federal Transit Administration to support capital projects for non-urbanized public
transportation systems under Section 5317 of the Federal Transit Act (FTA C 9045.1); and
WHEREAS, the California Department of Transportation (Department) has been designated
by the Governor of the State of California to administer Section 53 1 7 grants for transportation
projects for the individuals with disabilities; and
WHEREAS, the City of San Luis Obispo/SLO Transit has, to the maximum extent feasible,
coordinated with other transportation providers and users in the region (including social service
agencies).
WHEREAS, the City of San Luis Obispo/SLO Transit has been allocated $10,000 in the 2010-
11 funding cycle by the Department for financial assistance to permit operation of mobility
management projects in the County of San Luis Obispo and;
WHEREAS, the City of San Luis Obispo is requesting up to $2,500 in Toll credits as a local
match and;
WHEREAS, the City of San Luis Obispo/SLO Transit has been allocated $12,500 in the 2010-
11 funding cycle by the Department for financial assistance to permit operation of mobility
management projects in the County of San Luis Obispo and;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. The Council authorizes the City Manager or her designee to submit
necessary grant paperwork and other required information to program $12,500 in the 2010-11
funding cycle by the Department for f,rnancial assistance to permit operation of mobility management
projects in the County of San Luis Obispo pursuant to Section 5317 of the Federal Transit Act
R
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Resolution No._ (2013 Series)
Page2
(FTA C 9045.1), as amended.
SECTION 2. The Council authorizes the City Manager or her designee to execute any
documents and take any actions, for and on behalf of the City and file all current or future
certification of assurances, contracts or agreements required by the Department.
SECTION 3. The Council authorizes the expenditure of any and all program funds and
necessary local matches in accordance with City policies and procedures.
SECTION 4. The Council authorizes the City Manager or her designee to submit and
approve requests for reimbursement of funds approved by Council from the Department for the
Section 5317 project/s and to provide additional information as the Department may require in
connection with applications for Section 5317 projects.
Upon motion of seconded by
and on the following roll call vote
AYES:
NOES:
ABSENT:
None
None
The foregoing resolution was adopted this 21st day of May 2013
Mayor Jan Marx
ATTEST
Maeve Kennedy Grimes
City Clerk
APPROVED AS TO FORM
J. Christine Dietrick
City Attorney
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NT.2
DEPARTMENT OF' TRANSPORTATION
DIVISION OF MASS TRANSPORTATION MS 39
1120 N STREET
P. O. BOX e42874
SACRAMENTO, CA 9427 4-OOOT
PHONE (916) 654-8811
FAX (916) 654-9366 ,'
TTY 711
www.dot.ca.gov
Flexyour power!
Be energy eflicient!
Aprll23,2013
City of San Luis Obispo/SLO
Attn:Daryl Grigsby
919 Palm Street
San Luis Obispo, CA 93401
Subject: Executed Standard Agreement Number 642732
Dear Mr. Grigsby:
Enclosed is the executed Caltrans Standard Agreement:642732 in the amount of $12,500.00 for the
Federal Transit Administration (FTA) Section 5316 8.5317 (New Freedom) Mobility Management
for:
Mobility Management model to bring more members of the "transportation challenged"
population out of isolation and reliance solely on escorted services to assist them in
both utilizing fixed route services within the city and intergrating them into fuller
participation in society. Target population includes the active disabled and seniors.
Local Match relieved by Toll ç¡edi¡=$2,500
This Standard Ageement between Caltrans and your agency is a legally binding contract and it is
important to understand the terms and conditions of this agreement. Please review the State
Management Plan if you would like further information on the program (the link to the plan is
provided at the end of this letter).
As the Agreement is fully executed, you may proceed with the implementation and completion of
your project. Any changes to the Agreement including time extensions must be requested in writrng
at least two months (60 days) before the project completion date. As specified in Exhibit B, the
project completion date is: January 3Lr2Ol5,
As a reminder, all procurements under this grant agreement must be approved in writing by Caltrans,
Division of Mass Transportation (DMT) prior to incuning costs. In addition, procurement of non-
vehicle equipment will require the submission of three like-kind bids and the Disadvantage Business
(DBE) Awards and Commitment Form prior to incurring costs.
D is advanta ged Busines s Enterpris e (DB E) Requirgments :
Upon completion of your project you must submit the DBE Actual Payment Form along with your
final request for reimbursement (RFR). RFP.s are allowed only after execution of the Agreement and
"CaltansímprovesmobilìtyacrossCalifomía" C6 _ s
ATTACHMENT-2
SLO Transit
Page2
April23,2OI3
must include the necessaty documentation. The Invoice Checklist and Request for Reimbursement
Forms are reference guides to assist you in determining the required invoice supporting
documentation needed. These forms can be found at the web links provided at the end of this letter.
S atisfactory Technicù.Ç.apacity Requirements :
As specified in Exhibit C, Paragraph 42, the State may terminate this Agreement if satisfactory
progress toward project completion is not made within twelve (12) months of execution of this
Agreement, One vital program requirement that is essential to your continued funding is the submittal
of the JARCÆ.{ew Freedom Progress Reports.
Capital Projects (Vehicles, Other Equipment, & Transit Improvements)
Semi-Annual Period Due Date (no later than)
1 Octoberl-March3l April30*
2 April 1- September 30 October 3lst
Operating & Mobility Management Projects
Annual Period Due Date (no later than)
October 1-September 30 October 3lst
The Milestone Progress Report form, the State Management PIan, DBE Awards/Commitments
and Actual Payments tr'orm, the Invoice Checklist and Request for Reimbursement Form can all
be found at the DMT website at:
JARC Program : httn ://www.dot. ca. soylhq/MassTrans/S3 L6.html
New Freedom Program: http://www.dot.ca.eov/hq/MassTrêlrs/SllZthJml
If appropriate, please submit, bid solicitation documents, three bids for other equipment, the RFR and
quarterly reports to the attention of your Caltrans Representative, Nellie Almazan, at the Caltrans
office at the address above.
If you have questions concerning any of the information above or attached, please contact Nellie
Almazan of my staff at (916) 657 -4679.
Thank
SAUER
Branch Chief
JARC and New Freedom Branch
"Caltrans improves mobilíly across Cøliforniø"c6-6
' STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION
o""'.P 0RIGINAIATT
STANDARD AGREEMENT
v DOT-213 (REV06/2009)NUMBER
642',132
This is entered into State
STA.TE ÀGENCYS
DEPARTMENT OF TRANSPORTATION - SECTION 5317 - NEW FREEDOM
Contractor named below:
CONTRACTOR'S NAME
CITY OF SAN LUIS OBISPO/SLO TRANSIT
2. The term of this Agreement is:
FEBRUARY I,2OI4 THROUGH MAY 31,2015
3. The parties agree to comply with the terms and conditions of the following exhíbits which are by this reference
made a part of the Agreement.
Exhibit A - Scope of Work 1-5 page(s)
Exhibit B - Budget Detail and Payment Provisions 6-t2 page(s)
Exhibit C - General Terms and Conditions 13-31 page(s)
Exhibit D - Special Terms and Conditions (Attached hereto as part of thís agreement) 32-36 page(s)
Exhibít E - Additional Provisions Yes n
the
No 37-38 page(s)
IN WTNESS WHEREOF been
c
JITY OF
lhan an ind¡v¡duâ|, slato whelher a corporât¡on,
OBISPO/SLO TR-ANSIT
,6
Director
919 Palm Street, San Luis Obispo, CA 93401
STATE OF C/ALIFORNIA
AGENCY NAME
DEPARTMENT OF TRA}ISPORTATION
BY
.6
PRINTED
SCOTT Branch Chief JARC and New Freedom
1120 N STREET, M.S. 39, SACRAMENTO, CA 95814
AMOUNI ENCUMEERED BY THIS DOCUMÊNT
$12,500.00
PRIORAMOUNT ËNCUMBERED FOR THIS CONTRACT usE)
FED. CAT. NO 20.516
TOTALAMOUNT ENCUMBERED TO DATE
$12,500.00
OBJECT OF
es hereto.
or 20-521
AND TITLE)
64-3743 EA 637220 SUBJOB 2CN32 6049
Department of
Transportatíon use only
TRUST
YEAR
2010-l 1
TITLE
DATE
upon my own peßonal
for lhe peñod and purposa of lhe expanditure slated above.
For individuals wilh dlsablllties,or
7- hø,,SIGNEDlt lßDATE
I
..--DATE SIGNED2. ç,(3
AND TITLE)
2660-102-0890(2)
TEM CHAPTER
712
STATUTE
2010
Notice and Forms Management, 1120 N Slreet, MS-89, Sacramento, CA 95814.
For call (91 or TDD
c6 -7
Standard Agreement DOT-213
A.
1
2.
ATTACHMENT-2
EXHIBIT A,D ORIOINAL
Cíty of San Luis Obispo/SLO Transjt
642732
Page 1 of 38
SCOPE OF WORK
1' ln order to carry out the purpose of 49 U.S.c. 5316 or 5317,,the california Department ofTransportation (hereafter called the STATE) is the sole State agency auìhorized to evaluate and submÍtto the Federal Transit Administration (hereafler ca from private nonprofitcorporations, private for profit corporations and sistance in proviOin!transportation services meeting the special >ds of I persons with disability]for whom mass transportation servíces are erwise inappropriate.
2' ignated by the STATE as a private nonprofit corporation, private for
":üj"";'J.nu,:?tT.o;,r,'"n
services ( h e reafrer ca ired the ÞRo J Ecr)
3. The of theìqenrnts tions of
to th ursuant
Mobility Management model to bríng more members cf the "transportationchallenged" population out of isolation and reliance solsly on escorted services toassist them in. b.oth utilizing fixed route services within the city and lntegratíng theminto fuller participation in society. Target population includes the actíve disabted andseniors. Local Match relieved by Toll tredit = $2,500
4' The CoNTRAcToR agrees to perform the PRoJECT to provide public transportation service to thegeneral public in a non-urbanized area of the State and in accordance with the ierms and conditions ofthÍs Agreement and the CONTRACTOR's application for Federal assístance, rtr¡cn is on fíle with theMass Transportation program.
5' The CONTRACTOR agrees to operate the PROJECT within the service area as described in thisAgreement under Paragraph 3.
6' The parties agree that ilfv those paragraphs that have a mark ("X") opposite to the PROJECTcategory shall apply to Exhibít A of this Agreement.
sEcTloN 5316AND 5317
ication for a capital assistance grant under 49 usc section s316 or
t Act, as amended, has been certified to the FTA by the sTATE asry and administrative requirements for pRoJEcr approval. Thepurpose of this Agreement is to implement the approved capitalpRoJEcr.
For the purpose of carrying out the PRoJECT, the following described pRoJEcT for newy9!ict9 (not designated _as "used" by Federal Trade Com-mission Agency lã-cpR part
!5^5 1]qX2)) as well as California Vehicle Code Section 100-680), to b-e púrchár"o Oy tt,"coNTRAcTOR pursuant to this Agreement at costs not to exceed t'he estimáted cost specifiedherein:
RLev.09ll3ll2
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Standard Agreement DOT-21 3
ITEM DESCRIPTION
B
ATTACHMENT-2
EXHIBIT A
QUANTITY
City of San Luis Obispo/SLO Transit
642732
Page 2 of 38
AWARD TOTALAMOUNT
Total Cost of PROJECT Equipment
FederalShare 80.00%
TollCredit 2O.OOo/o
Additional Local Share (if any)
PRO_C_q R EM ENT SCH E p U L E
Purchase Order to Vender
Take Delivery/Acceptance
Put into Service
1. The CONTRACTOR's application for a capital assÍstance grant under 49 USC Section S316
and/or 5317 of the Federal Transit Act, as amended, has been certified to the FTA by the
STATE as having met allthe statutory and administrative requirements for PROJECT approval.
The purpose of this Agreement is to implement the approved PROJECT.
2. The CONTRACTOR agrees to perform the PROJECT wÍth the terms and conditions of this
Agreement.
3. For Real Estate Acquisition, the CONTRACTOR must follow the procedures below pursuant to
FTA Circular 5010.1D, 49 CFR Part 18.31; 49 CFR Part24 Subpart B; and by the FTA Master
Agreement, as amended.
A. The conduct of Hazardous Waste Site Assessments before acquiring real property.
B. The conduct of an independent appraisal by a certified appraiser.
G. The requirement for a review appi'aísal of the inÌtial appraisal.
D. FTA review and concurrence requirements related to the CONTRACTOR's offer to buy
the property
E, lncidental use of acquired real property as a means to supplement transit revenues.
F. Dísposition of excess real property by sale, lease, donation, transfer to other programs, or
other conveyance methods.
G. The requirement to prepare an excess property utilization plan for all real property no
longer used for íts original purpose,
STATE shall screen potential projects when they are fírst identified to make an inítial
determination as to which projects clearly meet the FTA's criteria for Categorical Excfusion
(CE) and which projects may require additional documentation. The later should be
coordinated with the FTA regional offíce early in project development so that any necessary
environmenlal analysis and review will not delay implementation. Any project involving new
conslruction of a facility or substantial rehabilitation of an existing facility must be discussed
with FTA to determine the need for information supporting a CE and the appllcability of any
additional environmental requirements. Early coordination is also necessary to identify those
projects for which the CONTMCTOR must prepare an Environmental Assessment (EA). If an
EA is required, further steps to develop the PROJECT will not be authorized (e.g., property
$
$
$
$
$
$
$
4.
Fiev.09ll3l12
Standard Agreement DOT-21 3 ATTACHMENT.2 City of San Luis Obispo/SLO Transit
642732
Page 3 of 38
EXHIBIT A
5.
acquisition, final design, and construction) until FTA makes a final environmental findÍng for the
project.
CONTRACTOR must submit the Plans, Specifications, and Estimate (PS&E) Checklist for any
construction project. CONTRACTOR certifies that the PROJECT was designed and prepared
for advertisement in accordance with 49 CFR Part 18, Uniform AdministratÌve Requirements for
Grants and Cooperative Agreement to State Governments, Federal Transit Administration
(FTA) circular 4220.1F-Third Party Contracts Guidance, FTA Circular 9040.1F - Construction
Management and Oversight, the FTA Projects and Construction Management Guidelines, and
the FTA Best Practices Procurement Manual.
GONTRACTOR understands and agrees that all documents relating to the PROJECT are
subject to review by FTA and/or STATE in order to verify the PS&E certification.
CONTRACTOR must also understand and agree that if deficiencies are found in subsequent
review, the following actions may be taken: .
A. Where minor deficîencies are found, PS&E certification for future projects may be
conditionally approved or not accepted until the deficiencies are corrected.
B. Where deficiencies are of such magnitude as to create doubt that the policies and
objectives of applicable federal and State laws will not be accomplished by the PROJECT,
federal funding may be withdrawn at the discretion of the Office Chief of the Federal
Transit Grants Programs.
For the purpose of carryíng out the PROJECT, the following describes the PROJECT, pursuant
to this Agreement at costs not to exceed the estimated cost specified herein:
Quantity ltem Description Cost
Net PROJECT Cost:
FederalShare:
Toll Credits not to exceed 20% of Net PROJECT Cost
PROCUREMENT SCHEDULE
Date
Preliminary Engineering & Design/PS&E
Environmental Clearance (CEaA/NE PA)
Right of Way/Encroachment Permit
Gonstruction
1. The CONTRACTOR's appfication for an operaling assistance grant under 49 USC Section
5316 or 5317 of the FederalTransitAct, as amended, has been certified to the FederalTransit
Administration (FTA) by the California Department of Transportation (hereinafter referred to as
STATE) as having met all the statutory and administrative requirements for PROJECT
approval. The purpose of this Agreement is to implement the approved operating assistance
grant (hereinafter referred to as the PROJEGT).
2 Operating assistance eligible for reimbursement under this Agreement are costs directly
related to system operations and may include: fuel, oil, drivers' salaries and fringe benefits,
dispatcher salaries and fringe benefits, and licenses. Up to Fifty (50) percent of the net
PROJECT costs are eligible for reimbursement under this Agreement, not to exceed
6
7
$
$
$
c
Flev.09ll3ll2
$No payment shall be made in advance of performance of work.
ATTACHMENT-2Sfandard Agreement DOT-ZIï
D
E
1
A.
B.
c.
D.
E.
F.
4.
$o
$o
$o
Grant Award-Total Cost of pROJECT Equipment:
FederalShare: 80.00% $O
LocalShare: 20.0O% $O
City of San Luis Obispo/SLO Transit
642732
Page 4 of 38
2
EXHIBIT A
I tnohllitv Manaoement
Veh
Project Description and Justification for Funding Request (Replacement or Expansíon);
Proposed service and operating plan (including map of service area);
Existing Transportation Services (current fleet);
Proposed Transportation Services; and
Signed Certifications and Assurances
Board Resolutions of Both parties
3. The PROJECT equipment below was transferred from
Name), SA#lo Name).
ITEM QUANTITY AWARD TOTAL
AMOUNT
$o
$o
$o
The CoNTRACTOR's application for a mobility managemenf grant under 49 usc section5316 or 5317 o'n the FederalTransitAct, as amended, hãs been certified to the FederalTransit
lllmlnistration (FTA) by the California Department of Transportation (hereinafter referred to asSTATE) as having met all the statutory and administrativà requirements for Þno¡rcrapproval. The purpose of this Agreement is to Ímplerunt tnð approved capitat grant(hereinafter referred to as the pROJËCT).
is made a Management projects. Thee Detailed shall bè implemented by theAgreemen the estimaied cost speóifieo
2
The CONTMCTOR's abbreviated application, as attached as Attachment I, is incorporated,herein, and is made part of this Agreement. ln the event the CONTRACTOR,s abbreviatedapplication is in conflict YI! "ny terms or conr itions of this Agreement, this Agreà;ent shallsupersede the CONTRACTOR's application.
The sTATE has evaluated and approved the transfer for vehicle/equipment based on theCONTRACTOR's abbreviated application containing the following ¡nformaïion.
$
P.ø¡.09/l3ll2
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Standard Agreement DOT-Z1}ATTACHMENT-2
EXHIBIT A
7. The PROJECT representatives during the term of this Agreement will be:
City of San Luis Obispo/SLO Transit
642732
Page 5 of 3B
State Agency:Departm ent of Transportation CONT City of San Luis ObispoiSLO
Transit
Name:Sauer Name:John Webster
Title:and NF ch Phone:781-7121
781-
Email:oro
Rev.09l13l12
c6-12
Standard Agreement DOT-21 3
ATTACHMENT-2
City of San Luis Obispo/SLO Transjt
642732
Page 6 of 38
EXHIBIT B
SEG,TJON 531 6,.ANp 531 7
1. IVVO|C|NG & PAYJENT
A. The CONTRACTOR's accounting system and billing procedures are subject to audit by STATEprior to contract award, and accounting records pertaining to work performed and costs bilted toSTATE are subject to audit for a period of three (3) years after date of final payment under thisAgreement. lf the CONTRACTOR fails to retain records such as employee time cards, payroll
records, travel records, equÍpment time and cost records, billings from subcóntractors, materialân¿
equipment suppliers records that are sufficient to permit audít verification of the vaiiOity of costscharged. to STATE, the CONTRACTOR will be liable for reimbursement to StAîf of a¡lunsubstantiated bill ings.
B. Funds allocated for use on this PROJECT are payable to the CONTRACTOR after execution of
ission to the srATE (in triplicate), of a signed coNTRAcroR's request
ng: ('1).invoice amounl (2) project summary of expenses, and (3) FTA
Twice Yearly Awards/Commitment and Actual payment Form.
C' Upon review and approval by the STATE, STATE agrees to reimburse the CONTRACTOR for
allowable costs based on 2 CFR, Part225, [previously Office of Management and Budgets (OI\48)
Gircular A-87)1, and 49 cFR, Part 18, upon r:ceipt of an invoice that isltemized per fxfrjo¡t È, coriWorksheet, and othen¡vise meets the requirements of thís Standard Agreement. lncomplåte ordisputed invoices shali be returned to C )NTRACTOR, unpaid, for correction and must beresubmitted to STATE prior to the payment of the invoice.
D' mized in Exhibit E, Cost Worksheet, or Project Budget
lication, a hall include originar signed invoices, ând proof-of
, supplies nd for travel describíng the purpose of travel as it
sheet, cla urly rates, and identification of work to be reimbursed
lol Jh_e payment period, indirect costs, and subcontractor costs itemized similar to those of theCONTRACTOR, as set forth ín the Cost Worksheet.
E. The net PROJECT cost and the ability to allow individual items of PROJECT cost shall bedetermined in conformance with CFR 48, Federal Acquisition Regulations (FAR), Chapter 1, párt
31, 2 CFR Parl 225 FAR Subpaft 31.2, "Contracts with Commôrcial Orgänizations,'i and other
applicable regulations, circulars, or memorandums that may be issued ny ffA.
F. Upon successful completion of the PROJECT or upon termination by STATE, the parties shall
delermine the amount of compensation, if any, to be repaid by the COTTRRCTOR io STATE ínorder to avold any STATE liability to FTA due to payments erroneously made to the
CONTRACTOR in excess of the total PROJECT amount eligibie for Federal reimbursement.
2. The parties agree that only those paragraphs that have a mark ("X") opposite to the pROJECT
category shall apply to this Agreement.
A.
1 For services satisfactorily rendered, and upon receipt and approval of the invoices, the basis ofpayment for the services provided under this Agreement shall be reimbursement jn arrears for
actual allowable costs. The request(s) for reimbursement shall certify that the CONTRACTOR
has paid wages and salaries, and shall list the various salary and otñer accounts to which the
Rev. 09/13/12
c6 - 13
Standard Agreement DOT-213 ATTACHMENT-2 City of San Luis Obispo/SLO Transit
642732
Page 7 of38
EXHIBIT B
grant funds wjll be applied. Upon receipt of these invo ices, the STATE shall reimburse the
CONTRACTOR up to Eighty (80) percent of the totat PROJECT cost but not to exceed
$
Agreement. Project invoices shall be submitted in triplicate not more frequen¡y
arrears and must include the Agréement Number. project must bé. Final invoices are due to the STATE to the D
Transportation, JARC and New Freedom Branch on or before
than monthly ín
completed by
ivision of Mass
5
2. The STATE's obligations to the CONTRACTOR under the terms of this Agreement shall
terminate upon payments of CONTRACTOR's invoice(s) for the FTA allowable portions of said
equipment costs. The request(s) for reimbursement shall certify that the CONTRACTOR hasreceived the equipmenUmaterials and shall be submitted together with copies of the
equipment/materials of vendor's invoices, and the CONTRACTOR's purchase orders. The
CONTRACTOR's invoices and the vendor's invoices shall be consisteni internally and with thepurchase order and wn of equipment unit costs, sales tax, registrationfees, and any other id purchase orders, includíng items and costs not
reimbursable under items not subject to sales tax. the latter includes
"items and materials when used to modify a vehicle for physically handicapped persons,', which
are exempt from sales tax under Revenue and Taxation Code Section 6369.4.
-
3. The CONTRA_CTOR shall comply with 2 CFR Part 225 (formertyd Budget (oMB) circular A-87) and certifies that ail diiect aná
owable. All direcf costs, even for project administration activities,
must be adequately supported with proper documentation, lndirect costs must be supportedby an approved Cost Allocation Plan (C iP) and/or lndirect Cost Rate proposal. The
CONTRACTOR shall obtain approval from the STATE's Audits and lnvestigations Office of the
CONTRACTOR's CAP prior to submitting any invoices for payment for theÞRoJEcT. tndirect
charges incurred prior to plan approval by the STATE is not an allowable expense. TheCONTRACTORs that_are private for-profit organizations must comply with 48 Cfn SuOpart
31 .2, "Contracts with Gommercial Organizatíons."
4. No advance payment will be made for the PROJECT. Reimbursements will only be allowed
after execution of this Agreement for submission of the appropriate purchase ordeis, receipt of'all invoices and the full delivery of all equipment described in Exhibit A of this Agreement.
Reimbursement will only be allowed for pr rchases made after the effective date of this
Upon successful completion of the PROJECT or upon termination by STATE, the parties shall
determine the amount of compensation, if any, to be repaid by the ôorufnnCfOif to STATEin order to avoid any STATE lîability to FTA due to payments erroneously made to the
CONTRACTOR in excess of the total PROJECT amount eligible for Federal reimbursement
B
6. As specified în Exhibit D, Section 4.Useful Life Standard.this Agreement will expire upon the
PROJECT meeting its usefullife period but not before
1. For services satisfactoríly rendered, and upon recei pt and approval of the invoices, the basis ofpayment for the services provided under this Agreement shall be reimbursement in arrears for
actual allowable costs per 2 CFR, Parl225 previously and 49 CFR, Part 18. The request(s) for
reimbursement shall certify that the CONTRACTOR has paid wages and salaries, and shall list
the various salary and other accounts to which the grant funds will be applied. Upon receipt
of these invoíces, the STATË shall reimburse the percent of
Rev. 09/13/12
the total PROJECT cost but not to exceed $
CONTRACTOR up to Eighty (80)
-14
Standard Agreement DOT-2I g
6
ATTACHMENT-2
EXHIBIT B
City of San Luis Obíspo/SLO Transit
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2. Ihe STATE's obligations to compensate the CONTRACTOR under the terms of thisAgreement shall terminate upon payments of CONTRACTOR's invoice(s) for the FTAallowable portions of said Real Estate Acquisition/Construction costs. the request(s) forreimbursement shall cerlìfy that the CONTRACTOR has received the equipmenumaterials andshall be submitte_d together with copies of the equipmenUmaterials of vendor's invoices, ànãthe CONTRACTOR's purchase orders. The CONTRACTOR's invoices and the vendor'sinvoices shall be consistent internally and with the purchase order and shall include abreakdown of equipment/materialunit costs, sales tax, and any other items procured with saidpurchase orders, including items and costs not reimbursable under this P¡ìOJECT and anyItems not subject to sales tax.
3' The net PROJECT cost and the allowable individual items of PROJECT cost shall bedetermined in conformance with CFR 4S, Federal Acquisition Regulations (FAR), Ghapter 1,Part 31,2 CFR Part225 (OMB Circular A-87), "Cost Principles ior State,Locai, and lndianTribal Governments", FAR SubpartSl.2, "Contracts wíth CommercialOrganizations," and otherappficable regulations, circulars, or memorandums that may be issued uv rrn.
4' The CONTRAIIqR shall comply with 2 CFR, Part Z2S (formertyd Budget (oMB) circular A-87) and certifies that all diiect anáowable. All direct costs, even for project administration activities,
31 .2, " Conlracts with Commercial Organizatio
5. No payment will be made for Real Estate Acquisition/Construction in advance of purchase or atany stage of PROJECT completion. Reimbursements will only be allowed after execution ofthís Agreement for submission of the appropriate purchase orãers, receipt of all invoices andthe full delivery of all equipment and consumption of materials describeb in Exhibit A of thisAgreement. Reimbursement will only be allowed for purchases/consumptíon made after theeffective date of this Agreement. Project invoices shall be submitted in triplicate not morefrequently than monthly in arrears and must include the Agreement Numbei. fncomplete orerroneous invoices shall be returned to the CONTRACTOR, unpaid, for correction. project
must be completed by
-.
Final invoices are due to the StetE oñ orbefore
Upon successful completion of the PROJECT or upon termination by STATE, the parties shalldetermine the amount of compensation, if any, to be repaid by the COrufnn-CfOif to STATEin order to avoid any STATE lîability to FTA due to payments erroneously made to thãCONTRACTOR in excess of the total PROJECT amount etigìble for Federal reimbursement.
C
7. As specified in Exhibit D, Section 4 Usgful Lif.e Standard,this Agreement will expire upon thePROJECT meeting its usefuttife p eriod but not before
n
1 For services satisfactorily rendered, and upon receipt and approval of the invoices, the basis ofpayment for the services provided under this Agreement shall be reimbursement ín arrears foractual allowable costs. The STATE wíll reÍmburse the coNTRAcToR for actual allowable
Piev.09ll3ll2
c6 - 15
ATTACHM
Standard Agreement DOT.21 3 City of San Luis Obispo/SLO Transit
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EXHIBIT B
costs, per 2 CFR Part 225 Íncluding, but not limited to, employee benefits and overhead,incurred after the effective date of this Agreement.Not more than once a month, theCONTRACTOR may submit to STATE s igned invoices Ín triplicate with enough detailto assurethat costs are eligible and allowable under this Agreement. Upon receipt of these signedinvoices, STATE shall reimburse the CONTRACTOR up to Fifty (b0) percent of the totaloperating cost, not to exceed No payment shall be made in advance ofperformance of work.
2. The PROJECT period for which transit operational expenses are eligible for reimbursementunder this Agreement is the period from
6.
3, The net PROJECT cost and the allowable individual items of pROJECT cost shall bedetermined in conformance with CFR 48, Fgderal Acquisitíon Regulations lfnn¡, Chapter 1,Part31,2 CFR Parl225 and FAR Subpart 31.2, "Coniracts with commercàl Oiganizátions,;and other applicable regulations, circulars, or memoranda that rnay be íssued by FTA.
4' The CoNTRA_CTOR shall comply with 2 cFR part 225 (formerlyd Budget (oMB) circutar A-87) and certifies that ail diiect andowable. All direct costs, even for project administration activities,
ed with proper documentation. lndirect costs must be supportedcation PIan (cÂp) and/or rndirect cost Rate proposar. The
coNrRAcroR's cAp p,¡o, ,T!,louH",tt'""J"lf "t"tåt"iìiifi",XiÎåJifJii'å:t3{l'î,,':t l"îcharges incurred prior to plan approvat by the STATE is not an allowable expense. TheCONTRACTORs that are private for-profit organízations must comply with 49 CFR Subpart
31 .2, "Contracts with Commercial Organizations.,,
5. Reimbursemen
appropriate purc
cribed in Exhibit
made after the
arrears and musr ¡t9!9og the Agreem"nt N,lTdn'1,.:''iffHj:,'"T':,.Läi"#'t"fflJ:itjiu:
returned to the CONTRACTOR, unpaid, for correction. Final invoices are due to the STATE tothe Division of Mass Transportalion, JARC and New Freedom Branch on or before
Upon successful completion of the PROJECT or upon termination by STATE, the parties shalldetermine the amount of compensation, if any, to 6e repaid by the CONrnn'CrOir to STATE
!-9fgT !9 !ryid any STATE liability to FTA due to payments erroneousty made to theCONTRACTOR in excess of the total PROJECT amount et¡gíOle for Federal reimbursement.
7 The Agreement expires on
incurred for the PROJECT
after which time no reimbursable costs
from the CONTRACTOR shall be paid
D ! iuqbilitv Manaqenent,,pro¡ect
For services satisfactorily rendered, and upon receipt and approval of the invoices, the basis ofpayment for the services provided under this Agreement shall be reimbursement in arrears foractual allowable costs. .The request(s) for reimbursement shall certífy that the coNTRAcToRhas paid wages and salaries, and shall list the various salary and other accounts to wn¡cn tnegrant funds will be applied. Upon receipt of these invoiceê, the STATE shall reimburse the
1
Rev.09l13ll2 c6 - 16
Standard Agreement DOT-219 City of San Luis Obispo/SLO Transit
642732
Page 10 of3B
EXHIBIT B
CONTRACTOR u p to Eighty (80) percent of the total pROJECT cost but not to exceed$r2.500.00.
2' The PROJECT period for which transit expenses are eligible for reimbursement under thÍsAgreement is rhe period from tór¿ t" ¡ánuaru"Cì, zoii.-
3. The STATE's obtigations to the CONT
terminate upon payments of CONTRACTO
equipment costs. The request(s) for rei
receíved and accepted the equipment
equipment vendor,s invoices and
CONTRACTOR's invoices and the vendor,s
purchase order and shalf include a breakdo
fees, and any other items procured with sa
reimbursable under this p
"items and materials when
are exempt from sales tax
4. The net PROJ
determined in c st shall be
part 31 ,2 cFR chapter 1,
and other applic anizations,"
FTA.
S. The C
d Budg
owable,
6. No advance payment will be made for the p
after execution of this Agreement for submissall invoices and the full delivery of all eq
Reimbursement will only be ailowed foi
Agreement. project invoices shall be subm
arrears and must include the Agreement N
Division of Mass Transportat¡on, .IARC and
7 ' lnvoices shall be ítemized in accordance with the Detailed lmplementation plan and shallÍncorporate PRoJEcr progress, including dates of r".¡óá, tasks partially or fully compfeied,and hours worked.
8. ROJECT o
on, if any,
ity to FTA
PROJECT
I' The Agreement exPireson E4æ14g10, after which time no reimbursable costs incurred forthe PROJECT from the COIWnRCTO-R strail be paid.
Rev.09/l3l12 c6-17
ATTACHMENT-2
City of San Luis Obispo/SLO Transit
642732
Page11of38
Standard Agreement DOT-21 3
EXHIBIT B
2. BUDGET CONTINGENCY CLAUSE
A. lt is mutually agreed that if the Budget Act of the current year andlor any subsequent years covered
under this Agreement does not appropriate sufficient funds for the program, this Agreement shall
be of no further force and effect. ln this event, the STATE shall have no liability to pay any funds
whatsoever to CONTRACTOR or to furnish any other considerations under this Agreement and
CONTRACTOR shall not be obligated to perform any provisions of this Agreement.
B. lf funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program,
the STATE shall have the option to either cancel this Agreément with no liability occurring to the
STATE, or offer an Agreement amendment to CONTRACTOR to reflect the reduced amount.
C. The CONTRACTOR agrees that it will provide funds in an amount sufficient, together with the
grant, to assure payment of those actual total net PROJECT costs. The funds provided shall
ínclude sufficient funds from other eligible sources to provide the PROJECT local matching
requirements in accordance with Safe Accountable Flexible Efficient Transportation Equity Act: A
Legacy for Users and FTA Circular 9045.1 and 9050,1.
D. lt is the parties' intention that grant funds will be available for expenditure for three fiscal years,
commencing with the State fiscal year that this Agreement is entered into. ln the event that funds
are not appropriated for the purpose of this Agreement in an amount sufficient to allow the
encumbrance of grant funds in accordance with this paragraph, the parties agree that this
Agreement will terminate at the end of the fiscal year for which funds have been encumbered. The
CONTRACTOR's obligatîons under this Agreement shall remain in effect until the PROJECT is
completed under the terms of this Agreement. Upon expiration date of this Agreement the
unreimbursed funds will revert and no further invoices can be paid to CONTRACTOR.
3. PROMPTPAYMENT CLAUSE
A, ln the event the CONTRACTOR is a certified small business or similar entity, but not a public
agency, the STATE shall make payment within 45 days in accordance with Government Code
Chapter 4.5 Section 927.
B. The CONTRACTOR shall pay any thírd-party CONTRACTOR not later than 10-days of receipt of
each progress payment unless a longer period is agreed to in writing, as cited in the California
Business and Professions Code, Section 7108-5.
C. Should the CONTRACTOR choose to include retainers in third-party contracts, the CONTMCTOR
must adhere to the requirements of Section 7108.5 as cited above, The CONTRACTOR must
ensure prompt and full payment of retainage to third-party CONTRACTORS no later than 30 days
after the third-party CONTRACTOR's work is satisfactorily completed, as cited in 49 CFR Part
26.29.
4. PROJE_CT FAYMENT GLOSE OI.JT
A. CONTRACTOR agrees that once PROJECT ís complete, any remaining balance will be returned to
the STATE for distribution or reallocation of future grants in support of the FTA Section 5316 and
5317 programs,
B. Upon successful completion of the PROJECT or upon termination by STATE, the partles shall
determine the amount of compensation, if any, to be repaid by the CONTRACTOR to STATE ín
Piev.09l13l12
)
ATTACHMENT-2
Standard Agreement DOT-213 City of San Luis Obispo/SLO Transit
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Page12of38
EXHIBIT B
order to avoid any STATE liability to FTA due to payments erroneously made to the
CONTRACTOR Ìn excess of the total PROJECT amount eligible for Federal reimbursement.
Rev. 09/13/12
Standard Agreement DOT'21 3 City of San Luis Obispo/SLO Transit
642732
Page 13 of38
ATTACHMENT-2
EXHIBIT C
GENERAL TERMS AND CONDIT¡ONS FOR ALL FEDERAL GRANT PROGRAM
he CONTRACTOR is the subrecipient as referenced
ation Equity Act: A Legacy for Users (SAFETEA-
funds the CONTRACTOR agrees to comply with
directìves and administrative requirements which
from FTA including but limited to the USDOT FTA
C 9070,1F, Elderly lndividuals and lndividuals with
ructions, or FTA C 9040,1F, Nonurbanized Area
lnstructions, or FTA C 9045'1, New Freedom
FTA C 9050.1, The Job Access and Reverse
ion lnstructions'
2. Approval.
A. Except as provided herein this Agreement is of no force or effect until signed by both parties and
approved bY the STATE.
B.TheSTATEreservestherighttosignandapprovetheAgreementprovidedhowever,the
commencement of work should noin*äutnor¡zed until the expenditure of fe_deralfunds has been
authorized OV tf.'" fià for a specific Federal fiscal year' The CONTRACTOR may not commence
performanceuntilfederalauthorizationhasbeenobtained.
C. lt is mutualìy understoo¿ may have been written before
ascertaining the availabil¡ riation of funds, for ihe mutual
benefit of both parties in o t would occur if the Agreement
were executed after the determination was made'
if sufficient funds are made available to the STATE
alifornia State Legislature for the purpose of this
ct to any additional restrictions, lirnitations, conditions'
the State Legislature that may affect the provisions'
ner.
E. lt is mutualty agreed that if the congress or the state Legislature does not appropriate sufficient
funds for ttre pìãgram, this Agreemeñt shall be amended to reflect any reduction in funds'
ording to the laws of the State of California,
t apply; as to those provisions where federal
tive orders of the federal government shall be
STATE for mutually agreed appropriate ch
shall proceed, as soon as is possible, with PROJECT'
G. No issuance of a Standard Agreement or amendments will be provided until proof of the project
has been programmed and is in an approved FSTIP'
" lf a CONTRACTOR materially fails to comply with anyr' moneys due STATE, the STATË may take one or more of
the following actions:
Fiev,07ll0ll2
4.
ATTACHMENT-2
Standard Agreement DOT -213 City of San Luis Obispo/SLO Transit
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Page '14 of 38
EXHIBIT G
A. Disallow or temporarily withhold cash payments pending correction of the deficíency by the
CONTRACTOR.
B. Wholly or partially suspend or terminate the current award for the CONTRACTOR's pROJECT.
G. Withhold future aùards to the CONTRACTOR for the program.D. Withhold or demand a transfer of an amount equal to the amount paid by or owed to STATE from
remaining grant balance and/or future apportionments, or any other funds due CONTRACTOR
from the Federal Trust Fund or any other sources offunds.E. Take other remedies that may be legally available.
Timeliness. Time is of the essence in this Agreement and shall be signed and returned by the
CONTRACTOR within 90 calendar days after mailing. ln the event thís Agreement is not signeá and
returned within 90 days of mailing, the PROJECT identified in Exhibit A of this Agreement frım FTA's
grant award may be withdrawn and cancelled at the STATE's discretion.
B.ln submitting a bid to a public purchasing body, the bidder offers and agrees that ìf the bid is
accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of
action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright
Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Busíness anO
Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to
the purchasing body pursuant to the bid. Such assignment shall be made and become effective at
the tíme the purchasing body tenders final payment to the bidder. Government Code Section 4552.
lf an awarding body or public purchasing body receives, either through judgment or selflement, a
monetary recovery for a cause of action assigned under this chapter, the assignor shall be entiiled
to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the
5. Amendment. No amendment or alteration.of the terms of this Agreement shalt be valid unless
submitted in writing, signed by the parties and approved as required. No oral understanding or
agreement not incorporated in this Agreement is binding on any of the partíes. Amendments shail be
signed and returned by the CONTRACTOR within g0 calendar days after mailing. .ln the event this
Agreement is not signed wíthin g0 days of mailing, the PROJECT identified in Ëxhibit A of this
amendment from FTA's grant award may be withdrawn and cancelled at the STATE's discretion.
6. Assignment. This Agreement Ís not assignable by the CONTRACTOR, either in whole or in part,
without the consent of the STATE in the form of a formal written amendment,
7. lndependent Çqntiactor. The CONTRACTOR, and the agents and employees of the CONTRACTOR,
in the performance of this Agreement, shall act in an independent capacíty and not as officers oi
employees or agents of the STATE.
8. Antitrust CIaíms. The CONTMCTOR by signing thís Agreement hereby certifies that if these servÍces
or goods arê obtained by means of a competitive bid, the CONTRACTOR shalf comply with the
requirements of the Government Codes Sectíons set out below.
A. The Government Code Chapter on Antítrust claims contains the following defínitions:
1. "Public purchase" means a purchase by means of competitive bids of goods, services, or
materials by the STATE ot any of its political subdivisions or public agencies on whose behalf
the Attorney General may bring an action pursuant to subdivision (c) of Section 16700 of the
Business and Professions Code.
2. "Public purchasing body" means the STATE or the subdivision or agency making a public
purchase. Government Code Section 45b0.
U
Plev.09tl3/12 c6-21
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EXHIBIT C
public body any portion of the recovery, including treble damages, attributable to overcharges that
were paid by the assignor but were not paid by the public body as part of the bid price, less the' expenses incurred in obtaining that portion of the recovery. Governmenl Code Section 4553.
D. Upon demand in writing by the assignor, the assignee shall, within one year from such demand,
reassign the cause of action assigned under this part if the assignor has been or may have been
injured by the violation of law for whích the cause of action arose and (a) the assignee has not
been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See
Government Code Section 4554.
9. Child Suppgrt 9qfnpliance Act. "For any Agreement in excess of $100,000, the CONTRACTOR
acknowledges in accordance with Public Contract Code 7110, that:
A. The GONTRACTOR recognizes the importance of child and family support obligations and shall
fully comply with all applicable state and federal laws relating to child and family support
enforcement, including, but not limited to, disclosure of information and compliance with earnings
, assignment orders, as provided in Chapter I (commencing with section 5200) of Part 5 of DivisionI of the Family Code; and
B. The CONTRACTOR, to the best of its knowledge is fully complying with the earnings assignment
orders of all employees and is providing the names of all new employees to the New Hire Registry
maintained by the California Employment Development Department."
10. Unenf"orceeble Provision. ln the event that any provision of this Agreement is unenforceable or held to
be unenforceable by a court of competent jurisdiction, then the parties agree that all other provisions of
this Agreement have force and effect and shall not be affected thereby.
11. Prioritv Hiring.Co.nsiderations: lf this Agreement includes services in excess of $200,000, the
CONTRACTOR shall give priority consideration in filling vacancíes in positions funded by the
Agreement to qualified recipients of aid under Welfare and lnstitutions Code Section 11200 in
accordance with Pub. Contract Code $10353.
12. State Manaqe.ment Plan. The STATE is designated by the Governor to administer the FTA Section
5310,5311,5316 and 5317 programs in California. The implementation and administration of the FTA
programs are outlined in the each program's State Management Plan and is available at the
Department of Transportation, Division of Mass Transportation website at,
http : //wvt¡rrt. d ot. c a. g.oì¡-/h q /M a s sTra n s/.
13. Annual Gertification and Assurance.ç.. As requested by the STATE, the CONTRACTOR must complete
and submit to the STATE the annual FTA Certifications and Assurances for Federal Transit
Administration Assistance Programs, Certifications and Assurances Checklist and SÍgnature Page to
be provided by STATE.
14. Exglusiqnarv or Discriminaþ.ry Specifications. Apart from inconsistent requirements imposed by
Federal statue or regulations, the CONTRACTOR agrees that it will comply with the requirements of 49
U.S.C. Section 5323(hX2) by refraining from using any Federal assistance funds awarded by STATE
on behalf of the FÏA to support procurements using exclusionary or discriminatory specificatîons.
15. Buv America, The CONTRAGTOR shall comply with the Buy America requirements of 49 USC 5323(j)
and 49 CFR Part 661 for all procurements of steel, iron and manufactured products used in PROJECT.
Buy America requÍrements apply to all purchases, includíng materials and supplies funded as operating
costs, if the purchase exceeds the threshold for small purchases (currently $100,000). Separate
Rev.09113/12 c6-22
ATTACHMENT-2Standard Agreement DOT-213
EXHIBIT C
requirements for rolling stock are set out at49 usc5323(j)(2)(c) and 49 cFR 661.11. Rolling stockmust be assembled in the United States and have a oO percänt domestic content.
16. U,S. Flaq Requirements.
A. Shipments by ocean Vessel. For third-party contracts that may involve equipment, materials, orcommodities which may be transported by ocean vessels, tne C-OTTRACTOd and subcontràcioi"must comply with 46 U.S-c. Section 55303 and 46 CFR Part 381, "Cargo preference-U.S. Ê"gVessels."
B. Shipmentspropertybytsoffederallyassisted
Act and 4g with the ,Fly America,,
301_10.131 and 41 CFR Sections
c- Project Travel. ln accordance with 49 u.s,c. 40118 and 41cFR part 301-10, the CoNTRACTORand all subcontractors are required to use U.S. Flag air carriers for U.S. Government-financedinternational air travel and transportation, to the extentìuch service is available or applicable: --
17.
charged to the PROJECT including properly executed payrolls, time records, invoíces and vouchers.
18' NTRACTOR hereby warrants that it carrÍes Workers' Compensation
who will be engaged in the performance of this Agreement. lt staffdefined as independent contractors, this crause does not appry.
19' The CONTRACTOR is required to comply with ail applicable requirementser Safety Administration regulatÍons and the Caliiornia vehicle CodËthe requírement that all vehicle operators have a valid Sate of Californ¡ãy special operator license that may be necessary for the type of u"l.,i"fðoperated.
20. for meeting s of
The requir be
mance with nes
audits mad the
OMB CircularA_133. charge to this PROJECT, to the extent provided by
2'l' TOR and all subcontractors shall maintain all books, documents,
her evidence pertaining to the performance of this Rgreement- Àli
vailable
-at their respective offices at all reasonable tirñes aurin! tfrðperformance period and for three (3) years from the daie of fínat payment unueitÀis Agreement ;"ld ;isubrecipient contracts.
22' Examination of Recordg' STATE'S Audits Office, the State Auditor General, and any duly authorizedrepresentative of the Federal government shall have access tci any books, récords, and dócuments oithe coNTRAcToR and its subcontractors that are pertineÁt to this Agreement for audits,examinations, excerpts, and transactions, and copies theieof shall be furnishãd if requested Th;
City of San Luis Obispo/SLO Transit
642732
Page 16 of 38
Rev.09/l3ll2 c6-23
Standard Agreement DOT-213
ATTACHMENT-2
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EXHIBIT C
CONTRACTOR shall include a clause to this effect in eve ry subcontract entered into relative to thePROJECT
23. Exa.mination éf Açqountinq. The CONTRACTOR'S accounting system and billing procedures aresubject to audit by STATE prior to conlract award, and acôounting records pertaining to workperformed and costs bilfed to STATE are subject to audit for a period ıf three (3) years afíer oate offinal payment under this Agreement. lf the CON' fails to retain recoàé sucn "" uròiãV""time cards, payroll records, travel reco time and cost records, bittings fiomsubcontractors, material and equipment sup records that are sufficient to permii audit veiification
of the validity of cost charged to STATE, the TRACTOR will be liable for reimbursement to STATEof all unsubstantíated billings.
24. Repoftinq Formg. The CONTRACTOR shall furnish STATE with any additional reports or data thatmay be required by FTA or other federal agencies. Such reports and/or data will be submitted onforms provided by STATE.
25. Debarment and suspension. The coNTRAcroR agrees as follows:
A. The CONTRACTOR agrees to comply with the requirements of Executive Order Nos. 12549 and12689, "Debarment and Suspension," 3'l U.S.C. Sectíon 6101 note; and U.S. DOT regulations onDebarment and Suspension and 49 CFR part29.
B. Unless otherwise permi R agrees to refrain from awarding any third_party contract of any a sub-agreement of any amount witti á party
included in the "U.S. G s (U.S. GSA) List of Þarties Excluded iromFederal procurement o rogram,,, implementing Executive Order Nos. 12549and 12689, "Debarment and suspension" and 49 CFR Part2g. rné l¡st also include the names ofparties debarred, suspended, or otherwise excluded by agencies, and contractors declared
ineligible for contract award under statutory or reguiatory aúthoiity other than Executive Order Nos.
12549 and 12689.
C. nts with any subrecípie agrees to
certification from each containing
suspension status and ion of thal
ed at 49 CFR Part 29.
D' Before entering into any third-party contract exceeding $25,000, the 6ONTRACTOR agrees toobtain a debarment and suspension certification from each third-party contractor
"oîtaininginformation about the debarment and suspension status of that third-óarty contractor'and its"princípals," as defined at 49 CFR 29.105(p). The CONTRACTOR also agiees to require each
third-party contractor to refrain from awarding any third-party sub-contract ıf any amount (at anytier) to a debarred or suspended sub-contractor, and to obtain a similar certificatión from any third-party subcontractor (at any tier) seeking a contract exceeding g2s,000.
26' Compliance with Federal Statutes. During the performance of this Agreement, the CONTRACTOR, itsassignees and successors in interest, agree to comply with all Federal statutes and regulatiäns
applicable to grantee recipíents under the Federal Transit Act, including, but not fimited to the fıllow¡ng:
A. Race, Color, 9f"_"9, Nationat Origin, Sex - ln accordance with Title Vl of the Civil Rights Act, asamended, 42 U.S.Ç, $ 2000e, and Federal transit laws at 49 U.S.C, g 5932, the COÑTRACTORagrees to co-mply with all applicable equal employment opportunity requirements of U.S.Department of Labor (U.S. DoL) regulations, "office of Federaì
'Contraıt
Compliance programs,
Equal Employment Opportunity, Department of Labot," 41 C.F.R. parts 6ó et seq., iwhich
Rev.09ll3ll2 c6-24
Standard Agreement DOT-Z1 g ATTACHMENT-2
EXHIBIT C
City of San Luis Obispo/SLO Transit
642732
Page 18 of 38
ent Opportunity," as amended by
246 Relating to Equal Fmployment
e Federal statutes, executive orders,
construction activities undertaken in
OR agrees to take affírmative action to ensure thats are treated equally during employment, without
n, sex, or age. Such action shall include, but not beg, demotion or transfer, recruitment or recruítment
or other forms of compensatíon; and selection for
, the CONTRACTOR agrees to comply with any
B. Nondiscrimination. The GONTRACTOR.w|Ih regard to the work performed by it during theiontract term shall act in accordancq with Title ù1. Sfecificalty, tnä COÑfnnCTOR sha¡ notdiscríminate on the basÎs of race, color, nalional. origin, religioñ, sex, age, or disability in theselection and retention of subcontractors, i rcluding procurement of materÍals and teäses otequípment^ :Bl !o! participate either directly or indirecfly in thediscrimination 2l.S .of the U.S. DOT's Règutations, inctuOing "rpfoyràntpractices whe program whose goal is employment. Further, ln acàorárn"ewith Section with Disabitities I 42 U.S.C. S 121 12, theContractor agrees that it will comply wit Employmeni OpportunityCommission, "Regulatiofrs to lmplemen ns of the Americans withDisabilities Act," 29 C.F'R. Part 1630, íng to employment of persons with disabilities. lnaddition, the Contractor agrees to comply with añy implemening requiróments FTA may issue.
C. Solicitations for Subcontracts lncluding Proeurements of Materials and Equipment. ln allsolicitations, either by competitive bidding or R for work to beperformed under a subcontract, includíng proc equipment, eachpotential subcontractor or supptier shall be noti CONfnnCîOn,i
obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds
of race, color, or natíonal origin.
D' dl provide all information and reports requíred by
thereto, and shall permit access to its books,
and ils facílities as may be determjned by the
compliance with such Regulations or direclives.
is in the exclusive possession of another who failsor refuses to furnish this informatíon, the coNTRAcToR shall so òertify to the sTATE or the FTÁas appropriate, and shall set forth what eflorts it has made to obtain the information.
E' ln accordance with 49 CFR Pa¡t 21 and as described in FTA Circular 4T02.'1, and the CaliforniaDepartment of Transportation Tifle Vl program
CONTRACTOR shall comply with the following
also responsible for ensuring compliance of eacñ
1. Provide an Annual Tifle Vl Certification and Assurance.
2, Establish and maintain Tifle Vl complaint procedures.
3. Record Title Vl investigations, complaints, and lawsuits.
4. Provide meaningful access to Limited English proficient persons.
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5. Notify beneficiaries of protection under Tiile Vl.
6. Provide additional information upon request.
7. Prepare and submit a Tifle Vl program.
8. Guidance on conducting an Analysis of construction pRoJECT'S.
9, Guidance on promoting lnclusive public participation.
F' Sanctions for Noncompliance. ln the event of the CoNTRACToR's noncompliance wìth thenondiscrimìnation provisions of this Agreement, the STATE shall impose such contract sanctionsas it or the FTA may determine to be appropriate, including, but not limited to:
1' Withholding of payments to the CONTRAGTOR under the Agreement untit the CONTRACïoRcomplies, andlor
2- Cancellation, termination or suspension of the Agreement, in whole or in part.
G' OR shall include the provisions of these paragraphs
procurements of materials and leases of equiþment,
s issued pursuant thereto. The CONTRACTOR wÍti
with a subcontractor or supplier as a result of
STATE to enter Ínto such litigation to pr
CONTRACTOR may request the United S
of the United States,
27. Dis?dvantFqed Business Enterprise. The CONTRACTOR agrees to:
A' Comply with u.S- DoT regulations, "Participation by Disadvantaged Enterprises in Department ofTransportation Financial Assistance Progrârns", 49 CFR ParI2ó and will'cooperate with STATEwith regard to maxÍmum utilization .of disadvantaged business enterpr¡."",
"ñJ *ìll ;;' it"'il;efforts to ensure that disadvantaged.business entãrprises shall have ïhe mãx¡mum opportunity tocompete for sub contractual work under this Agreement.
B' Complete and submit to STATE a DBE lmplementation Agreement with the DOT-213 StandardAgreement' STATE shall provide the lmplementation Agreement to the cONTRAcTon pi¡"iiãvehicle ordering.
C' Report twice annually on DBE participation Ín their contracting opportunities; theiraward/commitments and actual payments.
D' The recipient shall not discrimjnate on the basis of race, color, natÍonal origin or sex in the awardand performance of an or in the administratioñof its onE progrãrnoithe requirements of 49 DBE program, as required by 49 crnÞart iéand as approved by u' ference iñ Úris'Rgre"ráni. lmptementation ofthis program is a legal carry out its terms shall be treated as a violation ofthis Agreement. upon notification to the recipient ór its failure to carry ori it"-"pptoved program,the STATE may impose sanctions as provided for under parl26 and *áy, in appropriate cases,
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refer the matter for enforcement under 1s u.s.c. 1001 and/or the Program Fraud civil RemediesAct of 1986 (31 U.S.C, 3801 et seq.).
E. ent
the
49
the
aY I e termination of this contract or such other remedy asthe recipient deems appropriate.
28. The CONTRACTOR wiil
with Disabilities Act and
nded.
29. accepts the
Urban and
on May 31,
30' Public Lands. The coNTRAcToR agrees to refrain from using in its pRoJECT any publicty ownedland from a park, recreation area, or w¡lol¡te or waterfowl refuge óf National, Staie, or local sÍgnificanceas determined by the-Federal, State, or local offícials havingjurisdictíon thereof, and also refrain fromusing in its PROJECT any land from a historic site of Nat¡o-nå|, state, or locãl significance unless theFederal Government makes the specific findings as required by ¿g u.s.c, f ãıs.
31. Enersy Conservation. The CONTRACTOR the mandatory energy efficiencystandards and policieswithin the applicable S n plans issued in compliance withthe Energy Policy and Conservation Act, 42, U.S.
32' The CONTRACTOR warrants that it has not paid, and also agrees not to pay,on for the purpose of obtaining an approval of its application for these fundsnce of this Agreement.
33. Confljct of lnlerest.
A' ln accordance. with 41 u,S-c. $ 22, no member of or delegate to the Congress of the united statesshall be admitted to any share or part of this Agreement or to any benefit arising there from.
B. The CONTRACTOR certifies t s of its governing body shall avoidany actual or potential conflic r or emþloy"e *lho "í"r"irãs "nyfunctions or responsibilities in hall have any personal financialinterest or benefit which either direcfly or indire is Agreement.
C' The coNTRACToR shall establish safeguards to prohibit Íts employees or its officers from usingtheir positions fo1 a purpose which could- resutt in'priuåt" ga¡n oi *îi"h givð, the appearance ofbeing motivated for private gain for themselves or others, [arilcularly thoıe with wrrórir tne/nãvefamily, business, or other ties.
D. The CON
officer or are held by a currentemproyee ilÍå+¿iiì,,lg¡J:tremployee
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1. Using an official positíon for private gain;
2. Giving preferential treatment to any particular person;
3. Losing independence or impartialíty;
4. Affecting adversely the confidence of the public or local officials
program.
in the integrity of the
E.
F. Neither the CONTRACTOR nor any of its employees, suppliers or subcontractors shall enter intoany contract, subcontract, or arrangement
included or planned to be included in the pR
the CONTRACTOR or its subcontractor, du
has any direct or indirect conflict of interest
employee involuntarily acquires or had acqui
such interest, and if such interest is imm
disclosure is entered upon the minutes of the CONTRACTOR's written report to STATE of suchinterest, the STATE, may waive the conflict of interest; provided that the officer or employee shallnot participate in any action by the CONTRACTOR or the locality relating to such tontract,
subcontract, or arrangement.
G. The CONTRACTOR shall insert in all contracts entered ínto in connection with the pROJECT orwith any property included or planned to be included in any PROJECT, and shall require its
contractors to insert in each of their subcontracts, the following provision:
"No rnember, officer, or employee of the CONTRACTOR or of the locality during the pROJECT
term or for one year thereafter shall have any interest, direct or indirect, in ilr¡s A-greement or tñeproceeds thereof."
H. The provisions of this subsection shall not be appficable to any agreement between theCONTRACTOR and its fiscal depositories or to any agreement for útitity services, the rates forwhich are fixed or controlled by a governmental agency.
-
34. Lobbvins.
A.
has not and will not use Federal appropriated funds to pay any
or attempt to influence an officer or employee of any Federál
officer or employee of congress, or an employee of a member
awarding o any Federal grant, cooperative agreement or any
ding for the PROJECT is originally derived, consistent with gi
U.S.C. Section 1352, and:
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F lf applicable, if any funds other than Federal appropriated funds have been paid or will be paid toany person for influencing or attemptíng to influence an officer or employee oh any Federal a'gán"v,a Member of Congress, an officer or employee of Congress, or án ãmployee of a Vem-fer áiCongress, in connection wÍth this Federal contract, gräñt, loan, or coojerátive agreqment, theundersigned shall complete and submit Standard Form-LLL, "Disciosure Fàrm to Rep"ort f-onnying;;
in accordance with the form instructions.
C' The CONTMCTOR shall require that the language of this certification be included in the awarddocuments for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts undergrants, loans, and cooperative agreements) which exceed $100,000 anã tfrat all subrecipients shallcertify and disclose accordingly.
This certification is a material representation of facts upon which reliance was placed when this
Submission of this certification is a prerequisite for making
ed by Section 1352, Title 31, U. S. Code. Any person whı
all be subject to a civil penalty of not less than g10,000 and
failure.
35. Program Fraud and False q!'Fraudulent statementq_qr Rela.ted Acts,
A. Ïhe CONTRACTOR acknowledges that the provisions of the Program Fraud Givíl Remedies Act of1986, as amended, 31 U,S.C. S gaOt et geq . and U.S. DOT ÉgulatíoÀs, "program rraud CiviiRemedies," 49 c.F.R. Part 31, apply to its ãCtions pertainíng to thi; pRoJEcT. Uþon executÍon ofan underlying contract, the CONTRACTOR c
statement it has made, it makes, it may mak
contract or the FTA assisted pROJECT for
addition to other penalties that may be ap
it makes, or causes to be made, a false,
certification, the Federal Government resery
Fraud Cívil Remedies Act of 1986 on the C
deems appropriate.
B. The CONTRACTOR also acknowledges that if it makes, or causes to be made, a false, fictitious, orfraudulent claim, statement, submission, or certification to the Federal Government under acontract connected with a PROJECT that is fìnanced in whole or in part with Federal assÍstanceoriginally awarded by FTA under the authority of 49 U.S.C. g 5307, the Government reserves the
10]t¡_to impose the penalties of 18.ujs.c. s 1001 an¿ +g u.s.c. s 5307(nx1) on thecoNTRAcroR, to the extent the Federal Government deems appropriate.
c. The coNTRAcToR agrees to include the above two clauses in each subcontract financed inwhole or in part with Federal assistance provided by FTA. lt is further agreed that these clausesshall not be modified, except to identify the subcontractor who will be subjeit to the provisions,
36. The following requirements apply to the
Government under any contract: r any system of records on behalf of the Federal
A' assures the compliance of Íts employees with, the
uirements of the Privacy Act of 1974, S U.S.C. $grees to obtain the express consent of the Federal
mployees'operate a system of records on behalf ofthe Federal Governrnent. The CONTRACTOR understand.s that the requirements of the privacy
Act, including the civil and criminal penalties for violation of that Ad, åpp! to those individuals
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involved and that failure to comply with the terms of the Privacy Act may result in termination of the
underlying Agreement.
B. The GONTRACTOR also agrees to inctude these requirements in each subcontract to admjnister
any system of records on behalf of the Federal Government financed in whole or in part with
Federal assistance provided by FTA.
37 ' by signing this Agreement that it will provide a
iting activities involving controlled substances in
, et seq. The CONTRACTOR is required to includethe language of this certification in award documents for all sub-awards at all tiers (includíng
subcontracts, contracts under grants, and cooperative agreements) and that all subrecipiènts ináicertify and disclose accordingly. To the extent the CONTRACTOR, any third-party contrádor at anytier, any subrecipient at any tier, or their emþloyees, perÍorm a safety sensiiive function under théPROJËCT, the CONTRACTOR agrees to comply with, and assure the compliance of each affectedthird-party contractor any tier, each affected subrecipient at any tier, and their employees with 4gU.S.C. Section 5331, and FTA regulations,,"Prevention of Alcohol Misuse and prohibited Drug use ÍnTransit Operations," 49 CFR Part 655.
38. The CONTMCTOR agrees to comply with 49 U.S.C, Sectíon 5323(d)
ích provides that recipients and subrecipients of FTA assistance aré
rter service using federally funded equipment or facilities íf there is at least
one private charter operator willing and able to provide the service, except under one of the exceptionslisted at 49 CFR-Subpart B. Any charter service provided under one of the exceptions must be"incidental," i.e., it must not interfere with or detract from the provisíon of mass transportation. TheCONTRACTOR assures and certifies that the revenues generated by its incidental charter busoperations (if any) are, and shall remain, equal to or greater than the cost (including depreciation onFederally assisted equipment) of providing the service, The CONTRACTòR understands that the
requirements of 49 CFR part 604 will apply to any charter service provided, the definitions in 4g CFRpart 604 apply to this Agreement, and any violation of this Agreement may require corrective measures
and the imposition of penalties, including debarment from the receipt of iurther Federal assistance for
transportation.
39. Schoo.l Bus Qper:atio[S. Pursuant to 49 U.S.C. 5323(F) and 49 CFR part 605, the CONTRACTOR
agrees that it and all its subcontractors will: (1) engage in school transportation operations in
competition with priv^ate schoof transportation operators only to the extent peimitted by an exceptionprovided by 49 UtS.C. 5323 (f) and implementÍng regulations, and (2) compìy with requirements of 49CFR part 605 before providing any school transportation using equipment är facilities acquired with
Federal assistance awarded by FTA and authorizedby 49 U.S.C. Chapter 53 or Tifle 23 U.S.C. fortransp he requirements of 49 CFR part 605
will ap ions of 49 CFR part 605 appiy to anyschool ent may require corrective mêasurei
and th nt from the receipt of further Federal assistance for
transportation.
40. Use ol.$1-Coins. As applicable, and to comply with Section 104 of the Presidential $1 Coin Act of2006, 31 U.S.C. Section 5312(p), the CONTRACTOR must ensure that FTA assisted property that
requires the use of coins or currency in public transportation service or supporting seivicê Ue tutty
capable of accepting and dispensing g1 coins.
41' Protectiqn-of Animals. The CONTMCTOR must ensure that all third-party contractors providing
services invotving the use of animals must comply with the Animal Welfare Act, 7 U.S.C. Sections 213i
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et seq. and Department of Agriculture regulations, "AnimalWelfare," g CFR Subchapter A, parts 1,2,3,and 4.
42. Additional Ternlination Claqses.
A' Tqrminatlon for convenience. when it ís in the sTATE's best interest, the sTATE reserves theent, in whole or in part, at any time by providing a ten (10) day wr:ittenThe CONTRACTOR shall be paid its costs, inãtuding'contraót
"io""-performed up to the time of termination. Trre CONÍMCfOR itralln claim to the srATE. tf the coNTRACToR has any property in itspossession belonging to the STATE, the GONTRACTOR will account for the same,'ãnd dispbse ofit in the rnanner the STATE directs.
Agreement upon a finding that the
procuring the pROJECT equípment,e (12) months of execution of this
ance funds within twelve (12) months of execution ofis otherwise not complying with the terms of this
specífyÍng the reason for termination and giving
efautt_ The STATE shall be the sote judge as tó
s are adequate. lf the CONTRACTOR faits to
of this Agreement the STATE shalt have fll'."r:ìobligatÍon to the CONTRACTOR. Any su rate topreclude the STATE from also pursuing al
c. PedsllglPerro:rrance Extpnsign. lf it is later determined by the sTATE that the GoNTRACTORhad an excusable reason for not performing, such as a strike, fire, or flooO, events which are notthe fault of or are beyond the control of thé coNTRAcToR, the
'srRrE, äter setting upì-nå*delivery of performance schedule, may allow the CONTRACTOR to .oniinuu work, or treat thetermínatÍon as a termination for conveníence.
D' ay also be terminated if the STATE and the CONÏRACTOR
produce beneficíal results commensurate with the further
nadequate funds to operate the pROJECT equipment or
43.
STATE Representative shall become the final
coNTRAcToR shall submit written, factual information and supporting data in support of theirrespective positions. The decision of the STATE's Chief, Office oi 'reOerãl
Transit Grants or his/herdesignee shall be final, conclusive and bindÌng regarding the disputã, ùnl"rã ir,u coNTRAcroRcommences an actÍon- in .court of competent jurisdiction to contest the decision in accordance withDivision 3.6 of the California Government Code.
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44' Procurement For all procurements of property, supplies, equipment or services under an FTA assistedgrant, the GONTRACTOR shail provide full and r '
requÍrements set forth in 49 U.S.C. Section S32S(49 U.S.C. chapter 53 and other procurement
amended to the extent applicable. The CON
equipment and or a
third-party proc 49 C
"Third-Party C Nov
CONTRACTOR agrees that it may not use FTA a
satisfactory compliance with Federaf laws and regulations including but not limited to the following:
A' To state clearly that the final contract award lo any bidder.requires prior written approval by theSTATE and that bids are consistent with the PROJÉCT equipment deiscription identified in ExhibitA, Scope of Work.
B. To comply with applicable Federal laws and regulations including, but not limited to, Federal transitlaws and regulations that containrequi thei ments. Also, to includeall re eac in whole or in part withFede
c' For all contracts and subcontracts financed with Federal assistance, to comply with cargopreference requirements of 46 u.s.c. s 1241 and 46 cFR part 381
'when
contracts involveequipment, materials, or commodities which may be transported by ocean vessels.
D, To comply with the requirements of 49 U.S.C. S 5323 (c) and FTA regulations, ,,Bus Testing,,, 4gC.F.R. Part 665, and any revision thereto.
E. To comply with the requirements of 49 u.s.c. s 5323(l) and FTA regulations, ,,pre-Award and post-
Delivery Audits of Rolling Stock Purchases," ¿g c.p.n.'part 663,
"nã
anv r*ision thereto,
F' To comply with the requirements of 49 u.s.c. s 5325(b) to award a third-party contract using acompetitive procurem ent process.
G' ln accordance with 49 u's.c' $ 5325(e)(r), in the procurernent of rolling stock, may not enter into amulti-year contract to purchase additional rolliñg stock and reptaËemeni parts with optionsexceeding five (5) years after the date of the original contract.
H' To comply wíth 49 U.S.C. S 5325(f), agrees that any third-party contract award it makes for ro¡ingstock will be based on initial capital costs, or on periormance, standardization, lÍfe cycle "oitr, änãother factors, or on a competitive procurement process.
l' To .cgmply_ wíth the réquirements of 49 U.S.c. Section 5323(m) and FTA regulations, ,,pre- Awardand Post-Delíveiy Audits of Rolling Stock Purchases, " 49 cFìR þãrt oog,
"nã-*y revision thereto.
J' To award a third--party c-on-lract using _a competitive procurement process in compliance with therequirements of 49 U.S.C. Section b32b.
K. To comply with the requirements of 49 u.s.c. section 5318(e) and FTA regulations, ,'Bus Testing,,,49 CFR Part 665, including the certification that before eipending any" fããet"t assistance toacquíre the first bus of any new bus model or any bus model ,iitn ã new'ma¡or change inconfiguration or components or before authorizing finál acceptance of that bus, that model of bus
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wilf have been tested at the ALTOONA Bus Research and Testing Center. The CONTRACT9R
must obtain the final testing report and provide a copy of the report to tfie STATE.
L. To require each bidder to certify that it has complied with 49 CFR 26, which requires each transitvehicle manufacturer to establish annual goals for the participation of disadvantaged business
enterprise and to submit those goals to FTA for approval,
M. To comply with 49 U.S.C. Section 5323(i), FTA's Buy America regulations at 49 CFR part 661 andany amendments thereto, and any implementing guidance issued by FTA, with respect to eachthird-party contract.
N. To meet applicable regulations of 49 GFR Part 663 in the purchase of revenue rolling stock.
O. ln subcontracts exceeding $100,000, to comply with all applicable standards, orders, or regulations
issued pursuant to the Clean Air Act, as amended,42\J.S.C. Section 2401 et. s"q. añd Clean
Water Act, as amended, 33 U.S.C. Section 1251 el. seq. Agrees to report and require each third-
to report any violation of these requirements resulting
of a third-party contractor, subcontractor, or itself tı
Off ice.
P. To comply with U.S. Environmental Protection Agency (U.S. EPA), "Comprehensive procurement
Guideline for s,u 40 C.F.R. parl 247, which implementsi:::?1,åï: "::u#:li,î: îî"::1"îi",ä1,*,.hlinïservices that :t the environment, and are energy efficient, except
to the extent that the Federal Government determines otheruvise in writing.
Q. To complywith mandatory standards and policies relating to energyefficiency, which are containedin the state energy conservation, plan issued in compliance with the- Energy policy andConservation Act.
R. To lhe extent applicable, agrees to conform to the Natíonal lntellígent Transportation Systems (lTS)
Architecture and Standards as required by SAFETEA-LU S s3ı7(c), 23 U.S,C. S 5í2 note,'aná
fo]lqw the provÍsions of FTA Notice, "FTA National ITS Rrch¡tecture Éolicy on TraniÍt pROJEôTs,"
66 Fed' Reg. 1455 ef seg., January 8, 2001, and any other implementing directives FTA may issuã
at a later date, except to the extent FTA determínes otherwise in writing.
S. ln accordance with 40 CFR Part 85, "Control of Air Pollution from Mobile Sources,,, 40 CFR part
86, "Control of Air PollutÍon from New and ln-Use Motor Vehicles and New and ln-Use MotôrVehicle Engines," and 40 CFR Part 600, "Fuel Economy of Motor Vehicles, the CONTRACiôRmust include provis.ions in all third-party contract for procurement of roliing stock to ensurecompliance with applícable Federal air pollution control and fuel economy regulalions.
T. CONTRACTOR shall refer to FTA "Best Practices Procurement Manual" for additional procurementg^uj!9¡ce on procurement processes and any omissions applicable to the PROJECT. TheCONTRACTOR'S failure to comply with all mandates shall constitute a material breach of thisAgreement.
U. CONTRACTOR must comply with applicable cost principles circulars, current in Title 2 of the Codeof Federal Regulations, in determining whether project costs are ¿ Tifle 2cFR Part 225, previously oMB circular A-87, establishes principfe rminingcosts applicable to grants, contracts, and other agreements with s nts andfederally recognized Indian tribal governments. 2 CFR Part 230 previously OMB Circular A-122,
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establishes cost principles for nonprofits. Where applicable, CONTRACTOR must comply with
cost principles of FAR 31.2.
CONTRACTOR must have written protest procedures covering the pre-bid/pre-proposal, post
proposal, and post award processes, and shall in all instances disclose to all bidders the
CONTRACTOR's protest and the STATE's appeal procedures. All CONTRACTOR's protest
decisions must be dated and in writing. A protester must exhaust all administrative remedies with
the CONTRACTOR before pursuing an appeal with the STATE. Reviews of protests by the STATE
will be limited to:
1. CONTRACTOR's failure to have or follow its own protest procedures, or its failure to
review a cornplaint or protest
2. Violatíons of the Federal or State law or regulation.
An appealto the STATE must be received or postmarked ten (10) calendar days (includes mailing
time) from the date of the protest decision.
45. Bid Prooosal and Contract. Award. All bid solicitation documents, proposed vendor selection and
request for non-competitive bid must be reviewed and approvi;d by the STATE prior to the award of the
contract. No award shall be made without the written approval from the STATE. The CONTRACTOR
(or procurement agent acting on its behalf) shall prepare the bid documents, solicit and receive
competitive bids or proposals, shall evaluate the bids or proposals received, and shail select the lowest
price compliant bid for award.
A. The CONTRACTOR (or procurement agency acling on its behalf) shallforward to STATE, at least
thÌrty (30) days in advance, a copy of the bid solicitation document proposed contract, and bidders
list.
B. Prior to contract award, the CONTMCTOR (or procurement agency acting on its behatf) shall
fonruard to STATE a list of alf bids, proposals, or price quotations received, a copy of the selected
bid or proposal, copy of the bids or proposals of all those whose prices are lower than the selected
vendor's, an explanation of the basis for selecting the selected vendor and for rejecting lower bids
(if any). ln the case of a single bid, sole source¡ or negotiated price contract, this shall jnclude a
statement by the CONTRACTOR that the price is fair and reasonable and the basis for that
determination (FTA Circular C 4220.1F "Third-party Contracting Guidance").
46. FTABqgulations. Policies. Procedures End. Pirectives. The CONTRACTOR shall at all times comply
with all applicable FTA regulations, polícies, procedures and directives, including without limitation
those listed directly or by reference in the Agreement (Form FTA MA (16) dated Octoberl , 2009)
between the STATE and FTA, as they may be amended or promulgated from time to time during the
term of this Agreement. The CONTRACTOR's failure to so comply shall constitute a material breach of
this Agreement. ln the event any portion, term, condition or provision of this Agreement should be
deemed illegal or in conflict with the laws of the State of California or with Federal law or othenvise be
unenforceable, the remaining portion, terms, conditions or provisions shall not be affected thereby.
47. The terms of the most
recent amendment to any Federal, Slate, or local laws, regulations, FTA directives, and amendments
lo the grant or cooperative contract that may be subsequently adopted, are applicable to the PROJECT
to the maximum extent feasible, unless FTA provides otherwise in writing.
48. Disposition of Eq\.ljprnent. The disposition of all PROJECT equipment shall be made in accordance
with the requirements of 49 C.F.R. Part 19, "UnÍform Administrative Requirements for Grants and
Agreements with lnstitutíons of Higher Education, Hospitals, and Other Non-Profit Organizations" and
V
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s.c.
, the
erty
ligibl
shall do one of the following:
A. Written Notice of Termination. The STAT
CONTRACTOR is not operating the pR
description in Exhibit A, Scope of Work, or th
the terms of this contract. Termination s
termination and giving the CONTRACTOR th
corrective measures are adequate. lf
he breach or default or any of the terms,
I have the right to terminate the contract
CTOR. Any such termination for default shall not inany way operate to preclude the STATE from also pursuing all available remedies àg"¡nrtCONTRACTOR and Íts sureties for said breach or default. Oncã a contract has been termiîáte¿within the provisions of this section, the STATE reserves the right to seize vehicles or equipmentprocured under thÌs Agreernent.
B. current market value that exceeds $5,000 per unÍt
quipment which shall be based on the percentage
under this Agreement. Fair market value shall be
uipment as determined by a competent appraisal at
and
C. Return the equipment to the STATE in the same condition as when received by theCONTRACTOR, except for reasonable wear and tear resulting from its use. The parties shállthereupon determine the amount of compensation, if any, to be-paid by the CoNTRAöTSR to thàsrATE in order to avoid any srATE liability to FTA or to others.
49_
inspections for the purpose of confirming the er
PROJECT' No alterations may be made to the PROJECT in its as-received conditÍon without firstreceiving written approval from STATE.
50. lnsurance.
A' While the PROJECT equipment is in the possession or control of the CONTRACTOR, thecoNTRACToR shall maintain adequate insurance protection against tiánitity for damages ioipersonal bodily injuries (including death), property damage, and velhicle damage as conditioned inthis section.
B' The minimum l$.t!s_9t^l!ÞUtv may be increased by the STATE at any time upon thírty (30) daysnotice to ine COTTRRCTOR-
Ç' The CoNTRAgToR shall place Vehicle Physical Damage, including collision and comprehensive(fire, theft, etc.) insurance for amounts equal to the actuai cash value of each vehicle anà any otherequipment that is part of the PROJECT equipment, with deductibles acceptable to the STATE.This insurance shall include a provisíon designating the State of Califärnia, Department of
Frev 09113/12
c6-35
Standard Agreement DOT-21 3 ATTACHMENT-2
Cíty of San Luis Obispo/SLO Transjt
642732
Page 29 of 38
EXHIBIT C
Transportation as the Loss Payee for all purposes of adjusting, settling, or paying claims for
damage to the insured vehicle(s).
D. The STATE, îts officers, employees, and agents shall be named as additional insured.
E. The STATE is designated as the Loss Payee for claims of damage to the insured vehicle(s).
F. The STATE will not be responsible for any premiums or assessments on the policy.
G. The CONTRACTOR, and/or third-party subcontractor, shallfurnish to the STATE, before delivery
of the PROJECT vehicle(s) to the CONTRACTOR, a certificate of insurance issued by a company
licensed to write such insurance in California.
H. Prior to the annual insurance policy expiration date, the GONTRACTOR shall furnish to the STATE
a new certificate of insurance or other written evidence of insurance satisfactory to the STATE. At
any time that such evidence of insurance has not been provided, the STATE shall have the right
immediately to take possession of the PROJECT equipment and to enter the property of the
CONTRACTOR for this purpose.
The CONTRACTOR shall provide the STATE at least thirty (30) days notice of cancettation or
material change of the vehicle insurance policy,
Pub-liç Aoenc:r or For-Profit CONTMCTORQ. The following terms apply to alt CONTRACTORS
who are defìned as a Public Agency or For-Profit entity, regardless if they are providing the service
as the prime CONTRACTOR or subcontractor:
J.
1 Property Damage: The CONTRACTOR shall place property damage, whether the property of
one or more claimants, in an amount not less than one million five hundred thousand dollars
($1,500,000) per occurrence (combined single limit) for property damage liability combined in
respect to vehícles with seating capacity of fifteen (15) or less, or five million dollars
($5,000,000) per occurrence for property damage liability combined in respect to vehicles with
seating capacity of sixteen (16) or more.
Property Damage: The CONTRACTOR shall place property damage, whether the property of
one or more claimants, in an amount not less than one million dollars ($1,000,000) per
occurrence (combined single limit) for property damage liability combined in respect to vehicles
2.Bodily lnjury: The CONTRACTOR shall place bodily injury in an amount not less than one
millÍon five hundred thousand dollars ($1,500,000) per occurrence (combined single limit) in
respect to vehicles with seating capacity of fifteen (15) or less, or five million dollars
($5,000,000) per occurrence for bodily injury in respect to vehicles with seating capacity of
sixteen (16) or more,
3. Vehicle Physical Damage: The CONTRACTOR shall place Vehicle Physicat Damage,
including collisíon and comprehensive (fire, theft, etc.) insurance for amounts equal to the
actual cash value of each vehicle and any other equipment that is part of the PROJËCT
equipment, with deductibles acceptable to the STATE. This insurance shall include a provision
designating the State of California, Department of Transportation as the Loss Payee for all
purposes of adjusting, settling, or paying claims for damage to the insured vehicle(s),
K. Non-Profit Aqgncies: The following terms apply to all CONTRAGTORS who are defined as a non-
profít agency, regardless if they are providing the service as the prime CONTRACTOR or
subcontractor:
1
Rev.09ll3ll2
Standa¡d Agreement DOT-219 ATTACHMENT-2
EXHIBIT C
City of San Luis Obispo/SLO Transit
642732
Page 30 of 38
with seating capac¡ty of fifteen (15) or less, or one million five hundred thousand dollars($1,500,000) per occurrence for property damage liability combined in rãspect to ver,¡ctes w¡-iÃseating capacity of sixteen (16) or more.2' Bodily lnjury: The CoNTRAcToR shall place bodily ínjury in an amount not tess than onemillion dollars ($1,000,000) per_occurrence (combinei single limit) in rurp""fio u"r,i;Ë-fiiiñseating capacity of fifteen (15) or less, or one millioi five hundred thousand dollars($1,500,000) per occurrence for bodily injury in respect to vehicles w¡th seating à"p""itv "tsixteen (16) or more.
3' Damage: The CONTRACTOR shall place Vehicle physicat Damage,and comprehensive (fire, theft, etc.) insurance for amounts equat to ì-hóof each vehicle and any other equipment that is part of the ÞnoJrðiductibles acceptable to the STATE. This insurance shall include " pråu¡*¡ãndesignating the State of California, Department of Jransportation as the Loss eayeà f; ;lipurposes of adjusling, settling, or paying claims for damage to the insured vehicle(s): -
51' Excise Tax. The State of California is exempt from federal excise taxes, and no payment will be madefor any taxes levied on employees'wages. The STATE wlll pay for any applicable state of calífornia orlocal sales or use taxes on the servÍçes rendered or equipment oi párìs supplied pur.rant t; th¡sAgreement. California may pay any applicable sales and uie tax Ímpos'ed by another state.
52. Potential. Subcontractols
A' . Nothing contained in this Agreement
any third-party contractors, and no third-party n or liability between the sTATE and
responsibilities and obligations hereunder. Th
to the STATE for the acts and omissions of its
or indirectly employed by any of them as it
employed by the CONTRACTOR. The C
contractors is an independent oblígation from
CONTRACTOR. As a result, the STATE shail
of any moneys to any third-party contractor.
B. To the extent applicable, Federal
contractors a iiJI tli;"ilflrTÏ, li:ctude, and ro to inctude
"pp.É,i¡àiãcontract and whole or in'þari withby FTA.
C. The CONTRACTOR agrees that, absent of
anyob sa ;ïil:ii:Lî-:J."iJfflHixiil:13il:lî:1,:party to with tñe performance or tr,u'pRoJEcÏ.Notwithstasolicitation n or aPÞroval of anY
liabilities to any party, including the coNTRAc have no obligation or
D. Obligqtions .on Pebalf gf,the ÇTATE. The CONTRACToR shall have no authority to contract for oron behalf of, or incur obligations on behalf of th > STATE.
Rev.09173/12
c6-37
Standard Agreement DOT-21 3
E
ATTACHMENT-2
EXHIBIT C
City of San Luis Obispo/SLO Transit
642732
Page 31 of 38
. The STATE shall approve in writing all proposed
ms of Understanding (MOU), or similar documentsrelating to the performance of the Agreement prior to implementatíın. rne'borurnncron agreesthat it will not enter into any third-party contracts unless the same are approved in writing by thesÏAÏE. Any proposed amendments to such third-party contracts must be äpproved by the STATEprior lo implementation.
53' CONTRACTOR must comply with the Federat Communications
MHz and 421-512MHz bands *r,i"r, ,,Ífr1ï'äå,tJiJi:?i:,,1,iliii,ti: ?,i:"fl'#må,fi:.1?i;iíleffeclive January 1, 201A.
54. l.nderyInificatiol Neíther STATE nor any
damage or liabilíty occurring by reason of
and/or its agents under or in connection
CONTRACTOR under this Agreement. lt is un
and s
name
verse
occurring by reason of anything done or omítted t
this Agreement., employees, representatives, and
Rev.09l73l12
c6-38
sEgTtoN 5316 ANp 53lz
sPEclAL TERMS AND COI¡ptTtONs
1' Aqreement Discreþ . Should there be a díscrepancy between the application and/or the StateManagement Plan and this Agreement, the Agreement shait govern.
2' Private.for orofit certifies that private for profíi transit operators havebeen afforded a pate to the måximum exient feasible in trre plannintand provision of tces.
3' The CoNTRACTOR assures and certifies that the
artT71.
4, ln accordance with 37
requirements for rederaly assisred conrracts invot Jñ:i:i?:3J:?:f#rii.
5. Círcular 5010.1 standards
,i: 8+xit T ,i"o?ål'i:
factor is less th
Standard Agreement DOT.21 3
ATTACHMENT.2
EXHIBIT D
Large Size, Heavy-Duty Transit Buses
Small Size, Heavy-Duty Transit Buses
Medium Size, Medium-Duty Transit Buses
Medium Size, Light-Duty Transit Buses
Other Light-Duty Vehicles (Small Buses & Specialized Vans)
Facilities (Concrete, Steel, Frame and Consiruction)
Computers, GPS, AVL, Phone System
Fareboxes
Bus Shelters/Benches
City of San Luis Obispo/SLO Transit
642732
Page 32 of 38
12years or 500,000 miles
10 years or 350,000 miles
7 years or 200,000 miles
5 years or 150,000 miles
4 years or 100,000 miles
40 years
3 years
10 years
5 years
b
ln reference to rolling ¡tock, while age and mileage are the primary crîteria used to determine theuseful life of vehÎcles, this determination is based on ftie date ihe u"l'ri"l" *"" óri i.t" active service,not the actual model year of the vehicle.
Equioment Qyvners¡ip and Relinquishmenj. At all times while the pRoJECT equipment is in the
CONTRACTOR shall be the registered owner and
sfer ownership of the
der, the STATE may
non-compliance with
r rime thar disposirion or tne pn8lPåt J;i"d:îl5released by the STATE to the CoNTRAcToR or other appropriate party as ouflined in section 7 of thisExhibit.
Dispo-sition. The disposition of all pROJECT made in ith FTA,simplementing regulations of 4g CFR part 18 and D and 49 or ilBll.lrlq{q the disposition of any FTA funded capitat e ng rolling tities, theCONTRACTOR must submit to the STATE a report t cãpitat ãq retired ordisposed of. The report will be used to verify that a vehicle has met the minimum useful life,.asestablished in Section 5 of this Exhibit, and thatihere is no remaining Federal interest. The report mustinclude the following information :
7
Rev.01/l0ll2
c6-39
Standard Agreement DOT-214 ATTACHMENT-2
City of San Luis Obispo/SLO Transit
642732
Page 33 of 38
EXH¡BIT D
1. Equipment Seriai ldentification Number or Vehicle ldentification Number;
2. Make and Model of the equipment;
3. Date when equipment was placed into service;
4. Current age and mileage of rolling stock;
5. Established minimum useful life period (include miles for rolling stock);
6. Proposed date of removal from service;
7 - Disposition outcome (sale, transfer, use as backup);
8. Current market value; and
9. Proposed anticipated spare ratio.
A' T property is withdrawn from the service for any reason orior. to meetino
and at the direction of the srATE, the coNTRAcroR shãl oe, requirãã
1' Remit to the STATE, for repayment to the FTA, a proportionaf amount of the fair marketvalue e basis of the ratio of the Federal grantfunds ase cost of the property. Fair mãrketvalue of the remaining särvióe life per unit,based urchase prìce, oi the Federal share ofthe sa2' Relinq the same condition as when received by theCONT and tear resulting from its use. The parties shallthereu nsation, if any, to be paid by the CONTRACTORto the TE lÍability to ÈTR or to others. Upon subsequent
disposal of the property, the STATE shall reimburse the CONTRACTOR foi its proportional
amount of the property value received or identified by the STATE, if any.3' When PROJECT property is lost or damaged by fiie, casualty,'or nátural disaster, the fair
ondition of the property immediately
,:"lliåf :l :JJi:Hã,iË i:ï ",'å4- lf any damage to PROJECT property results from abuse or rnisuse occurring with theCONTRACTORs knowledge and consent, the CONTMCTOR agrees to restore thePROJECT propertY to its original condition or refund the value of the Èederal interest in thatproperty to the STATE.
B. When any PROJECT property is wíthdrawn from servi
and at the direction of the STATE, the CONTRAC
following:
1,coNTRAcroR The
d thecoNTRAcroR the STATE must be notified in advance of thepending sale an s of the sale and the intended use of the sale
Ptev.09/13/12
c6-40
Standard Agreement DOT.Zlt ATTACHMENT.2
City of San Luis ObispoiSlO Transit
642732
Page 34 of 38
EXHIBIT D
revenue' All sale revenue musl be retained in the CONTRACTOR's transportation program.Supporting documentation on the use of sale revenue must be provided to the STAiE uponrequest.
2.The CONTRACTOR wiilremain the registered owner and the lien holder. All proceeds from the sale of p ROJËCTproperty must be retained in the CONTRACTOR's transportatí Supportingdocumentation on the use of sale revenue must be provided to the request.
A,
on program.
STATÈ upon
B. Themitted ementary paratransit
vision comPliance with thedates f; iJtFtrt'"ti"#1
9. Çivil Riqhts Reportinq Reouirements. upon request by the STATE, the coNTRAcToR must submitthe following reports:
A. DBE Awards/commitment Form and Actuar payment Form.B- Title Vl Report - Report every 3 years.
'10' ToR shalf submit a semi-annual report of its use of the
equìpment) and an annual report of progress made for(30) calendar days after the close oi each federal
for Capital PROJECT are October I through March 31
reoorting period for Operating Assistance ÞnO¡eCl isoctober 1 th 30' SemÍ-annual Reports-are due no tå;¡' tü; A-pril 30 for the first halfand October haff' Annual reports are due no later than october 30. The report shallcontain infor by the sTATE to indicate the extent to which the coNTRACToR iscarrying out accordance with the terms of this contract. Failure to meet theserequirements shall be considered grounds for PRoJECT Termination as described in Exhibit c of thisagreement.
11' ToR shall report their DBE participation inthe STATE'S DBE Award/Commitments
STATE at the time of submittat of the final
ements are provided at Exhibit C.
12' Final Reportino. The CoNTRAcToR shall submit a final project report documenting how programperformance measures have been met by this project roi ffre tarjet group as referenced in theCONTRACTOR'S applícation.
13. TRACTOR andlor Subcontra
tÍng rules, but must comply wi
loyees who hold Commercial
14' The coNTRAcToR agrees to the comply with applicable transit employee protective requirements asfollows:
for
5317 in Nonurbanized Areas - lf the contract involves transit operations financed in whole or inpart with Federal assistance authorized by 49 U.S.C. g 5316 or 5317, the CONTRACTOR agrees
P.ev.09ll3/12
c6-41
Standard Agreement DOT -213 ATTACHMENT.2 City of San Luis Obispo/SLO Transit
642732
Page 35 of 38
EXHIBIT D
to comply with the terms and conditions of the Special Warranty for the Nonurbanized Area
Program agreed to by the U.S. Secretaries of Transportation and Labor, dated May 31, 'ig7g,
and the procedures implemented by U.S. DOL or any revision thereto.B. The CONTRACTOR also agrees to include the any applicable requirements in each subcontract
involving transit operations financed in whole or in part with Federal assistance provided by FTA.
15. Purchase Order. Upon approval by the STATE of a procurement award, the GONTRACTOR (or
procurement agent acting on its behalf) may issue a purchase order for the PROJECT equipment.
Each purchase order shall:
A, Be consistent with the approved bid award;B. Designate that the CONTRACTOR is to be the sole registered owner of any vehicle(s) acquíred;C. lnclude a reference to the STATE's contract number assigned this Agreement.
'16. Lidiltv lnsurance. ln addition to Exhibit C, Section 52, under lnsurance, thefollowing provisions will
also apply:
A. The CONTRACTOR is responsible for any deductible or self-insured retention contained wíthin
the Ínsurance program.
B. Coverage must be Ìn force for the complete term of this Agreement. lf insurance expires during
the term of the Agreement, a new certificate must be received by the STATE at least ten (10)
days after the expiration of this insurance. This new insurance must still meet the terms of this
Agreement.
C. ln the event CONTRACTOR fails to keep in effect at alf times the specified lnsurance coverage,
the STATE may, in additÍon to any other remedies it may have, terminate this Agreement upon
the occurrence of such event, subject to the provisions of the Agreement.
D. Any insurance required to be carried shall be primary, and not excess, to any other insurance
carried by the STATE,1. Commercial General LÌabilitya. The limits of liability shall be at least:i. $2,000,000 for each occurrence (combined single limit for bodily injury and property
damage).
¡¡. $2,000,000 aggregate for products-completed operationsiii. $4,000,000 general aggregate. This general aggregate limit shall apply separately to
the CONTRACTOR's work under this Agreement.iv. $15,000,000 umbrella or êxcess liability. For projects over $25,000,000 only, an
additional $10,000,000 umbrella or excess liability (for a total of $2s,000,000).
Umbrella or excess policy shall include products liability completed operations
coverage and may be subject to $15,000,000 or $2b,000,000 aggregate limits.
Further, the umbrella or excess policy shall contain a clause stating that it takes
etfect (drops down) in the event the primary limits are impaired or exhausted.b. The STATE, including their officers, directors, agents, and employees, shall be named as
additional ínsured under the Commercial General Liability policy with respect to liability
arising out of or connected with work or operations peformed by or on behalf of
CONTRACTOR under this Agreement.c. The policy shall stipulate that the ínsurance afforded the additíonal insured shalt apply as
primary insurance. Any other insurance or selÊinsurance maintained by the STATE will
be excess only and shall not be called upon to contribute with this insurance.
17. Loss or Damage to PßOJECT Equipment. The CONTRACTOR shall notify the STATE within ten (10)
working days of any loss or damage to PROJECT equipment, including, but not limited to loss by
accident, fíre, vandalism, or lheft.
1 8, T_hi.rd.PailU Çonstruction Contraet.
P.ev.09ll3/12
Standard Agreement DOT-213 ATTACHMENT.2
EXHIBIT D
City of San Luis Obispo/SLO Transit
642732
Page 36 of 38
A. Davig:Bacon. ln accordance with the requirements of 49 U.S.C. g s333(a) and the implementingregulations of 29 cFR Part 5, to comply with the employee proteðtion reqúirement. oit'" oãvi"lBacon Act for construction activities exceeding $2,-ooo performed ¡ir conñåction with the
contracts in excess of $2,000 for construction,
works and requires the inclusion of a clause that
on the site of the work shall receive less than the
cretary of Labor.
t contracts or subcontracts exceeding $100,000,included: Bid guarantee from each bidderperfo of theand t of (1)more of the
n but 3) $z.S
c. copeland Anti-Kickback. For construction Jf'ïL.,,,rn improvement contracts or subcontractsexceeding $100,000 and in. accordance with 1B U.s.b. S'ection 874, Copeland ,,Anti-Kickback"
Act, 29 CFR Part 3, the coNTRAcToR and Subcontractors on Pubiic euiroing or public WorkFinanced in Whole or in part by Loans or Grants from the United States,ijiÁ.-COnffnnCTORand subcontractors are prohibited from inducing, by any means, any employee, to give up anypart of his or her compensation to which he or sñe is othérwise entifle-d.D' 99!+Iqç!jal-Safqþt- As_prohibited by the safety requirements of Section 107 of the contractWork Hours and Safety Standards Act, 40 U.S.C. Seåtion 3704 and 29 CFR Þart ,1926, ',Satetyand Health Regulations for Construction," the CONTRACTOR and subcontractárs must ensuresafety at construction sites so that no laborer or mechaníc shall ue requireO to work insurroundings or under working conditions that are unsanítary, hazardous, or oahleious.
Rev. 09/13/12
Direct Labor
(J obTitle/Classification)
Estîmated
Hours
Estimated
Hourly Rate
Total
/ T¡aíner 199 $ 60.00 $ 11,940
$$
$$
$$
$
$
$$
$$
TOTAL 199 $$ 11,940
Standard Agreement DOT-21 3 ATTACHMENT-2
EXHIBIT E
ADDtTtoNAL pROVtStONS- COST WORKSHËET (CONTRACTOR)
1. Direct Labor
2. DÌrect cost(s) (Except Labor)
Equipment and Supplies (Please list each item separately)
Printed Traininq Materiats $ 320
Sub Total
3. Other Direct costs (Please list each item separately)
Sub Total
Travel costs (Please list each item separately)
Locaf Ground Travel S 24O
Sub Total
5.rlndirect cost(s) (Overhead and Fringe Benefits);
Overhead Rate %g
6. TotalGosts:
I Must have approved ICAP and CAP
City of San Luis Obispo/SLO Transit
642732
Page 37 of 38
320
$
$
$
$
$
$
$
$
$
4.
$
$
$
$240
P.:ev.0''ll10ll2
0.00
$12.
c6-44
Standard {greement DOT-213 ATTACHMENT.2
EXHIBIT E
cosr woRKSHEET (subcontractor) - Leave form blank if not applicabte.
1. Direct Labor
2. Dlrect cost(s) (Except Labor)
Ëquipment and Supplies (Please list each item separately)
Sub Total
3.Other Direct costs (Please list each item separately)
Sub Total
4. Travel costs (Please list each item separately)
Sub Total
5.zlnd¡rect cost(s) (Overhead and Fringe Benefits):
Overhead Rate o/o
6. TotalGosts:
2 Must have approved lCAp and CAp.
City of San Luis Obispo/SLO Transit
642732
Page 38 of 38
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
Direct Labor
(
Estimated
Hours
Estimated
Hourlv Rate
Total
$$
I $
)$
$$
$$
$$
$
$
$$
Rev. 09/13/12
$
c6-45
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