HomeMy WebLinkAbout09/06/2011 12 Fixed-Route Bus Service Grant Funding, Service Hours Extension, General Paratransit Services BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting of: September 6, 2011
Item Title: Consideration of a resolution authorizing the City Manager to enter into an
agreement to accept grant funding for fixed -route bus service on Sundays, an extension of
service hours, and general paratransit services.
Submitted by: Chris Waarvick, Public Works Director, 576 -6411
Contact Person: Ken Mehin, Transit Manager, 576 -6415
Summary Explanation: Yakima Transit applied for grant funding in 2010. The funds were
awarded June 2011 for fixed -route bus service on Sundays, an extension of service hours into
the evening, and general paratransit services. Currently these programs are funded by
different agreements or different sources. Under this grant contract, the paratransit funds
supplement existing paratransit services, no matching funds are required; the grant for the
Sunday service replaces a Congestion Mitigation Air Quality Grant, in order to be more
competitive, Transit showed matching funds from the previous year's funding, as well as the
minimum required 50% match for the service period; and, the Extended Hours service is
currently funded by a previous Consolidated Grant, a 50% match is required for this grant.
Resolution X Ordinance Contract Other X (Specify) Contract
Funding Source WSDOT & Federal Transit Administration
APPROVAL FOR SUBMITTAL: �!
City Manager
Staff Recommendation: Adopt the resolution authorizing the City Manager to enter into an
agreement to fund fixed -route bus service on Sundays, an extension of service hours, and
general paratransit services.
Board Recommendation: The Transit Council Committee is in support of the grants.
Council Action:
41)
Resolution No. R -2011-
A RESOLUTION adopting a- resolution authorizing the City Manager to enter into an
agreement to accept grant funding for fixed -route bus service on
Sundays, an extension of service hours, and general paratransit services.
WHEREAS, the City of Yakima applied for grant funding under the Washington State
Department of Transportation's Consolidated Grant Program to fund Transit projects.
WHEREAS, the grant funding is for the continuation of two demonstration project and a
WSDOT paratransit formula grant, all funded by previous grants that the City has accepted;
and, -
WHEREAS, the Washington State Department of Transportation awarded funding on June
1, 2011; and,
WHEREAS, it is necessary for the City and the Washington State Department of
Transportation to enter into an agreement setting forth the terms, conditions, and requirements
for allocating this funding.
NOW, THEREFORE, be it resolved by the City Council of the City of Yakima, the City
Manager is hereby authorized to enter into Agreement No. GCA6861 with the Washington State
Department of Transportation for grant funding for fixed -route bus service on Sundays, an
extension of service hours, and general paratransit services.
4110 ADOPTED BY THE CITY COUNCIL at a regular meeting this 6th day of September, 2011.
Micah Cawley, Mayor
ATTEST:
City Clerk
Federal/State Operating Grant Agreement
411 Washington State Department of Transportation Contractor:
Public Transportation Division Yakima Transit
310 Maple Park Avenue SE .2301 Fruitvale Blvd.
PO Box 47387 Yakima, WA 98902
Olympia, WA 98504 -7387
WSDOT Contact: Tom Hanson 509- 667 -3029 Contact Person: Kevin Futrell 509 -576 -6422
Term of Project: July 1, 2011 through June 30, 2013 Federal ID #: 91- 6001293
Scope of Project: Scope of Project as set forth in Project Title: Operating funding assistance as
Exhibit I, Scope of Work and Budget. described in Exhibit I, Scope of Work and Budget
CFDA: 20.509 (5311); 20.516 (5316)
Service Area: As defined in attached Exhibit I Project Costs:
Federal Funds $137,649
State Funds $165,919
Agreement Number: GCA6861 Contractor Funds $248,611
Total Project Cost $552,179
THIS AGREEMENT, entered into by the Washington State Department of Transportation, hereinafter "WSDOT,"
and the above Contractor, hereinafter "CONTRACTOR," individually the "PARTY" and collectively the
411 "PARTIES," WITNESSETH THAT:
WHEREAS, Federal funding is authorized under 49 USC chapter 53; Title 23 USC (Highways); the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA -LU) enacted as Public
Law 109 -59, August 10, 2005; as amended by SAFETEA -LU Technical Corrections Act, 2008, Pub. L. 110 -244,
June 6, 2008; the Transportation Equity Act for the 21st Century (TEA -21) enacted as Public law 105 -178, June 9,
1998, as amended, the National Capital Transportation Act of 1969, D.C. Official Code, §§ 9- 1111.01 et seq.; or
other Federal laws the Federal Transit Administration (FTA) administers to the extent FTA so determines;
WHEREAS, the State of Washington in its Sessions Laws of 2011, chapter 367, section 220 provides Rural
Mobility, Paratransit/Special Needs, and other special proviso funding through the multi-modal transportation
account and rural mobility grant program account, as identified in the budget through its 2011 -2013 biennial
appropriations to WSDOT;
WHEREAS, funding is authorized under 49 USC § 5316 for Job Access and Reverse Commute; and any
subsequent amendments and resolutions thereto;
WHEREAS, WSDOT's Public Transportation Division administers the Paratransit/Special Needs Grant
Program funds to provide assistance for transportation related support of persons with special needs;
WHEREAS, WSDOT's Public. Transportation Division administers the Tax Equalization Revenue Transit
Formula Grant Program to provide assistance to transit agencies for transportation related support of persons in non-
urbanized and small urban areas;
WHEREAS, WSDOT's Public Transportation Division administers the Paratransit/Special Needs Transit
Formula Grant Program funds to provide assistance to transit agencies for transportation related support of persons
with special needs;
NOW, THEREFORE, in consideration of the terms, conditions, performances and mutual covenants herein set
® forth and the attached Exhibit I, "Scope of Work and Budget," IT IS MUTUALLY AGREED AS FOLLOWS:
Section 1
Purpose of Agreement
GCA6861 Page 1 of 19
The purpose of this AGREEMENT is for WSDOT to provide operating funds to the CONTRACTOR for public
transportation services that meet the needs of persons in the State of Washington, hereinafter referred to as the
(I) "Project."
Section 2
Scope of Project
The CONTRACTOR shall undertake and complete the Project as detailed in Exhibit I, "Scope of Work and
Budget", which is by this reference fully incorporated herein as if fully set out in this AGREEMENT, and to operate
the service within the area described in the caption space header titled "Service Area," in accordance with the terms
and conditions of this AGREEMENT. The caption space header titled "Service Area" and all caption space headers
are by this reference incorporated herein as if fully set out in this AGREEMENT.
Section 3
Term of Project
The CONTRACTOR shall commence, perform, and complete the Project within the period of time defined in the
caption space header titled "Term of Project" on this AGREEMENT regardless of the date of signature and
execution of this AGREEMENT, unless terminated as provided herein.
Section 4
Contractor's Share of Project Costs
The total Project cost shall not exceed the amounts detailed in the caption space header titled "Project Costs." The
CONTRACTOR agrees to expend eligible funds, together with any "Contractor Funds" allocated for the Project in
an amount sufficient to complete the Project as detailed in Exhibit 1, "Scope of Work and Budget." The
CONTRACTOR further agrees that there shall be no reduction in any amount specified as the Contractor's Funds
unless there is a concurrent proportional reduction in the Federal and/or State Funds, or WSDOT pre- approves the
reduction in writing. If at any time the CONTRACTOR becomes aware that the cost which it expects to incur in the
performance of this AGREEMENT will exceed or be less than the amount identified as "Total Project Cost" in the
caption space header titled "Project Costs," the CONTRACTOR shall notify WSDOT in writing within three (3)
business days of making that determination. The CONTRACTOR agrees that "Project Costs" eligible for federal
0 participation, including State Funds and Contractor Funds used as match to other FTA funds, must comply with the
standards of OMB Circular A -87, Revised, "Cost Principles for State and Local Governments ", or OMB Circular A-
122, Revised, "Cost Principles for Non - Profit Organizations ", or Federal Acquisition Regulation (FAR), 48 CFR
Chapter 1, subpart 31.2, "Contracts with Commercial Organizations," whichever is appropriate.
Section 5
Payment
A. WSDOT, using FTA funds and/or State funds, shall reimburse the CONTRACTOR for allowable expenses
incurred in completing the Project described in Exhibit I, "Scope of Work and Budget." Allowable Project expenses
shall be determined by WSDOT as described in WSDOT's Guide to Managing Your Public Transportation Grant
2011 version, and any amendments thereto, which by this reference is fully incorporated herein. In no event shall
the total amount reimbursed by WSDOT exceed the "Federal Funds" or "State Funds" identified in the caption space
header titled "Project Costs," above.
B. Payment will be made by WSDOT on a reimbursable basis for actual net project costs incurred within the
timeframe in the caption space header titled "Term of Project." Such costs to be reimbursed shall be calculated as
described in WSDOT's Guide to Managing Your Public Transportation Grant, 2011 version, and any amendments
thereto. WSDOT shall make no payments for costs incurred prior to the beginning date or after the ending date
shown. The CONTRACTOR shall submit an invoice detailing and supporting the costs incurred. Such invoices may
be submitted no more than once .. a month and no less than once per quarter. If approved by WSDOT, said invoices
shall be paid by WSDOT within thirty (30) days of receipt of the invoice. Payment is subject to the submission to
and approval by WSDOT of appropriate invoices, reports, and financial summaries. Any financial summaries
submitted to WSDOT must include a record of the actual costs.
C. The CONTRACTOR shall submit an invoice by July 15, 2012, for any unreimbursed eligible expenditures
incurred between July 1, 2011, and June 30, 2012. If the CONTRACTOR is unable to provide an invoice by this
date, the CONTRACTOR shall provide an estimate of the charges to be billed so WSDOT may accrue the
II expenditures in the proper fiscal period. Any subsequent reimbursement request submitted will be limited to the
amount accrued as set forth in this section. The CONTRACTOR's fmal payment request must be received by
WSDOT by July 15, 2013, within thirty (30) days of the completion of the Project, or within thirty (30) days of the
GCA6861 Page 2 of 19
termination of this AGREEMENT, whichever is sooner. Any payment request received after July 15, 2013 will not
be eligible for reimbursement.
Section 6
Assignments and Subcontracts
A. Unless otherwise authorized in advance and in writing by WSDOT, the CONTRACTOR will not assign any
portion of the Project or execute any contract, amendment, or change order thereto, or obligate itself in any manner
with any third party with respect to its rights and responsibilities under this AGREEMENT.
B. The CONTRACTOR agrees to include sections 8 -through 26 and Section 34 of this AGREEMENT in each
subcontract financed in whole or in part with federal assistance provided by FTA; and in all contracts it enters into
for the employment of any individuals, procurement of any materials, or the performance of any work to be
accomplished under this AGREEMENT, subject to the limitations set forth in Sections 19.E.3 of this
AGREEMENT. It is further agreed that those clauses shall not be modified in any such subcontract, except to
identify the subcontractor or other person or entity that will be subject to its provisions. In addition, the following
provision shall be included in any advertisement or invitation to bid for any procurement by the CONTRACTOR
under this AGREEMENT:
Statement of Financial Assistance:
"This AGREEMENT is subject to a financial assistance contract between the Washington State Department of
Transportation and the Federal Transit Administration and the appropriations of the State of Washington."
Section 7
Reports
A. The CONTRACTOR shall prepare quarterly reports regarding services provided pursuant to this
AGREEMENT and other related information as prescribed in WSDOT's Guide to Managing Your Transportation
Grant, 2011 version, and any amendments thereto, or as requested by WSDOT. Due to Legislative and Department
reporting requirements, quarterly progress reports shall be submitted for the duration of the AGREEMENT period
regardless of whether the underlying funding sources have been exhausted. Post -grant annual performance reporting
may also be required as prescribed in the aforementioned guidebook. These reports may include, but are not limited
to:
1. Passenger Trips provided
2. Project Revenue Hours provided
3. Project Revenue Miles provided
4. Narrative Progress Report
5. Financial status of the project
6. Drug Abuse and Alcohol Abuse Testing compliance reports as required in this AGREEMENT
7. Goods and services purchased from Disadvantaged Business Enterprises (DBE's)
B. Program Income. The CONTRACTOR shall comply with Program Income provisions in 49 CFR § 18.25 or 49
CFR § 19.24, whichever is applicable, and prepare a quarterly report of the gross income, as defined in WSDOT's
Guide to Managing Your Public Transportation Grant, 2011 version, and any amendments thereto received by
CONTRACTOR that is directly generated by the Project activity . supported by the funding in this AGREEMENT.
Section 8 . .
General Compliance Assurance
The CONTRACTOR agrees to give reasonable guarantees that it and its subcontractors, lessees and any third -party
contractors under this AGREEMENT, will comply with all requirements imposed by, or pursuant to, 49 USC
chapter 53 and other applicable Federal regulations. The CONTRACTOR agrees to comply with the provisions of
49 CFR Part 18 or 49 CFR Part 19 or FAR, 48 CFR Chapter 1, subpart 31 whichever is applicable, and cost
principles as defined in OMB circulars A -87 and A -122. The CONTRACTOR agrees to comply with all
instructions as prescribed in WSDOT's Guide to Managing Your Public Transportation Grant, 2011 version, and
any amendments thereto. The CONTRACTOR agrees that the United States, any agency thereof, WSDOT and any
of WSDOT's representatives, have not only the right to monitor the compliance of the CONTRACTOR with the
provisions of this Assurance, but also have the right to seek judicial enforcement with regard to any matter arising
under Federal transit laws and regulations, and this Assurance.
Section 9
Procuruuaent
The CONTRACTOR shall make purchases of any incidental goods or supplies essential to this AGREEMENT
through procurement procedures approved in advance by WSDOT and consistent with the following provisions:
GCA6861 Page 3 of 19
A. General Procurement Requirements. The CONTRACTOR shall comply with third -party procurement
requirements of 49 USC chapter 53 and other applicable Federal laws in effect now or as subsequently enacted; with
• the United States Department of Transportation (U.S. DOT) third -party procurement regulations of 49 CFR § 18.36
or 49 CFR § 19.40 through 19.48 and other applicable Federal regulations pertaining to third -party procurements
and subsequent amendments thereto. The CONTRACTOR shall also comply with the provisions of FTA Circular
4220.1F, "Third Party Contracting Guidance," November 1, 2008, and any later revision thereto, except to the extent
FTA determines otherwise in writing, which by this reference are incorporated herein; and any reference therein to
"Grantee" shall mean CONTRACTOR.
B. Full and Open Competition. In accordance with 49 USC § 5325(a); the CONTRACTOR agrees to conduct all
procurement transactions in a manner that provides full and open competition as determined by FTA.
C. Preference for United States Products and Services. To the extent applicable, the CONTRACTOR agrees to
comply with the following U.S. preference requirements:
1. Buy America. The CONTRACTOR agrees to comply with 49 USC § 5323(j), with FTA regulations, "Buy
America Requirements," 49 CFR Part 661, and any later amendments thereto.
2. Cargo Preference —Use of United States -Flag Vessels. The CONTRACTOR agrees to comply with 46
USC § 55305 and U.S. Maritime Administration regulations, "Cargo Preference — U.S. -Flag Vessels," 46 CFR Part
381, to the extent those regulations apply to the Project.
3. Fly America. The CONTRACTOR understands and agrees that the Federal Government will not
participate in the costs of international air transportation of any persons involved in or property acquired for the
Project unless that air transportation is provided by U.S. -flag air careers to the extent service by U.S. -flag air carriers
is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974, as
amended, 49 USC § 40118, and with U.S. GSA regulations, "Use of United States Flag Air Carriers," 41 CFR §§
301 - 10.131 through 301 - 10.143.
D. Preference for Recycled Products. To the extent applicable, The CONTRACTOR agrees to comply with
U.S. Environmental Protection Agency (U.S. EPA), "Comprehensive Procurement Guideline for Products
Containing Recovered Materials ", 40 CFR Part 247, which implements section 6002 of the Solid Waste Disposal
411 Act, as amended by the Resource Conservation and Recovery Act of 1976 as amended, 42 USC § 6962.
Accordingly, the CONTRACTOR agrees to provide a competitive preference for products and services that
conserve natural resources, protect the environment, and are energy efficient, except to the extent that the Federal
Government determines otherwise in writing.
E. Geographic Restrictions. The CONTRACTOR agrees to not use any state or local geographic preference,
except those expressly mandated or encouraged by federal statute or as permitted by FTA.
F. Government Orders. In case any lawful government authority shall make any order with respect to the Project
or Project Equipment, or any part thereof, or the PARTIES hereto or either PARTY, the CONTRACTOR shall
cooperate with WSDOT in carrying out such order and will arrange its operation and business so as to enable
WSDOT to comply with the terms of the order.
Section 10
Charter Service Operations
The CONTRACTOR agrees that neither it nor any public transportation operator performing work in connection
with a Project financed under 49 USC chapter 53 or under 23 USC §§ 133 or 142, will engage in charter service
operations, except as authorized by 49 USC § 5323(d) and FTA regulations, "Charter Service," 49 CFR Part 604,
and any Charter Service regulations or FTA directives that may be issued, except to the extent that FTA determines
otherwise in writing. The Charter Service Agreement the CONTRACTOR has selected in its latest annual
Certifications and Assurances is incorporated by reference and made part of the Grant Agreement or Cooperative
Agreement for the Project. If the CONTRACTOR has failed to select the Charter Service Agreement in its latest
annual Certifications and Assurances to FTA and does conduct charter service operations prohibited by FTA's
Charter Service regulations, the CONTRACTOR understands and agrees that: (1) the requirements of FTA's Charter
Service regulations and any amendments thereto will apply to any charter service it or its subrecipients, lessees,
third -party contractors, or other participants in the Project provide; (2) the definitions of FTA's Charter Service
110 regulations will apply to the CONTRACTOR's charter operations, and (3) a pattern of violations of FTA's Charter
Service regulations may require corrective measures and imposition of remedies, including barring the
CONTRACTOR, subrecipient, lessee, third -party contractor, or other participant in the Project operating public
transportation under the Project from receiving Federal financial assistance from FTA, or withholding an amount of
Federal assistance as set forth in Appendix D to FTA's Charter Service regulations.
GCA6861 Page 4 of 19
Section 11
School Bus Operations
The CONTRACTOR agrees that neither it nor any public transportation operator performing work in connection
with a Project fmanced under 49 USC chapter 53 or under 23 USC §§ 133 or 142, will engage in school
transportation operations for the transportation of students or school personnel exclusively in competition with
private school transportation operators, except as authorized by 49 USC §§ 5323(0 or (g), as applicable, and FTA
. regulations, "School Bus Operations," 49 CFR Part 605 to the extent consistent with 49 USC §§ 5323(0 or (g), in
accordance with any School Transportation Operations regulations or FTA directives that may be issued at a later
date, except to the . extent that FTA determines otherwise in writing. The School Transportation Operations
Agreement the CONTRACTOR has selected in its latest annual Certifications and Assurances is incorporated by
reference and made part of the Grant Agreement or Cooperative Agreement for the Project. If the CONTRACTOR
has failed to select the School Transportation Agreement in its latest annual Certifications and Assurances to FTA
and does conduct school transportation operations prohibited by FTA's School Bus Operations regulations, 49 CFR
Part 605, to the extent those regulations are consistent with 49 USC §§ 5323(0 or (g), the CONTRACTOR
understands and agrees that: (1) the requirements of FTA's School Bus Operations regulations, 49 CFR Part 605, to
the extent consistent with 49 USC §§ 5323(0 or (g), will apply to any school transportation service it or its
subrecipients, lessees, third -party contractors, or other participants in the project provide, (2) the definitions of
FTA's School Bus Operations regulations will apply to the CONTRACTOR's school transportation operations, and
(3) if there is a violation of FTA's School Bus Operations regulations to the extent consistent with 49 USC §§
5323(0 or (g), FTA will bar the CONTRACTOR, subrecipient, lessee, third -party contractor, or other Project
participant operating public transportation that has violated FTA's School Bus Operations regulations, 49 CFR Part
605, to the extent consistent with 49 USC §§ 5323(0 or (g), from receiving Federal transit assistance in an amount
FTA considers appropriate.
Section 12
Incorporation of Federal Terms
A. Purchasing. This AGREEMENT's provisions include, in part, certain Standard Terms and Conditions required
by FTA, whether or not expressly set forth herein. All contractual provisions required by FTA, as set forth in FTA
Circular 4220.1F, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA
mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this
AGREEMENT. The CONTRACTOR shall not perform any act, fail to perform any act, or refuse to comply with
any WSDOT request, which would cause WSDOT to be in violation of any FTA term or condition.
B. Federal Changes. The CONTRACTOR shall at all times comply with all applicable FTA regulations, policies,
procedures and directives, whether or not they are referenced in this AGREEMENT and include any amendments
promulgated by the FTA, during the term of this AGREEMENT. The CONTRACTOR's failure to so comply shall
constitute a material breach of this AGREEMENT.
Section 13
No Obligation by the Federal Government
A. WSDOT and the CONTRACTOR acknowledge and agree that regardless of any concurrence or approval by the
Federal Government of the solicitation or award of this AGREEMENT, the Federal Government is not a party to
this AGREEMENT unless it provides its express written consent. The Federal Government shall not be subject to
any obligations or liabilities to the CONTRACTOR, subcontractor, lessee, or any other participant at any tier of the
project (whether or not a PARTY to this AGREEMENT) pertaining to any matter resulting from this
AGREEMENT.
B. No contract between the CONTRACTOR and its subcontractors, lessees, or any other participant at any tier of
the project shall create any obligation or liability of WSDOT with regard to this AGREEMENT without WSDOT's
specific written consent, notwithstanding its concurrence in, or approval of, the award of any contract or subcontract
or the solicitations thereof. The CONTRACTOR hereby agrees to include this provision in all contracts it enters into
for the employment of any individuals, procurement of any materials, or the performance of any work to be
accomplished under this AGREEMENT.
Section 14
Personal Liability of Public Officers
No officer or employee of WSDOT shall be personally liable for any acts or failure to act in connection with this
AGREEMENT, it being understood that in such matters they are acting solely as agents of WSDOT.
Section 15
Ethics
GCA6861 Page 5 of 19
A. Code of Ethics. The CONTRACTOR agrees to maintain a written code or standards of conduct that shall
govern the performance of its officers, employees, board members, or agents engaged in the award and
41/ administration of contracts, subagreements, leases, third -party contracts, or other arrangements supported by federal
assistance. The code or standards shall provide that the CONTRACTOR's officers, employees, board members, or
agents may neither solicit nor accept gratuities, favors, or anything of monetary value from any present or potential
subcontractor, lessee, sub - recipient, or participant at any tier of the Project, or agent thereof. The CONTRACTOR
may set de minimis rules where the financial interest is not substantial, or the gift is an unsolicited item of nominal
intrinsic value. These codes or standards shall prohibit the CONTRACTOR' s officers, employees, board members,
or agents :.. from, using their. _positions for a purpose that constitutes or presents the . appearance of personal or
organizational conflict of interest or personal gain. As permitted by state or local lawgor regulations, such code or
standards shall include penalties, sanctions, or other disciplinary actions for violations by the CONTRACTOR's
officers, employees, board members, or agents, or by subcontractors, lessees, sub - recipients, other participants, or
their agents. The CONTRACTOR must fully comply with all the requirements and obligations of chapter 42.52
RCW that govern ethics in state and local governments.
1. Personal Conflict of Interest. The CONTRACTOR's code or standards shall prohibit the
CONTRACTOR's employees, Officers, board members, or agents from participating in the selection, award, or
administration of a contract supported by Federal Funds if a real or apparent conflict of interest would be involved.
Such a conflict would arise when any of the PARTIES set forth below has a financial or other interest in the firm or
entity selected for award:
a. The employee, officer, board member, or agent;
b. Any member of his or her immediate family;
c. His or her partner; or
d. An organization that employs, or is about to employ, any of the above.
2. Organizational Conflict of Interest. The CONTRACTOR's code or standard of conduct must include
procedures for identifying and preventing real and apparent organizational conflicts of interest. An organizational
conflict of interest exists when the nature of the work to be performed under a proposed third -party contract,
4110 subagreement, lease, or other arrangement at any tier may, without some restrictions on future activities, result in an
unfair competitive advantage to the subrecipient, lessee, third -party contractor, or other participant ant any tier of the
Project or impair its objectivity in performing the work under this AGREEMENT.
B. Debarment and Suspension. The CONTRACTOR agrees to comply, and assures the compliance of each sub -
recipient, lessee, third -party contractor, or other participant at any tier of the project, with the requirements of
Executive Orders Numbers 12549 and 12689, "Debarment and Suspension, "31 USC § 6101 note, and U.S. DOT
regulations, "Non- procurement Suspension and Debarment" 2 CFR Part 1200, which adopts and supplements the
provisions of U.S. Office of Management and Budget (U.S. OMB) "Guidelines to Agencies on Governmentwide
Debarment and Suspension (Non- procurement)," 2 CFR Part 180. The CONTRACTOR agrees to, and assures that
its subrecipients, lessees, third -party contractors, and other participants at any tier of the Project will, review the
"Excluded Parties Listing System" at http: / /epls.gov/ before entering into any third subagreement, lease, third -party
contract, or other arrangement in connection with the Project, and will include a similar term or condition in each of
its lower -tier covered transactions.
C. Bonus or Commission. The CONTRACTOR affirms that it has not paid, and agrees not to pay, any bonus or
commission to obtain approval of its application for federal financial assistance for this Project.
D. • Relationships with Employees and Officers of WSDOT. The CONTRACTOR shall not extend any loan,
gratuity or gift of money in any form whatsoever to any employee or officer of WSDOT, nor shall the
CONTRACTOR rent or purchase any equipment and materials from any employee or officer of WSDOT.
E. Employment of Former WSDOT Employees. The CONTRACTOR hereby warrants that it shall not engage
on a full -time, part-time, or other basis during the period of this AGREEMENT, any professional or technical
personnel who are, or have been, at any time during the period of this AGREEMENT, in the employ of WSDOT
without written consent of WSDOT.
F. Restrictions on Lobbying. The CONTRACTOR agrees to:
411 1. Comply with 31 USC § 1352(a) and will not use Federal assistance to pay the costs of influencing any
officer or employee of a Federal agency, Member of Congress, officer of Congress or employee of a member of
Congress, in connection with making or extending the Grant AGREEMENT or Cooperative Agreement; and
GCA6861 Page 6 . of 19
2. Comply, and assure compliance by each subcontractor at any tier, each lessee at any tier and each sub -
recipient at any tier, with applicable requirements of U.S. DOT regulations, "New Restriction on Lobbying," 49
CFR Part 20, modified as necessary by 31 USC § 1352; and
•
3. Comply with federal statutory provisions to the extent applicable prohibiting the use of Federal assistance
Funds for activities designed to influence Congress or a state legislature on legislation or appropriations, except
through proper, official channels.
G. Employee Political Activity. To the extent applicable, the CONTRACTOR agrees to comply with the
provisions of the Hatch Act, 5 USC §§ 1501 through 1508, and §§ 7324through 7326, and Office of Personnel
Management regulations, "Political Activity of State or Local Officers or Employees," 5 CFR Part 1ST: "1'he Hatch'`
Act limits the political activities of state and local agencies and their officers and employees, whose principal
employment activities are financed in whole or in part with Federal Funds including a loan, grant, or cooperative
agreement. Nevertheless, in accordance with 49 USC § 5307 (k)(2)(B) and 23 USC § 142(g), the Hatch Act does not
apply to a non - supervisory employee of a public transportation system (or of any other agency or entity performing
related functions) receiving assistance pursuant to the SAFETEA -LU provisions and/or receiving FTA assistance to
whom the Hatch Act does not otherwise apply.
H. False or Fraudulent Statements or Claims. The CONTRACTOR acknowledges and agrees that:
1. Civil Fraud: The Program Fraud Civil Remedies Act of 1986, as amended, 31 USC §§ 3801 et seq., and
U.S. DOT regulations, "Program Fraud Civil Remedies," 49 CFR Part 31, apply to its activities in connection with
the Project. Accordingly, by executing this AGREEMENT, the CONTRACTOR certifies or affirms the truthfulness
and accuracy of each statement it has made, it makes, or it may make in connection with the Project covered by this
AGREEMENT. In addition to other penalties that may apply, the CONTRACTOR also acknowledges that if it
makes a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government, the
Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986, as
amended, on the CONTRACTOR to the extent the Federal Government deems appropriate.
2. Criminal Fraud: If the CONTRACTOR makes a false, fictitious, or fraudulent claim, statement,
submission, certification, assurance, or representation to the Federal Government or includes a false, fictitious, or
fraudulent statement or representation in any agreement in connection with this Project authorized under 49 USC
Chapter 53 or any other federal law, the Federal Government reserves the right to impose on the CONTRACTOR
the penalties of 49 USC §5323(1), 18 USC § 1001 or other applicable Federal law to the extent the Federal
Government deems appropriate.
I. Trafficking in Persons. To the extent applicable, the CONTRACTOR agrees to comply with, and assures the
compliance of each subrecipient with, the requirements of the subsection 106(g) of the Trafficking Victims
Protection Act of 2000 (TVPA), as amended, 22 USC § 7104(g), and the provisions of this Subsection 3.g of FTA
Master Agreement (17) dated October 1, 2010, which by this reference is incorporated herein as if fully set out in
this AGREEMENT, and any amendments thereto, which is accessible at
http: / /www.fta.dot.gov /documents /TEAM Master Agreement 2011 17- Master.pdf consistent with U.S. OMB
guidance, "Trafficking in Persons: Grants and Cooperative Agreements," 2 CFR Part 175.
Section 16
Compliance with Laws and Regulations
The CONTRACTOR agrees to abide by all applicable state and federal laws and regulations including but not
limited to, those concerning employment, equal opportunity employment, nondiscrimination assurances, Project
record keeping necessary to evidence compliance, with such federal and state laws and regulations, and retention of
all such records. The CONTRACTOR will adhere to all of the nondiscrimination provisions in chapter 49.60 RCW.
Section 17
Civil Rights
The CONTRACTOR shall comply with all applicable civil rights laws, regulations and directives, except to the
extent that the Federal Government determines otherwise in writing. These include, but are not limited to, the
following:
A. Nondiscrimination in Federal Transit Programs. The CONTRACTOR agrees to comply, and assures
compliance by each third -party contractor, lessee or other participant at any tier, with the provisions of 49 USC §
5332, which prohibits discrimination on the basis of race, color, creed, national origin, sex, or age, and prohibits
discrimination in employment or business opportunity;
GCA6861 Page 7 of 19
B. Nondiscrimination -Title VI of the Civil Rights Act. The CONTRACTOR agrees to comply, and assure
compliance by each third -party contractor at any tier, with all provisions prohibiting discrimination on the basis of
race, color, or national origin of Title VI of the Civil Rights Act of 1964, as amended, 42 USC §§ 2000d et seq.; and
U.S. DOT regulations, "Nondiscrimination in Federally- Assisted Programs of the Department of Transportation- -
Effectuation of Title VI of the Civil Rights Act ", 49 CFR Part 21. Except to the extent FTA determines otherwise in
writing, the, CONTRACTOR also agrees to follow all applicable provisions of the most recent edition of FTA
Circular 4702.1A, "Title VI and Title VI- Dependent Guidelines for Federal Transit Assistance Recipients," and any
other applicable Federal directives that may be issued;
C. Equal Employment Opportunity. The CONTRACTOR agrees to comply, and assures compliance by each ------
third -party contractor, lessee or other participant at any tier of the Project, with all equal employment opportunity
(EEO) provisions of 49 USC §5332, with requirements of Title VII of the Civil Rights Act of 1964, as amended, 42
USC § 2000e et seq., and any implementing Federal regulations and any subsequent amendments thereto. Except to
the extent FTA determines otherwise in writing, the CONTRACTOR also agrees to comply with any applicable
Federal EEO directives that may be issued. Accordingly:
1. The CONTRACTOR agrees that it will not discriminate against any employee or applicant for employment
because of race, color, creed, sex, disability, age, or national origin. The CONTRACTOR agrees to take affirmative
action to ensure that applicants are employed and that employees are treated during employment, without regard to
their race, color, creed, sex, disability, age, or national origin. Such action shall include, but not be limited to,
employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of
pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR shall
also comply with any implementing requirements FTA may issue.
2. If the CONTRACTOR is required to submit and obtain Federal Government approval of its EEO program,
that EEO program approved by the Federal Government is incorporated by reference and made part of this
AGREEMENT. Failure by the CONTRACTOR to carry out the terms of that EEO program shall be treated as a
violation of this AGREEMENT. Upon notification to the CONTRACTOR of its failure to carry out the approved
EEO program, the Federal Government may impose such remedies, as it considers appropriate, including
• termination of federal financial assistance, or other measures that may affect the CONTRACTOR's eligibility to
obtain future federal financial assistance for transportation projects.
D. Nondiscrimination on the Basis of Sex. The CONTRACTOR agrees to comply with all applicable
requirements of Title IX of the Education Amendments of 1972, as amended, 20 USC §§ 1681 et seq. and with any
implementing Federal regulations that prohibit discrimination on the basis of sex that may be applicable.
E. Nondiscrimination on the basis of Age. The CONTRACTOR agrees to comply with applicable requirements
of:
1. The Age Discrimination Act of 1975, as amended, 42 USC §§ 6101 et seq., and with implementing U.S.
Health and Human Services regulations, "Nondiscrimination on the Basis of Age in Programs and Activities
Receiving Federal Financial Assistance ", 45 CFR Part 90, which prohibits discrimination on the basis of age.
2. The Age Discrimination in Employment Act (ADEA) 29 USC §§ 621 through 634 and with implementing
U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, "Age Discrimination in Employment
Act" 29 CFR Part 1625.
F. Disabilities- Employment. In accordance with section 102 of the Americans with Disabilities Act, as amended,
42 USC § 12112, the CONTRACTOR agrees that it will comply with the requirements of U.S. Equal Employment
Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with
Disabilities Act," 29 CFR Part 1630, pertaining to employment of persons with disabilities. In addition, the
CONTRACTOR agrees to comply with any implementing requirements FTA may issue.
G. Disabilities- Access. The CONTRACTOR agrees to comply with the requirements of 49 USC § .5301(d) which
state the Federal policy that the elderly and persons with disabilities have the same rights as other persons to use
mass transportation service and 'facilities, and that special efforts shall be made in planning and designing those
services and facilities to implement said policy. The CONTRACTOR also agrees to comply with all applicable
requirements of section 504 of the Rehabilitation Act of 1973, as amended, 29 USC § 794, which prohibit
discrimination on the basis of handicap; with the Americans with Disabilities Act of 1990 (ADA), as amended, 42
USC §§ 12101 et seq., which requires the provision of accessible facilities and services to be made available to
persons with disabilities; and the Architectural Barriers Act of 1968, as amended, 42 USC §§ 4151 et seq, which
requires that buildings and public accommodations be accessible to persons with disabilities and with other laws and
amendments thereto pertaining to access for individuals with disabilities that may be applicable. In addition, the
GCA6861 Page 8 of 19
Recipient agrees to comply with applicable implementing Federal regulations and any later amendments thereto, and
agrees to follow applicable Federal directives except to the extent FTA approves otherwise in writing. Among those
regulations and directives are the following: U.S. DOT regulations, "Transportation Services for Individuals with
•
Disabilities (ADA)," 49 CFR Part 37; U.S. DOT regulations, "Nondiscrimination on the Basis of Handicap in
Programs and Activities Receiving or Benefiting from Federal Financial Assistance," 49 CFR Part 27; Joint U.S.
Architectural and Transportation Barriers Compliance Board U.S. DOT regulations; "Americans with Disabilities
(ADA) Accessibility Specifications for Transportation Vehicles," 36 CFR Part 1192 and 49 CFR Part 38; U.S. DOJ
regulations, "Nondiscrimination on the Basis of Disability in State and Local Government Services," 28 CFR Part
35; U.S. DOJ regulations, "Nondiscrimination . -an the Basis of Disability by - Public Accommodations and in
Commercial Facilities," 28 CFR Part 36; U.S. GSA regulations, "Accommodations for the Physically
Handicapped," 41 CFR Subpart 101 -19; U.S. Equal Employment Opportunity Commission, "Regulations to
Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 CFR Part 1630; U.S.
Federal Communications Commission regulations, "Telecommunications Relay Services and Related Custom
Premises Equipment for the Hearing and Speech Disabled," 47 CFR Part 64, Subpart F; U.S. Architectural and
Transportation Barriers Compliance Board (ATBCB) regulations, "Electronic and Information Technology
Accessibility Standards" 36 CFR Part 1194; FTA regulations, "Transportation for Elderly and Handicapped
Persons," 49 CFR Part 609; and Federal civil rights and nondiscrimination directives implementing the foregoing
regulations, except to the extent the Federal Government determines otherwise in writing.
G. Drug or Alcohol Abuse. Confidentiality and Other Civil Rights Protections. The CONTRACTOR agrees
to comply with the confidentiality and other civil rights provisions of the Drug Abuse Office and Treatment Act of
1972, as amended 21 USC §§ 1101 et seq.; with the Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970, as amended; 42 USC §§ 4541 et seq.; and comply with the Public Health
Service Act of 1912, as amended, 42 USC §§ 290dd through 290dd -2, and any amendments to these laws. The
CONTRACTOR understands the requirements of confidentiality concerning persons covered and/or receiving
services and/or treatment regarding alcohol and drug abuse, as defined in the aforementioned acts as applicable,
including any civil and criminal penalties for not complying with the requirements of confidentiality and that failure
to comply with such requirements may result in termination of this AGREEMENT.
H. Access to Services for Persons with Limited English Proficiency. The CONTRACTOR agrees to comply
4110
with the policies of Executive Order No. 13166, "Improving Access to Services for Persons with Limited English
Proficiency," 42 USC § 2000d -1 note, and with provisions of U.S. DOT Notice "DOT Policy Guidance Concerning
Recipients' Responsibilities to Limited English Proficiency (LEP) Persons," 70 Fed. Reg. 74087, December 14,
2005.
I. Environmental Justice. The CONTRACTOR agrees to comply with the policies of Executive Order No.
12898, "Federal Actions to Address Environmental Justice in Minority populations and Low - Income Populations ",
42 USC § 4321 note; and DOT Order 5620.3, "Department of Transportation Actions to address Environmental
Justice in Minority Populations and Low - Income Populations," 62 Fed. Reg. 18377 et seq., April 15, 1997, except to
the extent that the Federal Government determines otherwise in writing.
J. Other Nondiscrimination Statutes. The CONTRACTOR agrees to comply with all applicable provisions of
other Federal laws, regulations, and directives pertaining to and prohibiting discrimination and other
nondiscrimination statute(s) that may apply to the Project including chapter 49.60 RCW.
Section 18
Participation of Disadvantaged Business Enterprises
To the extent applicable, the CONTRACTOR shall take the following measures to facilitate participation by
disadvantaged business enterprises (DBE) in the Project:
A. The CONTRACTOR agrees to comply with section 1101(b) of SAFETEA -LU, 23 USC §101 note, and U.S.
DOT regulations, "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial
Assistance Programs," 49 CFR Part 26; and
B. The CONTRACTOR agrees that it shall not discriminate on the basis of race, color, national origin, or sex in
the award and performance of any third -party contract, or sub - agreement supported with federal assistance derived
from the U.S. DOT or in the administration of its DBE program or the requirements of 49 CFR Part 26. The
CONTRACTOR agrees to take all necessary and reasonable steps under 49 CFR Part 26 to ensure
•
nondiscrimination in the award and administration of all third -party contracts and sub - agreements supported with
federal assistance derived from the U.S. DOT. The CONTRACTOR's DBE program, as required by 49 CFR Part
26 and approved by the U.S. DOT, is incorporated by reference and made part of this AGREEMENT.
GCA6861 Page 9 of 19
Implementation of the DBE program is a legal obligation, and failure to carry out its terms shall be treated as
violation of this AGREEMENT. Upon notification to the CONTRACTOR of its failure to implement its approved
DBE program, the U.S. DOT may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate
cases, refer the matter for enforcement under 18 USC § 1001, and/or the Program Fraud Civil Remedies Act, 31
USC §§ 3801 et seq.
Section 19
Energy Conservation and Environmental Requirements
A. Energy Conservation. The CONTRACTOR shall comply with the mandatory standards and policies relating
to energy efficiency standards and policies within - the Washington State - energy conservation plan issued in
compliance with the Energy Policy and Conservation Act, 42 USC §§ 6321 et seq., and any amendments thereto.
B. Environmental Protection. The CONTRACTOR agrees to comply with all applicable requirements of the
National Environmental Policy Act of 1969, as amended (NEPA), 42 USC §§ 4321 through 4335; Executive Order
No. 11514, as amended, "Protection and Enhancement of Environmental Quality," 42 USC § 4321 note; FTA
statutory requirements at 49 USC § 5324(b); U.S. Council on Environmental Quality regulations imposing
requirements for compliance with the National Environmental Policy Act of 1969, as amended, 40 CFR Part 1500
through 1508; joint Federal Highway Administration (FHWA)/FTA regulations, "Environmental Impact and
Related Procedures," 23 CFR Part 771 and 49 CFR Part 622, and subsequent Federal environmental protection
regulations that may be promulgated. The CONTRACTOR agrees to comply with 23 USC §§ 139 and 326 as
applicable, and implement those requirements in accordance with the provisions of joint FHWA)FTA final
guidance, "SAFETEA -LU Environmental Review Process (Public Law 109 -59)," 71 Fed. Reg. 66576 et seq.,
November 15, 2006, and any applicable Federal directives that may be issued at a later date, except to the extent that
FTA determines otherwise in writing.
C. Clean Water. The recipient agrees to comply with all applicable Federal laws and regulations and follow
Federal directives implementing the Clean Water Act, as amended, 33 USC §§ 1251 through 1377, 42 USC §§ 300f
through 300j -6, and 42 USC § 7606 , including any revisions thereto. In the event that the Federal Funds identified
in the caption space header of this AGREEMENT entitled "Project Cost ", exceed $100,000, the CONTRACTOR
® agrees to comply with all applicable standards, orders, or regulations issued pursuant to Section 508 of the Clean
Water Act, as amended, 33 USC § 1368, and other applicable requirements of the Clean Water Act.
D. Clean Air. The recipient agrees to comply with all applicable Federal laws and regulations and follow Federal
directives implementing the Clean Air Act, as amended, 42 USC §§ 7401 through 7671q and 40 CFR parts 85, 86,
93 and 600, and any revisions thereto. In the event that the federal share, identified in "Project Cost" of this
AGREEMENT exceeds $100,000, the CONTRACTOR shall comply with all applicable standards, orders or
regulations issued pursuant to Section 306 of the Clean Air Act, as amended, 42 USC § 7606, and other applicable
provisions of the Clean Air Act .
E. Violating Facilities. The CONTRACTOR agrees to:
1. Refrain from using any violating facilities,.
2. Report each violation to WSDOT and understands and agrees that WSDOT will, in turn, report each
violation to the FTA and to the appropriate EPA Regional Office.
3. Include these requirements in each subcontract exceeding $100,000 financed in whole or in part with federal
assistance provided by F T A .
Section 20
Accounting Records
A. Project Accounts. The CONTRACTOR agrees to establish and maintain for the Project either a separate set of
accounts or separate accounts within the framework of an established accounting system that can be identified with
the Project, in accordance with applicable federal regulations and other requirements that FTA may impose. The
CONTRACTOR agrees that all checks, payrolls, invoices, contracts, vouchers, orders, or other accounting
documents pertaining in whole or in part to the Project shall be clearly identified, readily accessible, and available to
WSDOT and FTA upon request, and, to the extent feasible, kept separate from documents not pertaining to the
Project.
B. Funds Received or Made Available for the Project. The CONTRACTOR agrees to deposit in a fmancial
institution, all Project payments it receives from the Federal Government and record in the Project Account all
amounts provided by the Federal Government in support of this Grant AGREEMENT or Cooperative
AGREEMENT and all other funds provided for, accruing to, or otherwise received on account of the Project
(Project funds) in accordance with applicable Federal regulations and other requirements FTA may impose. Use of
financial institutions owned at least 50 percent by minority group members is encouraged.
GCA6861 Page 10 of 19
C. Documentation of Project Costs. The CONTRACTOR agrees to support all allowable .costs charged to the
Project, including any approved services contributed by the CONTRACTOR or others, with properly executed
payrolls, time records, invoices, contracts, or vouchers describing in detail the nature and propriety of the charges.
D. Checks, Orders, and Vouchers. The CONTRACTOR agrees to refrain from drawing checks, drafts, or orders
for goods or services to be charged against the Project Account until it has received and filed a properly signed
voucher describing in proper detail the purpose for the expenditure.
Section 21
Audits, Inspection, and Retention of Records
A. Submission of Proceedings, Contracts, Agreements, and Other Documents. During the course of the
Project and for six (6) years thereafter, the CONTRACTOR agrees to retain intact and to provide any data,
documents, reports, records, contracts, and supporting materials relating to the Project as WSDOT may require.
Reporting and record - keeping requirements are set forth in 49 CFR Part 18 or 19, whichever is applicable. Project
closeout does not alter these recording and record - keeping requirements. Should an audit, enforcement, or litigation
process be commenced, but not completed, during the aforementioned six -year period then the CONTRACTOR's
obligations hereunder shall be extended until the conclusion of that pending audit, enforcement, or litigation process.
B. General Audit Requirements. The CONTRACTOR agrees to perform the financial and compliance audits
required by the Single Audit Act Amendments of 1996, 31 USC §§ 7501 et seq. As provided by 49 CFR § 18.26 or
19.26, whichever is applicable, these audits must comply with OMB Circular A -133, Revised, "Audits of States,
Local Governments, and Non -Profit Organizations," and the latest applicable OMB A -133 Compliance Supplement
provisions for the U.S. DOT, and any further revision or supplement thereto. The CONTRACTOR agrees that
audits will be carried out in accordance with U.S. General Accounting Office "Government Auditing Standards ".
The CONTRACTOR agrees to obtain any other audits required by the Federal Government or WSDOT. Project
closeout will not alter the CONTRACTOR's audit responsibilities.
C. Inspection. The CONTRACTOR agrees to permit WSDOT, the State Auditor, the United States Department of
Transportation, and the Comptroller General of the United States, or their authorized representatives, to inspect all
Project work materials, payrolls, and other data and records, and to . audit the books, records, and accounts of the
CONTRACTOR and its subcontractors pertaining to the Project. The CONTRACTOR agrees to require each third -
party contractor whose contract award is not based on competitive bidding procedures as defined by the United
States Department of Transportation to permit WSDOT, the State Auditor, the United States Department of
Transportation, and the Comptroller General of the United States, or their duly authorized representatives, to inspect
all work, materials, payrolls, and other data and records involving that third -party contract, and to audit the books,
records, and accounts involving that third -party contract as it affects the Project as required by 49 USC § 5325(g).
Section 22
Labor Provisions
A. Contract Work Hours and Safety Standards Act. The CONTRACTOR shall comply with, and shall require
the compliance by each subcontractor at any tier, any applicable employee protection requirements for non -
construction employees as defined by the Contract Work Hours and Safety Standards Act, as amended, 40 USC §
3701 et seq., and specifically, the wage and hour requirements of section 102 of that Act at 40 USC § 3702 and
USDOL regulations, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and
Assisted Construction (also Labor Standards Provisions Applicable to Non - construction Contracts Subject to the
Contract Work Hours and Safety Standards Act)" at 29 CFR. Part 5; and the safety requirements of section 107 of
that Act at 40 USC § 3704, and implementing U.S. DOL regulations, "Safety and Health Regulations for
Construction," 29 CFR Part 1926.
B. Fair Labor Standards Act. The CONTRACTOR agrees that the minimum wage and overtime provisions of
the Fair Labor Standards Act, as amended, 29 USC §§ 201 et seq., apply to employees performing work involving
commerce, and apply to any local government employees that are public transit authority employees. The
CONTRACTOR shall comply with the Fair Labor Standards Act's minimum wage and overtime requirements for
employees performing work in connection with the Project.
C. Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which
may require or involve the employment of laborers or mechanics shall require or permit any such laborer or
mechanic in any workweek in which he or she is employed on such work to work in excess of forty (40) hours in
GCA6861 Page 11 of 19
such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one -half times
the basic rate of pay for all hours worked in excess of 40 hours in such workweek.
• D. Payrolls and Basic Records. Payrolls and basic records relating thereto shall be maintained by the
CONTRACTOR during the course of the work and preserved for a period of six (6) years thereafter for all laborers
and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the
Housing Act of 1949, in the construction or development of the Project). Such records shall contain the name,
address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid
(including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the
`-"`" types section 1(b)(2)(13)'ot the Davis -Bacon Act, Public Law 88 -349 as amendedby 40 USC §§ 3141 et
seq., and pursuant to 49 USC §5333(a) et seq., daily and weekly number of hours worked, deductions made and
actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any
laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or
program described in section 1(b)(2)(B) of the Davis -Bacon Act, Public Law 88 -349, as amended by 40 USC § 3141
et seq. and pursuant to 49 USC § 5333(a), the CONTRACTOR shall maintain records which show that the
commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the
plan or program has been communicated in writing to the laborers or mechanics affected, and records which show
the costs anticipated or the actual cost incurred in providing such benefits. CONTRACTOR's employing apprentices
or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs
and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates
prescribed in the applicable programs.
E. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth
in paragraph (A) of this section the CONTRACTOR and any subcontractor responsible therefore shall be liable for
the unpaid wages. In addition, ''such CONTRACTOR and subcontractor shall be liable to the United States for
liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic,
including watchmen and guards„ employed in violation of the clause set forth in paragraph (A) of this section, in the
sum of ten dollars ($10) for each calendar day on which such individual was required or permitted to work in excess
of the standard workweek of forty (40) hours without payment of the overtime wages required by the clause set forth
in paragraph (C) of this section.
F. Withholding for unpaid wages and liquidated damages. The CONTRACTOR shall upon its own action or
upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld,
from any moneys payable on account of work performed by the CONTRACTOR or subcontractor under any such
contract or any other federal contract with the same prime CONTRACTOR, or any other federally- assisted contract
subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime CONTRACTOR,
such sums as may be determined to be necessary to satisfy any liabilities of such CONTRACTOR or subcontractor
for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (E) of this section.
G. Public Transportation Employee Protective Agreement. To the extent required by Federal Law, the
CONTRACTOR agrees to implement the Project in accordance with the terms and conditions that the U.S.
Secretary of Labor has determined to be fair and equitable to protect the interests of any employees affected by the
Project and that comply with the requirements of 49 USC § 5333 (b), in accordance with the USDOL guidelines,
"Section 5333(b), Federal Transit Law," 29 CFR Part 215 and any amendments thereto. These terms and
conditions are identified in USDOL's certification of public transportation employee protective arrangements to
FTA. The CONTRACTOR agrees to implement the Project in accordance with the conditions stated in that USDOL
certification, which certification and any documents cited therein are incorporated by reference and made part of this
AGREEMENT. The CONTRACTOR also agrees to comply with the terms and conditions of the Special Warranty
for the Non - urbanised Area Program that is most current as of the date of execution of this AGREEMENT and any
alternative comparable arrangements specified by USDOL for application to the Project, in accordance with USDOL
guidelines, "Section 5333(b), Federal Transit Law," 29 CFR Part 215, and any revision thereto.
Section 23
Planning and Private Enterprise
FTA Requirements. The CONTRACTOR agrees to implement the Project in a manner consistent with the plans
• developed in compliance with the applicable planning and private enterprise provisions of 49 USC §§ 5303, 5304,
5306, and 5323(a)(1); joint Federal Highway Administration (FHWA)/ FTA regulations,, "Statewide Transportation
Planning: Metropolitan Transportation Planning," 23 CFR Part 450 and 49 CFR Part 613; and any amendments
thereto, and with FTA regulations, "Major Capital Investment Projects," 49 CFR Part 611, to the extent that these
regulations are consistent with the SAFETEA -LU amendments to the public transportation planning and private
GCA6861 Page 12 of 19
enterprise laws, and when promulgated, any subsequent amendments to those regulations. To the extent feasible, the
CONTRACTOR agrees to comply with the provisions of 49 USC § 5323(k), which afford governmental agencies
and non - profit organizations that receive Federal assistance for non - emergency transportation from Federal
•
Government sources (other than U.S. DOT) an opportunity to be included in the design, coordination, and planning
of transportation services. During the implementation of the Project, the CONTRACTOR agrees to take . into
consideration the recommendations of Executive Order No. 12803, "Infrastructure Privatization," 31 USC § 501
note, and Executive Order No 12893, "Principles for Federal Infrastructure Investments," 31 USC § 501 note.
Section 24
Substance Abuse
A. Drug and Alcohol Testing. If receiving FTA 5309 and/or FTA 5311 funding, CONTRACTOR agrees to
establish and implement a drug and alcohol testing program that complies with 49 CFR Part 655, produce any
documentation necessary to establish its compliance with Part 655, and permit any authorized representative of the
U.S. DOT or its operating administrations and WSDOT to inspect the facilities and records associated with the
implementation of the drug and alcohol testing program as required under 49 CFR Part 655 and review the testing
process. The CONTRACTOR agrees further to submit annually the Management Information System (MIS) reports
to WSDOT each year during the term identified in the caption space header above titled "the Term of Project."
B. Drug -free Workplace. To the extent applicable, the CONTRACTOR agrees to comply with the Federal
regulations and guidance related to the Drug Free Workplace Act of 1988, 41 USC §§ 701 et seq., and any
amendments thereto, 2 CFR Part 182, and 49 CFR Part 32, and to FTA regulations, "Prevention of Alcohol Misuse
and Prohibited Drug Use in Transit Operations," 49 CFR Part 655 and 49 USC § 5331.
C. Privacy Act. The CONTRACTOR agrees to comply with the confidentiality and other civil rights provisions
pertaining to substance abuse contained in the Civil Rights clause of this AGREEMENT.
Section 25
Federal "$1 Coin" Requirements
To the extent required by the Federal Government, the CONTRACTOR agrees to comply with the provisions of
section 104 of the Presidential $1 Coin Act of 2005, 31 USC § 5112(p), so that the CONTRACTOR's equipment
and facilities requiring the use of coins or currency will be fully capable of accepting and dispensing $1 coins in the
connection with that use. The CONTRACTOR also agrees to display signs and notices denoting the capability of its
equipment and facilities on its premises where coins or currency are accepted or dispensed, including on each
vending machine.
Section 26
Safe Operation of Motor Vehicles
As applicable, CONTRACTOR is encouraged to comply with the following provisions:
A. Executive Order No. 13043, "Increasing Seat Belt Use in the United States," 23 USC § 402 note.
CONTRACTOR is encouraged to adopt and promote on-the-job seat belt use policies and programs for personnel
that operate company -owned vehicles.
B. Executive Order No. 13513, "Federal Leadership on Reducing Text Messaging While Driving," and DOT
Order 3902.10, "Text Messaging While Driving." CONTRACTOR is encouraged to adopt and enforce workplace
safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while
driving. CONTRACTOR is also encouraged to conduct workplace safety initiatives in a manner commensurate
with its size.
Section 27 -
Freedom of Information Act
CONTRACTOR understands and agrees that the Freedom of Information Act (FOIA), 5 USC § 552, applies to the
information and documents, both paper and electronic, submitted to WSDOT, FTA and U.S. DOT. The
CONTRACTOR should therefore be aware that all applications and materials submitted that are related to
PROJECT will become agency records and are subject to public release through individual FOIA or state public
disclosure requests.
Section 28
Coordination of Special Needs Transportation
It is the policy of WSDOT to actively support coordination of special needs transportation in the State. As a
condition of assistance, the CONTRACTOR is required to participate in local coordinated planning as led by
GCA6861. Page 13 of 19
CONTRACTOR's relevant Metropolitan Planning Organization (MPO) and/or Regional Transportation Planning
Organization (RTPO). Persons with special transportation needs means those persons, including their personal
attendants, who because of physical or mental disability, income status, or age are unable to transport themselves or
purchase transportation.
Section 29
Agreement Modifications
Either PARTY may request changes to this AGREEMENT. Any changes to the terms of this AGREEMENT must
be mutually agreed upon and incorporated by written amendment to this AGREEMENT. Such amendments shall
'trot be binding or valid unless signed by the persons authorized to bind each of the PARTIES.
Section 30
Changed Conditions Affecting Performance
The CONTRACTOR hereby agrees to immediately notify WSDOT in writing of any change in conditions or law, or
of any other event, including any current or prospective dispute, which may adversely affect WSDOT's interst in the
PROJECT or affect CONTRACTOR's ability to perform the Project in accordance with the provisions of this
AGREEMENT.
Section 31
Universal Identifier
CONTRACTOR shall, in accordance with 2 CFR Part 25, obtain a Dun and Bradstreet Data Universal Numbering
System (DUNS) number as a univeral identifier for Federal financial asistance recipients.
Section 32
Disputes
A. Disputes. Disputes, arising in the performance of this AGREEMENT, which are not resolved by agreement of
the PARTIES, shall be decided in writing by the WSDOT Public Transportation Assistant Director or Assistant
Director's designee. This decision shall be final and conclusive unless within ten (10) days from the date of the
CONTRACTOR's receipt of WSDOT's written decision, the CONTRACTOR mails or otherwise furnishes a
411 written appeal to the Director of the Public Transportation Division or the Director's designee. The
CONTRACTOR's appeal shall be decided in writing by the Director of the Public Transportation Division within
thirty (30) days of receipt of the appeal by the Director of Public Transportation Division or Director's designee.
The decision shall be binding upon the CONTRACTOR and the CONTRACTOR shall abide by the decision.
B. Performance During Dispute. Unless otherwise directed by WSDOT, CONTRACTOR shall continue
performance under this AGREEMENT while matters in dispute are being resolved.
C. Claims for Damages. Should either PARTY to this AGREEMENT suffer injury or damage to person,
property, or right because of any act or omission of the other PARTY or any of that PARTY's employees, agents or
others for whose acts it is legally liable, a claim for damages therefore shall be made in writing to such other
PARTY within thirty (30) days after the first observance of such injury or damage.
D. Rights and Remedies. All remedies provided in this AGREEMENT are distinct and cumulative to any other
right or remedy under this document or afforded by law or equity, and may be exercised independently,
concurrently, or successively and shall not be construed to be a Iimitation of any duties, obligations, rights and
remedies of the PARTIES hereto. No action or failure to act by the WSDOT or CONTRACTOR shall constitute a
waiver of any right or duty afforded any of them under this AGREEMENT, nor shall any such action or failure to
act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed h
writing.
Section 33
State and Local Law
Except when a Federal statute or regulation pre -empts state and/or local law, regulation or ordinance, no provision
of this AGREEMENT shall require the CONTRACTOR to observe or enforce compliance with any provision,
perform any other act, or do any other thing in contravention of state or local law, regulation or ordinance. Thus if
any provision or compliance with any provision of this AGREEMENT violate state or local law, regulation or
ordinance, or would require the CONTRACTOR to violate state or local law, regulation or ordinance, the
CONTRACTOR agrees to notify WSDOT immediately in writing. Should this occur, WSDOT and the
CONTRACTOR agree to make appropriate arrangements to proceed with or, if necessary, expeditiously, terminate
the Project.
Section 34
GCA6861 Page 14 of 19
Termination
A. Termination for Convenience. WSDOT and/or the CONTRACTOR may suspend or terminate this
AGREEMENT, in whole or in part, and all or any part of the federal and/or state financial assistance provided
herein, at any time by written notice to the other PARTY in accordance with 49 CFR Part 18 § 18.44 or 49 CFR Part
19 § 19.61, whichever is applicable. WSDOT and the CONTRACTOR shall agree upon the AGREEMENT
termination provisions including but not limited to the settlement terms, conditions, and in the case of partial
termination the portion to be terminated. Written notification must set forth the reasons for such termination, the
effective date, and in case of a partial termination, the portion to be terminated. However, if, in the case of partial
termination, WSDOT determines that the remaining portion of the award.will not accomplish. the purposes for which
the award was made WSDOT may terminate the award in its entirety. WSDOT and/or the CONTRACTOR may
terminate this AGREEMENT for convenience for reasons including, but not limited to, the following:
1. The requisite federal and/or state funding becomes unavailable through failure of appropriation or
otherwise;
2. WSDOT determines, in its sole discretion, that the continuation of the Project would not produce beneficial
results commensurate with the further expenditure of federal and/or state funds;
3. The CONTRACTOR is prevented from proceeding with the Project as a direct result of an Executive Order
of the President with respect to the prosecution of war or in the interest of national defense; or an Executive Order of
the President or Governor of the State with respect to the preservation of energy resources;
4. The CONTRACTOR is prevented from proceeding with the Project by reason of a temporary preliminary,
special, or permanent restraining order or injunction of a court of competent jurisdiction where the issuance of such
order or injunction is primarily caused by the acts or omissions of persons or agencies other than the
CONTRACTOR;
5. The Federal Government and/or State Government determines that the purposes of the statute authorizing
the Project would not be adequately served by the continuation of federal and/or state financial assistance for the
Project; or
6. The Federal Government terminates this AGREEMENT due to a determination that the CONTRACTOR
has: (a) willfully misused Federal assistance Funds by failing to make adequate progress on the Project, (b) failed to
make reasonable and appropriate use of the Project real property, facilities, or equipment, or (c) failed to comply
with the terms of this AGREEMENT. In the event of a termination under this subsection, and the Federal
•
Government exercises its right to require WSDOT to refund any or all of the Federal Funds provided for the Project,
the CONTRACTOR shall return all monies reimbursed to it by WSDOT, in the amount required by the Federal
Government, within sixty (60) days of its receipt of a certified letter from WSDOT.
7. In the case of termination for convenience under subsections A.lthrough A.5 above, WSDOT shall
reimburse the CONTRACTOR for all costs payable under this AGREEMENT which the CONTRACTOR properly
incurred prior to termination. The CONTRACTOR shall promptly submit its claim for reimbursement to WSDOT.
If the CONTRACTOR has any property in its possession belonging to WSDOT, the CONTRACTOR will account
for the same, and dispose of it in the manner WSDOT directs.
B. Termination for Default. WSDOT may suspend or terminate this AGREEMENT for default, in whole or in
part, and all or any part of the federal financial assistance provided herein, at any time by written notice to the
CONTRACTOR, if the CONTRACTOR materially breaches or fails to perform any of the requirements of this
AGREEMENT, including:
1. Takes any action pertaining to this AGREEMENT without the approval of WSDOT, which under the
procedures of this AGREEMENT would have required the approval of WSDOT;
2. Jeopardizes its ability to perform pursuant to the AGREEMENT, United States of America laws,
Washington state laws, or local governmental laws under which the CONTRACTOR operates.
3. Fails to make reasonable progress on the Project or other violation of this AGREEMENT that endangers
substantial performance of the Project; or
4. Fails to perform in the manner called for in this AGREEMENT or fails to comply with, or is in violation of,
any provision of this AGREEMENT. WSDOT shall serve a notice of termination on the CONTRACTOR setting
forth the manner in which the CONTRACTOR is in default hereunder. If it is later determined by WSDOT that the
CONTRACTOR had an excusable reason for not performing, such as events which are not the fault of or are beyond
the control of the CONTRACTOR, such as a strike, fire or flood, WSDOT may: (a) allow the CONTRACTOR to
continue work after setting up a new delivery of performance schedule, or (b) treat the termination as a termination
for convenience.
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C. WSDOT, in its sole discretion may, in the case of a termination for breach or default, allow the
CONTRACTOR ten (10) business days, or such longer period as determined by WSDOT, in which to cure the
GCA6861 Page 15 of 19
defect. In such case, the notice of termination will state the time period in which cure is permitted and other
appropriate conditions. If the CONTRACTOR fails to remedy to WSDOT's satisfaction the breach or default within
the timeframe and under the conditions set forth in the notice of termination, WSDOT shall have the right to
terminate this AGREEMENT without any further obligation to CONTRACTOR. Any such termination for default
shall not in any way operate to preclude WSDOT from also pursuing all available remedies against CONTRACTOR
and its sureties for said breach or default.
D. In the event that WSDOT elects to waive its remedies for any breach by CONTRACTOR of any covenant, term
or condition of this AGREEMENT, such waiver by WSDOT shall not limit WSDOT's remedies for any succeeding
.� r'6
breach of that or of any other term, covenant, or condifion of this AGREEMENT: '
Section 35
Forbearance by WSDOT Not a Waiver
Any forbearance by WSDOT in exercising any right or remedy hereunder, or otherwise afforded by applicable law,
shall not be a waiver of or preclude the exercise of any such right or remedy.
Section 36
Lack of Waiver
In no event shall any WSDOT payment of grant funds to the CONTRACTOR constitute or be construed as a waiver
by WSDOT of any CONTRACTOR breach or default. Such payment shall in no way impair or prejudice any right
or remedy available to WSDOT with respect to any breach or default.
Section 37
Limitation of Liability
A. The CONTRACTOR shall indemnify and hold harmless WSDOT, its agents, employees, and officers and
process and defend at its own expense any and all claims, demands, suits at law or equity, actions, penalties, losses,
damages, or costs (hereinafter referred to collectively as "claims "), of whatsoever kind or nature brought against
WSDOT arising out of, in connection with or incident to the execution of this AGREEMENT and/or the
CONTRACTOR's performance or failure to perform any aspect of this AGREEMENT. This indemnity provision
applies to all claims against WSDOT, its agents, employees and officers, and subcontractors arising out of in
connection with or incident to the negligent acts omissions of the CONTRACTOR, its agents, employees and
officers. Provided, however, that nothing herein shall require the CONTRACTOR to indemnify and hold harmless
or defend the WSDOT, its agents, employees or officers to the extent that claims are caused by the negligent acts or
omissions of the WSDOT, its agents, employees or officers. The indemnification and hold harmless provision shall
survive termination of this AGREEMENT.
B. The CONTRACTOR shall be deemed an independent CONTRACTOR for all purposes, and the employees of
the CONTRACTOR or its subcontractors and the employees thereof, shall not in any manner be deemed to be the
employees of WSDOT.
C. The CONTRACTOR specifically assumes potential liability for actions brought by CONTRACTOR's
employees and/or subcontractors and solely for the purposes of this indemnification and defense, the
CONTRACTOR specifically waives any immunity under the State Industrial Insurance Law, Title 51 Revised Code
of Washington.
D. In the event either the CONTRACTOR or WSDOT incurs attorney's fees, costs or other legal expenses to
enforce the provisions of this section of the AGREEMENT against the other PARTY, all such fees, costs and
expenses shall be recoverable by the prevailing PARTY.
Section 38
WSDOT Advice
The CONTRACTOR bears complete responsibility for the administration and success of the Project as it is defined
by this AGREEMENT and any amendments thereto. If the CONTRACTOR solicits advice of WSDOT on problems
that may arise, the offering of WSDOT advice shall not shift the responsibility of the CONTRACTOR for the
correct administration and success of the Project, and WSDOT shall not be held liable for offering advice to the
CONTRACTOR.
Section 39
Venue and Process
In the event that either PARTY deems it necessary to institute legal action or proceedings to enforce any right or
obligation under this AGREEMENT, the PARTIES hereto agree that any such action shall be initiated in the
GCA6861 Page 16 of 19
Superior Court of the State of Washington situated in Thurston County. The CONTRACTOR hereby accepts the
issuing and service of process by registered mail at the mailing address shown in the caption space headers above of
this AGREEMENT titled CONTRACTOR and Washington State Department of Transportation. The PARTIES
agree that the laws of the state of Washington shall apply.
Section 40
Subrogation
A. Prior to Subrogation. WSDOT may require the CONTRACTOR to take such action as may be necessary or
appropriate to preserve the CONTRACTOR's right to recover damages from any person or organization alleged to
be legally responsible for injury to any equipment, property, or transportation pr.oaram in which WSDOT has ,a
financial interest.
B. Subrogation. WSDOT may require the CONTRACTOR to assign to it all right of recovery against any person
or organization for loss, to the extent of WSDOT's loss. Upon assignment, the CONTRACTOR shall execute,
deliver, and do whatever else necessary to secure WSDOT's rights. The CONTRACTOR shall do nothing after any
loss to prejudice the rights of WSDOT.
C. Duties of the CONTRACTOR If WSDOT has exercised its right of subrogation, the CONTRACTOR shall
cooperate with WSDOT and, upon WSDOT's request, assist in the prosecution of suits and enforce any right against
any person or organization who may be liable to WSDOT. The CONTRACTOR shall attend hearings and trials as
requested by WSDOT, assist in securing and giving evidence as requested by WSDOT, and obtain the attendance of
witnesses as requested by WSDOT.
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Section 41
Counterparts
This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be
an original having identical legal effect. The CONTRACTOR does hereby ratify and adopt all statements,
representations, warranties, covenants, and agreements and their supporting materials contained and/or mentioned
herein, and does hereby accept WSDOT's grant and agrees to all of the terms and conditions thereof.
Section 42
Complete Agreement
This document contains all covenants, stipulations, and provisions agreed upon by WSDOT. No agent or
representative of WSDOT has authority to make, and WSDOT shall not be bound by or be liable for, any statement,
representation, promise, or agreement not set forth herein or made by written amendment hereto.
Section 43
Severability
If any covenant or provision of this AGREEMENT shall be adjudged void, such adjudication shall riot affect the
validity or obligation of performance of any other covenant or provision, or any part thereof, which in itself is valid
if such remainder conforms to the terms and requirements of applicable law and the intent of this AGREEMENT.
No controversy concerning any covenant or provision shall delay the performance of any other covenant or
provision except as herein allowed.
Section 44
Section Headings
All section headings are inserted for convenience only and shall not affect any construction or interpretation of this
AGREEMENT.
Section 45
Execution
This AGREEMENT is executed by the Director, Public Transportation Division, State of Washington, Department
of Transportation or the Director's designee, not as an individual incurring personal obligation and liability, but
solely by, for, and on behalf of the State of Washington, Department of Transportation, in the capacity as Director,
Public Transportation Division, or as a designee.
Section 46
Binding Agreement
The undersigned acknowledge that they are authorized to execute this AGREEMENT and bind their respective
agencies or entities to the obligations set forth herein.
GCA6861 Page 17 of 19
IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT the day and year last written
below.
WASHINGTON STATE CONTRACTOR
DEPARTMENT OF TRANSPORTATION
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By: By:
Brian Lagerberg, Director Authorized Representative
Public Transportation Division
Title:
Print Name:
Date: Date:
APPROVED AS TO FORM
By: Susan Cruise
Assistant Attorney General
Date: June 6, 2011
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GCA6861 Page 18 of 19
Exhibit I
SCOPE OF WORK AND BUDGET
Total Project Cost
Federal Funds $137,649
State Funds $165,919
Contractor Funds $248,611
Total Project Cost $552,179
Funding by Project
PROJECT A
Scope of Work: Provide operating funding assistance to sustain an additional hour of fixed route and
paratransit service each day on each route from July 1, 2011, until June 30, 2012, to accommodate job
access and employment related activities to persons with special needs.
Funding Percentage Totals
FTA 5316 (Urban) 50% $58,175
Contractor Funds 50% $58,175
Total Project Cost 100% $116,350
Budget: Funding and percentages identified reflect total project funds for 2011 -2013.
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PROJECT B
Scope of Work: Provide operating funding assistance to sustain operation of fixed -route service on
Sundays to accommodate job access and employment related activities to persons with special needs.
Funding Percentage Totals
FTA 5316 (Urban) 29% $79,474
Contractor Funds 71% $190,436
Total Project Cost 100% $269,910
Budget: Funding and percentages identified reflect total project funds for 2011 -2013.
PROJECT C
Scope of Work: Provide operating assistance to sustain demand response ADA accessible service within
the Cities of Yakima and Selah.
Funding Percentage Totals
Paratransit Special 100% $165,919
Needs Formula
Total Project Cost 100% $165,919
Budget: Funding and percentages identified reflect total project funds for 2011 -2013.
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GCA6861 Page 19 of 19