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Home My WebLink AboutAgenda Packet 1999/01/12 Tuesday, January 12, 1999 6:00 p.m. Uj (lc--;lcre un-<or r-~~a1t): ~: _ perr;,~_r;} t~~\~:m err ,'., ,"!,.:, ',),,- -/:"~ ! i',_l 01 \...I,u, _" ,,;,a',n. . " ,.rrr":-\'1-1:~,;:.tlp03ted \...J ~ ';: 'J '::it 1. n J ."c' 'n .. -", . < ;, C c,n r {! C";licUn Board at lC<\;!5 llU-' .j;1j 2nd at City Hall 0 S\G\~ED \UC, " tr.!) :. llIj~jc DATED, I Council Chamhers Puhlic Services Building Ret!ular Meetinu of the City of Chula Vista Citv Council CALL TO ORDER 1. ROLL CALL: Councilmemhers Davis_. Moot_. Padilla_. Salas_. and Mayor Horton_. 2. PLEDGE OF ALLEGIANCE TO THE FLAG. MOMENT OF SILENCE APPROV AL OF MINUTES: Novemher 24, J 998. 3. 4. SPECIAL ORDERS OF THE DAY: None suhmitted. CONSENT CALENDAR (/rOilS 5 IhrouRh 11) The staff recommendations regarding the following items listed under the Consent Calendor will be enacted by the Council by one motion without discussion unless a Councilmember, a member of the public, or City staff requests that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak Fonn" available in the lobby and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar wiLL be discussed after Board and Commission Recommendations allll Action Items. Items pulled by the public will be the first iteltls of business. 5. WRITTEN COMMUNICATIONS: A. Letter from the City Attorney statin}t that to the he...,;t of his knowled}te from ohservance of actions taken in Closed Session on January 5, 1999, that there were no actions taken which are required under the Brown Act to he reported. It is recommended that the letter he received and fikd. B. Letter frnm Courtney Lynn Mnyers requestin}t financial assistance to attend the 1999 Youth Leadership Conference at Freedoms Foundation at Valley Forge, Pennsylvania and Washington1 D.C. It is recommended that $50 he granteJ towards expenses incurred for Ms. Moyers trip to Valley Forge, in exchange for which she will eXt',cute a contract with the City to make a presentation to one of the City's youth groups. C. Letter of re.o,;i}.!:nation from the Human Relatinns Commission - Rirardo A. Jimenez. It is recommended that the resignation he accepteJ with regret and the City Clerk he directed to post immediately <-Kcording to the Maddy Act in the Clerk's Office and the Puhlic Lihrary. 6. ORDINANCE 2770 AMENDING ORDINANCE 2579 WHICH ESTABLISHED AN INTERIM PRE- SR125 DEVELOPMENT IMPACT FEE TO PAY FOR TRANSPORTATION FACILITIES IN THE CITY'S EASTERN AREA, IN ORDER TO REMOVE EASTLAKE TRAILS, EASTLAKE BUSINESS PARK II. BONITA MEADOWS AND SALT CREEK RANCH FROM THE LIST OF AREAS EXCLUDED FROM PAYING THE FEE (second reHdinu and adoDtion) - Currently. the Interim Pre-SR 125 Development Impact Fee Ordinance 2579, Section 2(e) tlehnes the" Eastern Territories" assessed for this fee and restricts the collection of this DIF for EastLake Trails, Bonita Meadows and phases of Salt CreL~k Ranch exceeding 1,043 Equivalent Dwelling Units. The DIF area hounJaries were designed to med the development in this region of the City. The ordinance needs to he revised due to changes in anticipated development not induded in the May 1993 feasihility study. Staff recommends Council place the ordinance on second reading and adoption. (Director of Puhlil' Works) Agenda -2- January 12, 1999 7. RESOLUTION 19329 ACCEPTING $2,700 FROM THE FACTORY MUTUAL SYSTEM - ARSON FUND GRANT PROGRAM AND APPROPRIATING SUCH FUNDS FOR EQlJIPMENT PROCUREMENT - The Fire Department has received a grant award in the amount of $2.700 from Factory Mutual System. The grant will he used to address the rising prohlem of arson. As specific dements of the grant award. these funds will enahle the purchase of photographic equipment. evidence logging equipment, and investigative hand tools. Staff recommends approval of the resolution. (Fire Chid) 4/5th's vote required. 8. RESOLUTION 19330 AMENDING THE 1998/99 CAPITAL IMPROVEMENT PROGRAM AND TRANSFERRING FUNDS TO PROVIDE FUNDING TO REPLACE PARK MAINTENANCE BUILDING AT ROHR PARK - The Rohr Park maintenance building was inspected by the City's Risk Analyst and the Safety Inspection Committee on March 26, 1998. The Risk Manager issued a report recommending immediate action to correct safety conditions. Staff recommends approval of the resolution. (Director of Puhlic Works) 9. RESOLUTION 19331 ACCEPTING BIDS, AWARDING CONTRACT FOR "SWEETWATER RIVER DRAINAGE CHANNEL SILT REMOVAL IN THE COUNTY OF SAN DIEGO AND THE CITY OF CHULA VISTA (DR-132)" - Sealed inti>rmal bids were received December 4, 1998. The work to he done consists of removal and disposal of silt within the channd in order for the channd to drain. Staff recommends approval of the resolution. (Director of Puhlic Works) 10. RESOLUTiON 19332 AUTHORIZING THE ISSUANCE OF ENCROACHMENT PERMIT NUMBERS PE-439 AND PE-443 FOR CONSTRUCTION OF ENTRY MONUMENT SIGNS PROPOSED FOR THE ROLLING HILLS RANCH SUBDIVISION LOCATED ON HUNTE PARKWA Y AND PROCTOR VALLEY ROAD RESPECTIVELY - Pacific Bay Homes, owners of the Rolling Hills Ranch suhdivision. also known as Salt Creek Ranch. are proposing to construct two entry monument signs along Hunte Parkway and two entry monument signs along Proctor Valley Road. The proposed encroachments are lo(;ated within puhlic street right-of-way, open space lanuscape and sidewalk easements and will function as the entrance to the Rollin,!; Hills Ranch suhdivision. Staff recommends approval of the resolution. (Director of Puhlii..' Works) II. RESOLUTiON 19333 APPROVING FUND TRANSFER AGREEMENT WITH THE METROPOLlT AN TRANSIT DEVELOPMENT BOARD (MTDB) FOR THE ACQUISiTiON OF 15 COMPRESSED NATURAL GAS BUSES AND AUTHORIZING THE TRANSFER AND REPROGRAMMING OF FUNDS - This agreement will initiate the process to replace 15 Chula Vista Transit Bus~s with 15 Compressed Natural Gas Buses. Staff recommelllls approval of the resolution. (Director of Puhlic Works) * * * I~'NJ) OF C()NS/~'NT CAI.ENIMR * * * ORAL COMMUNICATIONS This is an opportunity Jar the general public 10 address the City Council on any subject matter within the Council's jurisdiction that is not an item on this agenda for public discussion, (Stafe law, however, generally prohibits the City Council from ,aking aclion 011 any issues nol included on Ihe posled agenda.) If .1'01/ wish 10 address the Council on such a subjecl, please cOlI/plele Ihe "Requesl 10 Speak Ullder Oral COII/II/ullicaliol/S Fonn /I available in the lobby anti submit it (0 the City Clerk prior 10 the meeting. 71lOse who wish 10 speak, please give your name and address for record purposes and follow lip action. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES The following items hm'e been odrertiset! Gild/or posted as public hearings as required by law. If you wish 10 speak 10 any ilem, please fill oullhe "Requesllo Speak Fonll" ami/able in Ihe lobby olld submit it 10 Ihe City Clerk prior 10 Ihe meelillg. N()n~ suhmitkd. Agenda + January 12, 1999 BOARD AND COMMISSION RECOMMENDATIONS This is the time the City Council will consider items which have been forwarded to them for consideration by one of the City's Boards, Commissions, and/or Committees. None suhmitteu. ACTION ITEMS The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by the Council, staff, or members of the general public. The items will be considered individually by the Council and stall recommendations may in certain cases be presented in the alternative. Those who wish to speak, please fill out a "Request to Speak" foml available in the lobby and submit it to the City Clerk prior to the meeting. 12. ORDINANCE 2769 AMEN[)IN(; SECTION 2.52.040 OF THE MUNICIPAL CODE TO MODIFY THE DEFINITION OF "CONTRIBUTIONS" TO ALLOW FOR COLLECTION OF ADDITIONAL FUNDS TO RETIRE A DEBT INCURRED IN A DECLARATORY RELIEF ACTION OR ANY ACTION TO ENFORCE PERCEIVED RIGHTS UNDER THE ELECTIONS CODE OR THE MUNICIPAL CODE (first readin!!) - During the most rel:ent Council eledion a candidate inl:urred suostantial legal fees in an effort to enforl:e rights under the Eledion Code. The l:urrent City ordinanl:e exempts from the definition of "conlrioutions" other donations made to a candidate or councilmemoers to assist in paying legal tees. The proposed amendment to the ordinance would make the legal defense fund exception more equitaole. Staff recolllmends Council place the ordinanl.:e on first reading. (City Attorney) Continued from the meetin!: of Decemher 15, 1998. ITEMS PULLED FROM THE CONSENT CALENDAR This is the time the City Council will discuss items which ha~'e been removed from the Consent Calendar. Agenda items pulled at the request of the public will be considered prior to those pulled by Councilmembers. OTHER BUSINESS 13. CITY MANAGER'S REPORT(S) A. Sl:heJuling of Illt'etings. 14. MA YOR'S REPORT(S) 15. COUNCIL COMMENTS ADJOURNMENT The meeting will aJ.iourn to (a dosed session and thence to) the regular City Councilmeding on January 19, 1999 at 6:00 p.m. in the City Council Chamoers. "I declare under penalty of perjury that I am employe1 by the City of Chula Vista in the Office of the City Cler!; and that I posted this Agenda/Noliee on the Bulletin Board at Tuesday, January 12, ]999 the Public erv' as Building and at ~it Hall on Council Chamners 6:00 p.m. DATED. / SIGNED ~./~~IiC Services Building (immediately following the City Council Me tin CHULA VISTA CITY COUNCIL CLOSED SESSION AGENDA Effective April I, 1994, there have been new amendments to the Brown Act. Unless the City AI/artley, the City Manager or the City Council states otherwise at this time, the Council will discuss and deliberate on the following items of business which are pennil/ed by law to be the subject of a closed session discussion, and which the Council is advised should be discussed in closed session to best protect the interests of the City. The Council is required by law to return to open session, issue any reports of final action taken in closed session, and the votes taken. However, due to the typical length of time taken up by closed sessions, the videotaping will be temlinated at this point in order to save costs so that the Council's return from closed session, reports of final action taken, and adjournment will not be videotaped. Nevertheless, the report of final action taken will be recorded in the minutes which will be available in the City Clerk's Office. I. CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6 . Confidential employees. 2. REPORT OF ACTIONS TAKEN IN CLOSED SESSION ~Vt- ~ ~~;:E~ CllY OF CHUlA VISfA OFFICE OFTHE CITY ATTORNEY Date: January 6, 1999 To: The Honorable Mayor and City Council ~ John M. Kaheny, City Attorney ~ Report Regarding Actions Taken i~losed Session for the Meeting of 1/5/99 From: Re: The City Council met in Closed Session on 1/5/99 to discuss: Existing litigation pursuant to Government Code section 54956.9: Rutherford v. City of Chula vista. The Redevelopment Agency met in Closed Session on 1/5/99 to discuss: Council Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: Property: Assessor Parcel Nos. 565-310-09; 565-310- 25 Negotiating Parties: Redevelopment Agency (Chris Salomone) and city of San Diego Under Negotiation: Disposition price and terms The City Attorney hereby reports to the best of his knowledge from observance of actions taken in the Closed Session in which the City Attorney participated, that there were no reportable actions which are required under the Brown Act to be reported. JMK: 19k H:\home\lorraine\lt\clossess.no S/l-/ 276 FOURTH AVENUE. CHULA VISTA. CALIFORNIA 91910. (619) 691-5037. FAX (619) 409-5823 ,,;"?; Poot-Consumer Re"ydod Pape' RECEIVED 1458 Woodglen Terrace Bonita, CA, 91902 "99 JM -4 P 3 :56 I~'\ [s fi'l ~ 0 W I~ , ['I <, l!J _-, . '.,1-- - f;J I JAN 4 199R , L , ( nl-OffICES -~ , , ,. ,,'" , I ."..___~'.__:~:""_~"':""'--.-J 276 4lh Ave. Chula Vista, CA, 9191 0 CITY OF CHULA VIS:; CITY CLERK'S OFFIU Dear Mayor Shirley Horton 1 am one of thirty-six high school stodents recently selected to attend the 1999 Youth Leadership Conference at Freedoms Foundation at Valley Forge, Pennsylvania and Washington D.C. The mission of Freedoms Foundation at Valley is to impart to Americans particularly young Americans an understanding of and commitment to our national heritage, the basis values upon which this nation was built, the free enterprise system, and responsible citizens. The conference on the Valley Forge campus will include meetings with prominent historians, educators, journalists, and economists. There will also be tours of Valley Forge National Park and historic Philadelphia. We will travel to Washington, D.C., to meet legislators and visit important national historic sites. I am a junior at Bonita Vista High Schoo1. My school and extra curricular activities include A Teens Garden of Voices, Task Force, Citizenship Awards, N Softball (2 years), Speech Contest (Optimist), Writing Contest (Better Business Bureau), Baby-sitting, and volunteer work through my church teaching others how to improve in reading and how to become moral people. 1 am enrolled in IB AB Physics, Pre. Calculus, English and History. I am also involved in Spanish 5/6 and Cross Age Teaching. 1 bave a 3.73 GPA. The San Diego County Cbapter of Freedoms Foundation at Valley Forge organizes, sponsors, and underwrites a significant portion of the cost of this trip. We students are asked to find financial sponsors within our community who support youth programs. I need to raise $600 by February 6, 1999. I hope that the City of Chula Vista will consider helping me achieve this goal and take part in a wonderful life cbanging experience. To show my appreciation for your sponsorship, 1 would be my pleasure to talk about the Freedoms Foundation at Valley Forge and Washington D.C. conference at one of your meetings. Please call me at (619) 421-6905 or Carrie Gugger, Vice President of Youth at (619) 472-8897 if you need more information. Checks IIIIISt be made out to lm. San Diego County Chapter and mailed to the Ms. Gugger at the address given below. Please include my name with it. Thank you so very much for considering sponsoring me on this thrilling and life changing learning opportunity. Sin7"f~e~ "2;' (/(r 7. .'} 0\ --<;...J Court . yun MO'S . ,~..,. ,,^ ~ ""'". 0'\"" "\P \,~i~ d' . il~;,) c " ."" '" ", ',,' ".~ ~ J / " /. r f /"7 /'t ,..." '~;'/:'~~, ""~:.~ '/'';". '~, - ~~ W~td ~ ~~j", . ;, .-\ Carrie Gugger Vice President, Youth Programs 4785 Corte Mariposa Bonita, CA 91902 F:.5. - .... T ..,Ac f;vll"'\jiIl"'\G\->vlC\'>J:':l.t"t:\. T \:"-t. ,"v-, \3~..'\;t<..\ LC: ~r;~ (</) S'8-/ 82fr~ \ Lt.-I'') c....<Y'o.'1 on. RECEIVED '99 JAM -5 P12 :03 CITY OF CHULA VIS; CITY CLERK'S OFFI(I Dt:cember 22, 1998 HGn. Shirley Horton, Mayor City of Chula Vista Dear Mayor: This letter is for the purpose of resigning as a member of the Human RehUiollll Commission. When I joined the Commission several years ago, there were only a handful of Hispanic members in all of the Cily's commissions and I felt compelled to participate. In large part because ofyaur eiTorls, there is a much better Latino representation today and this is especially so on Hum1lIl Relations. Working in the downtown San Diego area and with my recent return to graduate school, I just do not have the time to continue to participate in Commission activities. I have enjoyed my tenure and look forward to participate in City activities in the ti.nure as soon as my time restrictions ease up. Thank you again for your suppon throughout the years. Sincerely, .to .J!1 ?:,rr~ MENEZ 660 Glover Plaee, Chula Vista, CA 91910 cc: A. Coding, Secretary for Human Relations Commission Ce. ~. li'..~~..:"'. '~if...~... "" . ~j ;(~' ,~r' ~~ ..,'.:.? "/ . ( . ",:':!.~ :: ;", 7~i ~~v~ ~C-; ;'....,.. " ;.'" !':\ .,,~ ~?l...~r- ~!P .;c I:~; ~ " D' 10d 000 22:IL 88.22'::)30 r\\O~ .p>'? AN ORDINANCE OF THE CITY OF CHULA .lH.S~<q AMENDING ORDINANCE 2579 OF THE CITY mULA VISTA WHICH ESTABLISHED AN INT RE-SR125 DEVELOPMENT IMPACT FE PAY FOR TRANSPORTATION FACILITIES N THE CITY'S EASTERN AREA, IN ORDER TO REMOVE EASTLAKE TRAILS, EASTLAKE BUSINESS PARK II, BONITA MEADOWS AND SALT CREEK RANCH FROM THE LIST OF AREAS EXCLUDED FROM PAYING THE FEE ORDINANCE NO. 2770 The City Council of the City of Chula Vista does hereby ordain as follows: SECTION I: That Section 2(e) of Ordinance No. 2579 is hereby amended to read as follows: SECTION 2: Definitions. For the purposes of this ordinance, the following words or phrases shall be construed as defined in this Section, unless from the context it appears that a different meaning is intended. (a) "Building Permit" means a permit required by and issued pursuant to the Uniform Building Code as adopted by reference by this City. (b) "Developer" means the owner or developer of a development. (c) "Development Permit" means any discretionary permit, entitlement or approval for a development project issued under any zoning or subdivision ordinance of the City. (d) "Development Project" or "Development" means any activity described in Section 65927 and 65928 of the State Government Code. (e) "Eastern Territories" means that area of the City located between Interstate 805 on the west, the City sphere of influence boundary on the east, Bonita Road on the north, and the alignment of the proposed extension of East Orange Avenue on the south, as shown on the Chula Vista General Plan. The property known as Bonita Gateway located at the northeast quadrant of Bonita Road and I-80S intersection is also included. For the purposes of this fee, Eastern Territories shall be 1 r;' --j PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of San Diego: I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of THE STAR-NEWS, a newspaper of general circulation, pub- lished ONCE WEEKLY in the city of Chula Vista and the South Bay Judicial District, county of San Diego, which newspaper has been adjudged a news- paper of general circulation by the Superior Court of the County of San Diego, State of California, under the date of April 23, 1951, Case Number 182529; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: 1/16 all in the year 1999 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Chula Vista, California 91910 this day of January 1999. 16 Signature PRINCIPLE CLERK This space is for the County Clerk's filing stamp Proof of Publicaton of: CV 11937 ----._--------------.----------------------------- ADOPTION OF ORDINANCE 2770 ~~ijF':.iiiii;;,ONOF ORDINANCE - NO. 2770 AMENDING ORDINANCE . 2519 WHICH ESTABLISH. ng of notice ~~ AN INTERIM PRE.SR. IRELY PA~T DFEEVEELOPMENT IM- space . TO PAY FOR TRANSPORTATION FACIL- ITIESIN THE CITr'S EAST- ~~~t:fA' IN ORDER TO TRAILS EA EASTLAKE , STlAKE BUSI. NESS PARK II, BONITA MEADOWS AND SALT CREEK RANCH FROM THE LIST OF AREAS EXCLUD- ED FROM PAYING THe FEE . This a,rdmance had its first reading on January 5 .1999. and its secOnd read: rng and adoption at the fi _ ular meetjng of January~, 199~.W1th the .fOllowlng vote. AYES: Oa~s. Moot Padilla. Salas, HortOn: NOES None; ABSENT: None; ABSTAIN: None. . Pursuant to City Charter Section 312(b). a full copy of . said Ordrnances are av~rlable in the City Clerk's Off'~ and are available fo ali mterested pelSons by callmg 891-5041. DATED: Janua<)l 13. 1999 CVll937 1116199 6-:2- COUNCIL AGENDA STATEMENT Item: 2 Meeting Date: 1/12/99 ITEM TITLE: Resolution / '1 J 22cepting $2,700 from the Factory Mutual System - Arson Fund Grant Program and appropriating such funds for equipment procurement. SUBMITTED BY: Fire Chief?s~ _.,- ,. REVIEWED BY: City Manager V~ , ~. j ,_~I '..--- \ ' (4/Sths Vote: Yes ~ No_) BACKGROUND: The Fire Department has received a grant award in the amount of $2,700 from Factory Mutual System, The grant will be used to address the rising problem of arson, As specific elements of the grant award, these funds will enable the purchase of photographic equipment, evidence logging equipment, and investigative hand tools. RECOMMENDATION: That Council approve the resolution accepting $2,700 from Factory Mutual System Arson Grant Program and appropriate such funds for equipment procurement. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable DISCUSSION: Factory Mutual is a service organization jointly financed by three insurance companies. Through its offices worldwide, Factory Mutual is the world leader in property loss prevention and engineering, research and training. Factory Mutual has long been a strong advocate of fire service involvement in property loss prevention and loss control. It is well-recognized that in a property conservation program, a partnership with the fire service is a critical element. Every year since 1976, Factory Mutual's Arson Fund Grant Program has provided "seed money" to assist fire departments and related agencies in the development of arson prevention and control programs. Grants have been awarded for investigative tools, flammable accelerant detectors, training programs, juvenile fire setter programs, and much more. The primary objectives of Factory Mutual's Arson Grant Program are: to promote cooperation between all arson control agencies, to improve the overall quality of fire investigations, and to achieve insurance industry recognition through direct involvement in arson prevention. Approval of the resolution will allow investigators to accomplish a more thorough, safe and effective fire scene investigation than is currently possible with our existing equipment. It will also allow for the continued success of police and fire cooperation which demonstrated a 30% increase in the overall arson conviction rate in 1997 in Chula Vista. Lastly, the arson grant award will not only help to create a safer, friendlier environment for our community, but will 7"'/ Page 2, Item: _ Meeting Date: also provide a higher quality service to the community and promote a higher standard within the Chula Vista Fire Department. FISCAL IMP ACT: The acceptance of the $2,700 grant award from Factory Mutual System allows this much needed equipment to be purchased with funds from a non-General Fund source. This results in a positive impact on the General Fund. For a breakdown of the distribution of funds see Attachment 1. ')~;L Attachment I Itemized cost sheet with tax included Camera Eauinment Cost w/tax . Nikon N-50 camera body (35mm) $365.27 . Tarmon 28-80mm zoom lens $161.63 AF f/3.5-5.6 "D" type . Nikon SB-28 electronic flash $37605 . Nikon SC-17 Off camera cable $ 80.81 . Tundra Camera Case $204.73 similar to #821 D, but smaller size Subtotal $1,188.49 :IQQlli . Craftsman Wire Strippers #82544 2 Qty. $ 25.84 . Craftsman Multi-Purpose Tool #4520 I 2 Qty. $ 86.18 . Craftsman 38 Piece Tool Set #41245 $118.51 . Craftsman Variable Speed Saw #27126 $13468 . Craftsman 10 Pack Blades #28935 $ 2154 . Craftsman Steel Tape Measure #39005 2 Qty. $ 32.30 . Heavy Duty Extension Cord $ 70.03 . Streamlight XL20 Rechargeable Flashlight 5 Qty. $538.75 . Portable Light $ 32.31 . Miscellaneous Tools $163.39 Subtotal $1,223.53 Evidence Lo(!ging EqJripment . Metal Cans (various sizes 36 each) $96.17 . Evidence Labels (100) $11.85 . Evidence Tags (4" x 6" package of 100, 2 each) $44.18 . Barrier Tape (3" x 1000' 3 each) $56.58 . Paper Bags (various sizes) $30.71 . Photo Tags $40.41 . Evidence Tape I" x 108' $ 808 Subtotal $287.98 Grand Total $2700.00 7-3 RESOLUTION NO. J9J~9 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $2,700 FROM THE FACTORY MUTUAL SYSTEM - ARSON FUND GRANT PROGRAM AND APPROPRIATING SUCH FUNDS FOR EQUIPMENT PROCUREMENT WHEREAS, the Fire Department has received a grant award in the amount of $2,700 from Factory Mutual System; and WHEREAS, the rant will be used to address the rising problem of arson; and WHEREAS, as specific elements of the grant award, these funds will enable the purchase of photographic equipment, evidence logging equipment, and investigative hand tools. NOW, THEREFORE, BE IT RESOLVED the city Council of the City of Chula vista does hereby accept $2,700 from the Factory Mutual System - Arson Fund Grant Program and appropriating such funds for equipment procurement. Presented by Approved as to form by James B. Hardiman, Fire Chief H:\home\lorraine\rs\arson.grt ~i AGENDA STATEMENT Reviewed By: /1:J JtJ Resolution Amending the 1998-99 Capital Improvement Program and transferring funds to provide funding to replace park maintenance building at Rohr Park. Director of Public Work~ ~ / .' 'L.-- City ManagerC,;( -7 ,- - ~)\- ~.~;c - Item Meeting ~ 01/12/99 Item Title: Submitted By (4/5lh Vote: Yes _ No--'L This agenda statement brings forward a mid-year Capital Improvement Project (CIP) to address a critical building need. The Rohr Park Maintenance building was inspected by the City's Risk Analyst and the Safety Inspection Committee on March 26, 1998. The Risk Manager issued a report recommending action to correct safety conditions. Replacement of the existing building is one of the Committee's recommendations. Recommendation: That Council adopt the resolution amending the 1998-99 Capital Improvement Program to include a mid-year CIP for the replacement of the maintenance building at Rohr Park and transferring funds from deferred and completed CIP projects to finance the project to fund the replacement of the maintenance building at Rohr Park. Boards and Commissions Recommendation: The project was not taken to the Parks and Recreation Commission because it is an advisory board for programmatic and park development matters. However, the conceptual design, when completed, will be forwarded to the Commission as information and to the Design Review Committee if necessary, for their approval. Discussion:. The maintenance building was a horse stable before the City acquired Rohr Park property in 1965. It has functioned as the Park Division's primary maintenance facility for the past thirty years. The Rohr Park Master Plan, approved by Council in 1988, recognized the need for a new maintenance facility in Phase V of construction. The project has been deferred due to the lack of funding and other priorities. Two years ago, funds for a minor CIP project was approved to reinforce the building and apply a stucco exterior. After examination of the structure, it was determined that the building could not survive the minor cosmetics due to the condition of the supports and the lack of a proper foundation. The City's Safety Committee Inspection Team, on March 26, 1998, came to the same conclusion and issued a recommendation to replace the maintenance building. The Building Project Supervisor from Public Works Construction and Repair Division suggested a "manufactured" building to replace the old wooded structure. A "manufactured" building is a partially constructed modular structure that can be designed to meet Park Maintenance needs and constructed in a relatively short time. The estimated cost is $157,000. This includes $9,500 for design, $134,000 for construction and $13, 500 general administrative costs for the project. cg,) Page 2, Item Meeting 01/12199 The project will include the design of the building, demolition of the existing structure, pouring a foundation and assembling a maintenance building of approximately 2,500 square feet and City staff inspection cost. The new building will be slightly larger than the current building and will provide sufficient covered shelter to store all large movers. This will add life to the equipment and provide more security. Fundino Source: The Department evaluated approved CIP projects that can be deferred and unused funds from completed projects as potential funding sources to advance this project immediately. The following project funds are available: Available Funds Project Title Status PR136 Master Plan Eucalyptus Park $113,370 Consl. Doc. deferred PR189 SBA Tree Grant 4,521 Completed PR205 Outdoor Sport Courts 4,415 Completed PR211 American Legion Parking 1,176 Completed PR218 Park Security Lighting 33,595 Completed PR223 Parkway Pool Resurfacing 77,200 State grant Total Funding Available $234,277 Funds from the above CIP projects will be transferred into PR213 Rohr Park Maintenance Shed as follows: PR136 $ 36,093 PR189 4,521 PR205 4,415 PR211 1,176 PR218 33,595 PR223 77.200 Total $ 157,000 A tentative time schedule to complete the project is as follows: 1. 2. 3. 4. Conceptual Design Construction Documents Construction Begins Construction Completed January February May August ?/~ Page 3, Item Meeting 01/12/99 Fiscal Impact: The Eucalyptus Park Master Plan Construction Documents project will be deferred until funding is available to implement the construction phase. The pool- resurfacing project will proceed with funds from a state grant received this past fiscal year. The remaining projects identified are completed and surplus funds are available. One hundred fifty-seven thousand dollars ($157,000) will need to be transferred from the projects identified. g'/;J RESOLUTION NO. ) 9 :JJ 0 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE 1998-99 CAPITAL IMPROVEMENT PROGRAM AND TRANSFERRING FUNDS TO PROVIDE FUNDING TO REPLACE PARK MAINTENANCE BUILDING AT ROHR PARK WHEREAS, the Rohr Park Maintenance building was inspected by the City's Risk Analyst and the Safety Inspection Committee on March 26, 1998; and WHEREAS, the Risk Manager issued a report recommending immediate action to correct conditions that pose a danger to staff and the general public; and WHEREAS, the Building proj ect Supervisor suggested a "Butler" building (which is a steel structure that can be constructed without going through the lengthy process of hiring an architect to design the building and subsequent construction process) to replace the old wooded structure at an estimated cost of $157,000. NOW, THEREFORE, BE IT RESOLVED the City Council of the city of Chula vista does hereby amend the 1998-99 Capital Improvement Program to provide funding to replace park maintenance building at Rohr Park. BE IT FURTHER RESOLVED that the transfer of funds is hereby authorized into PR213 Rohr Park Maintenance Shed from the following accounts: PR136 PR189 PR205 PR211 PR218 PR223 Master Plan Eucalyptus Park SBA Tree Grant Outdoor Sport Courts American Legion Parking Park Security Lighting Parkway Pool Resurfacing $ 36,093 4,521 4,415 1,176 33,595 77,200 $157,000 Presented by Approved as to form by John P. Lippitt, Director of Public Works H:\home\lorraine\rs\rohrpark.blg ?'~I COUNCIL AGENDA STATEMENT Item Meeting Date I 1/ 12/99 SUBMITTED BY: Resolution / 9 J J / Accepting bids, awarding contract for "Sweetwater River Drainage Channel Silt Removal in the County of San Diego and the City ofChula Vista, CA (DR-132)." Director ofPub~ic Work~/ GL- City Manager t,~, fl...- (4/5ths Vote: Yes_NoX'> ITEM TITLE: REVIEWED BY: At 2:00 p.m. on December 4, 1998 at the Engineering Counter, Public Services Building, the Director of Public Works received sealed Informal Bids for the "Sweetwater River Drainage Channel Silt Removal in the County of San Diego and the City of Chula Vista, CA (DR-132)" The work to be done consists of removal and disposal of silt within the Sweetwater River Channel in order for the channel to drain properly. RECOMMENDATION: That Council accept bids and award a contract for "Sweetwater River Drainage Channel Silt Removal in the County of San Diego and the City of Chula Vista, CA (DR-132)" to Jimenez Inc. DBA MJC Construction in the amount of$28,590.00. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Funds for this project were budgeted in the FY 1998-99 Storm Drain Capital Projects. The Chula Vista Golf Course, the intersection of Bonita Road and Willow Street and the drainage channel on the south side of Sweetwater Road (east of Willow Street, see Attachment A) have experienced flooding due to siltation of the drainage course downstream of the Willow Street Bridge which is in the County of San Diego jurisdiction and ownership. Staff has been working with the Sweetwater Authority and the County of San Diego to correct the existing drainage problems As part of this project, the Sweetwater Authority has already lowered two of their water lines crossing the Sweetwater River Channel. The water lines were originally constructed at a very shallow depth and have acted as a dam causing the siltation problem. The County of San Diego has authorized the City ofChula Vista to remove silt within the County's jurisdiction and ownership under their existing environmental permits (see letter, Attachment B). c/ ___I Page 2, Item Meeting Date 1/12/99 Informal bids for this project were received from three contractors as follows: Contractor Bid Amount 1. Jimenez Inc. DBA MJC Construction, Chula Vista, CA $28,590.00 2. Rutledge Joint Venture, Lemon Grove, CA 40,000.00 3. Roberts Engineering Contractors, Escondido, CA 42,000.00 Staff solicited informal bids from six contractors who have performed work previously with the City, in order to assure that the work would be accomplished before this years rainy season arrived. We received the required three bids from the three contractors in order to award the project. Staff received good bids for the proposed work. The low bid, submitted by Jimenez Inc. DBA MJC Construction is above the Engineer's estimate of$27,OOO.OO by $1,590.00 or 5.9%. Staff's estimate was based on average prices for similar type work completed during dry conditions last year. Unfortunately, the weather did not hold and we have experienced two storms in the past month and this change is reflected in the bids we received. Disclosure Statement A copy of the contractor's disclosure statement is attached as Attachment C. Environmental Status The Environmental Review Coordinator has reviewed the work involved in this project and has determined that the project is exempt under Section 15269 (b) & ( c), of the California Environmental Quality Act (Minor Alterations of Existing Public Improvements or Public Structures). Prevailing Wa\!e Statement Contractors bidding this project were not required to pay prevailing wages to persons employed by them for the work under this project. No special minority or women owned business requirements were necessary as part of the bid documents. FISCAL IMPACT: FUNDS REQUIRED FOR CONSTRUCTION A. Contract Amount $28,590.00 B. Construction Contingencies (approximately 10%) $3,110.00 C. Staff Costs (Design, Construction & Inspection) $3,600.00 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $35,300.00 9~;)- Page 3, Item Meeting Date 1/12/99 600lFUNDS AVAILABLE FOR CONSTRUCTION A 227-2275-DR132 (97/GolfCourse Drainage Channel) $32,200 00 B. 600-6001-DR132 3,100.00 TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $35,300.00 The above action awarding of the contract will authorize a total expenditure of $32,200.00 from the Storm Drain Fund and $3,100.00 from the General Fund Capital Outlay. After construction, only routine City maintenance will be required. Silt removal will have to be done in future, depending on the amount of rain. Attachments A - Vicinity Map of Flooded Areas B - Letter from the County of San Diego C - Contractor's Disclosure Statement BVH:bvh H:\HOl\4E\ENGINEER\AGE:NDA\D DR132113. WPD File No: 0735-1O-DR-132 9/;3 RESOLUTION NO. )9J}/ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS, AWARDING CONTRACT FOR "SWEETWATER RIVER DRAINAGE CHANNEL SILT REMOVAL IN THE COUNTY OF SAN DIEGO AND THE CITY OF CHULA VISTA, CA. (DR-132)" WHEREAS, at 2:00 p.m. on December 4, 1998 at the Engineering Counter, Public Services Building, the Director of Public Works received the following three sealed Informal Bids for the "Sweetwater River Drainage Channel Silt Removal in the County of San Diego and the City of Chula vista, CA (DR-132) .": Contractor Bid Amount 1. Jimenez Inc. DBA MJC Construction, $28,590.00 Chula Vista, CA 2. Rutledge Joint Venture, Lemon Grove, 40,000.00 CA 3 . Roberts Engineering Contractors, 42,000.00 Escondido, CA WHEREAS, the low bid, submitted by Jimenez Inc. DBA MJC Construction is above the Engineer's estimate of $27,000.00 by $1,590.00 or 5.9% which estimate was based on average prices for similar type work completed during dry conditions last year, however, there have been two storms in the past month which is reflected in the bids received; and WHEREAS, the Environmental Review Coordinator has reviewed the work involved in this project and has determined that the project is exempt under Section 15269 (b) &. (c), of the California Environmental Quality Act (Minor Alterations of Existing Public Improvements or Public Structures); and WHEREAS, contractors bidding this project were not required to pay prevailing wages under this project and no special minority or women owned business requirements were necessary as part of the bid documents. NOW, THEREFORE, BE IT RESOLVED the city Council of the City of Chula Vista does hereby accept bids and award the contract for "Sweetwater River Drainage Channel Silt Removal in the County of San Diego and the City of Chula vista, Ca. (DR-132)" to Jimenez Inc. DBA MJC Construction in the amount of $28,590.00. 1 9-1/ BE IT FURTHER RESOLVED that the Mayor of the city of Chula Vista is hereby authorized and directed to execute said contract on behalf of the City of Chula vista. Presented by Approved as to form by John P. Lippitt, Director of Public Works H:\home\lorraine\rs\dr132 2 9--5 AREAS OF FLOODING ,.<' ,/"'>.),>'''' t:HtJL,{~~.......J G(}ffr.hl. ......1l1'J;F ...iH" ,'";o01r- t,j''''..""Al 'J;;;.."}: \ COUNTY lIMITS I OftJLA 'fSTA 'END: -----CITY/COUNTY UMITS ATTACHMENT "A" f"-- \ \ \ Drl32ml.dwq 12-15-98 8:48:36 am PST DRAWN BY: TITLE: CITY OF CHULA VISTA SILT REMOVAL PREPARED BY: AR DA TE: SHEET 2 6-18-98 OF 3 SHTS. JRH APPROVED BY: JRH . l!yfCtG?i ~ r f 8' ~~.':;::'~ ~" '~$, ~".6Tf[~..7 <!Iounty of ~an ~i2g0 '. -I' .,;-'.... ..', ~ ~~;, J ~<' Ii ~ ~~ oW ,.....:' r.""~ \....' ,~., r ,-), ~" \', ''<1 C' 1....'.:.<:.. ".," ,i\; ",/:' :_,,\ i -..'d.JlI",l14~ STEPHEN THUNBERG DIRECTOR (619)694.2212 FAX: (619) 268.0461 LOCATION CODE S50 DEPARTMENT OF PUBLIC WORKS COUNTY ENGINEER COUNTY AIRPORTS COUNTY AOAD COMMISSIONER TRANSIT SEAVICES COUNTY SURVEYOR FLOOD CONTROL WASTEWATER MANAGEMENT 5555 OVERLAND AVE, SAN DIEGO, CALIFORNIA 92123.1295 October 23, 1998 John Lippitt Director of Public Works City of Chula Vista Engineering Section 276 4th Avenue Chula Vista, CA 91910-2631 Dear Mr. Lippitt: SWEETWATER RIVER LOW FLOW PILOT CHANNEL The County of San Diego Department of Public Works (DPW) has completed its review of your proposed project to reestablish a low flow channel downstream of the Willow Street Bridge. Staff from DPWs Environmental Services Unit conducted a field site visit on October 1, 1998 with your staff to discuss the project work description. County staff also reviewed your letter dated October 6, 1998 explaining the need to regularly maintain this facility to avoid potential flooding problems. Based on this review, the County has determined that the City of Chula Vista can proceed with the reestablishment of a low flow channel. The County will include this facility under the County's U.S. Army Corps of Engineers Regional General Permit (RGP) 53 and associated California Department of Fish and Game 1601 Streambed Alteration Permit. PROJECT DESCRIPTION The area of potential effect (APE) includes the 5-foot wide, low flow pilot channel over a distance of about 450 feet downstream of the Willow Street Bridge, and about 2-4 feet in either side of the channel to create a 2:1 slope bank. There will be minimal impact on vegetation within the APE because the existing channel does not support any riparian vegetation, although willows and mulefat are present along the banks. There are small patches of cattails and sedges near the Willow Street bridge, but they can be moved to other locations adjacent to the channel and reestablished as on-site mitigation. It appears that the existing channel is wide enough to accommodate the pilot chan'let as proposed without removal of any willow trees. However, some willow limbs and shrubs would need to be trimmed so equipment can access the channel. 9-7 (J Prinled on recycled paper t Mr. Lippi! Page 2 October 23. 1998 Large limbs of willows to be cut include 4 limbs with diameters of 5-6 inches and 2 limbs with diameters of about 10 inches. One of the 5-6 inch limbs appears to support much of the weight of one willow tree. Removal of this limb may result in falling of the tree. This tree may need to be propped up or transplanted on site. Several other limbs with diameters of 2-3 inches would need to be cut and trimming of some willow and mulefat shrubs would be required. Roots of one willow tree are exposed and would be impacted, although the tree likely would not be damaged. Shallow roots of other willows would also likely be impacted. All cut vegetation must be removed from the project site. The larger branches should be flagged by a biologist, which will be provided by DPW, to indicate where they should be cut so as to maintain as much cover in the stream channel area as possible and maintain the integrity of the tree, and allow equipment access. The willow trimming should be done prior to the start of the channel cleanup to allow free access and minimize the time needed to work in the stream and minimize downstream sedimentation. Pursuant to RGP 53, County staff will take before and after photographs of the site and of upstream and downstream vegetation and habitat. These photographs will be included with a completed County maintenance form detailing the action taken including length and width of the channel cleaned. In order to accomplish this task, you will need to notify the County when you plan to start construction If you have any questions regarding this letter, please call Nelson Olivas at (619) 874-4005 or Steve Helm from my staff at (619) 874-4042 to coordinate. Very truly yours, O~JdJP DOUGLAS M. ISBELL, Deputy Director Department of Public Works DMI:NEO:adm cc: Walter Odening (0385) Tom Davis (0340) Steve Helm (0385) Ben Guerrero Brice Bossler (ASOO) 9~~ . ^ -. ~ ~.... \ ...' l. . l.-"'~)'-L''''.J_)L.r\L.., ,) j /\! 1'.j'J.1....' J , fl-f{o..c0. Yvle1llt I C I You are required to file a Statement of Disclosure of cenain ownership or financial interests, payments, or campaign contributions, on all matters which will require discretionary action on the pan of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1. List tbe names of all persons having a financial interest in the property which is the subject 0; the application or the Contract, e.g., owner, applicant, Contractor, subcontractor, material supplier. ~) A \{ l(-P. ::5 I Mcr01~7_ 2. If any person' identified pursuant to (I) above is a corporation or pannership, list the names of all individuals Owning more than 10 % of the shares in the corporation or owning any pannership interest in the pannership. J P-\[(Cre.. J \ H to V\\'C L-. 3, If any person' identified pursuant to (I) above is non-profit organization or a trust, list the names of any person serving as director of the nOD-profit organization or as trustee or beneficiary. or trustor of the trust. /' / 4. Have you had more than $250 wonh of business transacted with any member of the City staff, Boards, Commissions, Comminees, and Council within the past twelve month? Yes ~No _ If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants, or mdependent Contractors who you have assigned to represent you before the City in this maner. 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Council member in the current or preceding election period" Yes ~o r If yes, state which Council members(s): . . · (NOTE: Attached additional pages as necessary) . . . Date: 1L.~~.-q8 -:T.A\!ln JIMENEL.- Print or type name of Contractor/Applicant · Person is defined as: "Any individual, firm. co-pannership, joint venture, association, social club, fraternal organization, corporation. estate. trust, receiver, syndicate, this and any other county, city or cOUlur)', city municipality, district, or other political subdivision, or an)' other group or combination acting as a unit. 9~1 5 , COUNCIL AGENDA STATEMENT SUBMITTED BY: Item J () Meeting Date 01112/99 Resolution J 9 J.J i'uthorizing the issuance of Encroachment Pennit No's PE-439 and PE-443 for construction of entry monument signs proposed for the Rolling Hills Ranch subdivision located on Hunte Parkway and Proctor Valley Road respectively. . _d / Director of Public work&:5.J- ~ . G!L CIty Manager - '--)"-- (4/5ths Vote: Yes _ NoX) frit,1 ITEM TITLE: REVIEWED BY: Pacific Bay Homes, owners of the Rolling Hills Ranch subdivision also known as Salt Creek Ranch, are proposing to construct two entry monument signs along Hunte Parkway and two entry monument signs along Proctor Valley Road. The proposed encroachments are located within public street right- of-way, open space landscape and sidewalk easements and will function as the entrance to the Rolling Hills Ranch subdivision. According to Section 12.28 ofthe Municipal Code, any permanent structures built within right-of-way or City easements, such as permanent monument signs require City Council approval utilizing the encroachment permit process. RECOMMENDATION: That Council approves the subject resolution authorizing the City Engineer to issue Encroachment Permits Nos. PE-439 and PE-443 and direct the City Clerk to record said resolution and permits. BOARDS/COMMISSIONS RECOMMENDATION: None DISCUSSION: Entrance monuments for subdivisions and businesses are commonly placed within street right-of- way, City owned open space land or City owned easements. In each case, staff has reviewed detailed plans showing locations and elevations of the proposed signs or monuments to insure that signs do not create traffic hazards with respect to sight distance restrictions. These encroachment permits include an indemnity clause holding the City, its agents and employees harmless from damages resulting from the construction and maintenance of the entry monuments belonging to Pacific Bay Homes. On August 27, 1998, staff received a copy of a letter from Pacific Bay Homes requesting an Encroachment Permit for two entry monument signs on Hunte Parkway north of Otay Lakes Road (Exhibit A). Staff received another encroachment request from Pacific Bay Homes on October 26, 1998 for two more entry monument signs on Proctor Valley Road east of Mt. Miguel Road (Exhibit jtJ-1 Page 2, Item Meeting Date 01/12/99 D). The letters noted, and staff concurs, that the proposed entry monument signs are consistent with the Salt Creek Ranch Sectional Planning Area ("SPA") document. The applicant believes that the Encroachments are necessary to frame the entrance of the Salt Creek (Rolling Hills) Ranch Community and create a unique identity for the community, consistent with the SPA document. Pacific Bay Homes did apply for a building permits for these wall monuments. However, staff cannot issue building permits until the City Council approves these Encroachment Permits. The City's standard encroachment permits contain the necessary maintenance, removal and hold- harmless clauses. The encroachment permits protect the City from maintenance problems and liability for damages and/or bodily injuries arising from the performance of the work connected with the monument signs. The cash bonds required for these permanent encroachments will help reinforce the encroachment removal clause. According to Section 12.28.020 of the Chula Vista Municipal Code, a Council resolution must authorize the issuance of these encroachment permits. FISCAL IMPACT: Pacific Bay Homes has paid a $250.00 application fee for processing the Encroachment permits along with a $234.00 inspection fee and posted a cash bond in the amount of $3,680.00 on December 15, 1998 to secure the demolition and removal of said entry monuments for each of the Encroachment Permits. Future maintenance of the entry monuments will be performed by the area Home Owners Association. Attachments: Exhibit "A" - Locator plat for Hunte Pkwy monuments / Exhibit "B" - Encroachment Permit PE-439 ~ ~ ~ U;l Rob e 1> Exhibit "e" - Letter from Pacific Bay Homes for PE-439 f Exhibit "D" - Locator plat fOT Proctor Valley Rd monuments j Exhibit "E" - Encroachment Permit PE-443 - Mco,tt,l!:t> Exhibit "F" - Letter from Pacific Bay Homes for PE-443 J 1;>oC. /'-I<:>-r SeAt.Jt6t> MER.? Po~ _ N<:>r SI!.",pf\)l!:!> /f6ac H: IfIOMEIENGINEERIAGENDA \PE-439.BFS /tJ - ;L.. RESOLUTION NO. /9])d RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE ISSUANCE OF ENCROACHMENT PERMIT NOS. PE-439 AND PE-443 FOR CONSTRUCTION OF ENTRY MONUMENT SIGNS PROPOSED FOR THE ROLLING HILLS RANCH SUBDIVISION LOCATED ON HUNTE PARKWAY AND PROCTOR VALLEY ROAD RESPECTIVELY WHEREAS, Pacific Bay Homes, owners of the Rolling Hills Ranch Subdivision also known as Salt Creek Ranch, are proposing to construct two entry monument signs along Hunte Parkway and Proctor Valley Road respectively; and WHEREAS, the proposed encroachments are located within public street right-of-way, open space landscape and sidewalk easements and will function as the entrance to the Rolling Hills Ranch Subdivision; and WHEREAS, according to Chapter 12.28 of the Municipal Code, any permanent structures built within right-of-way or City easements, such as permanent monument signs require City Council approval utilizing the encroachment permit process. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby authorize the issuance of Encroachment Permit Nos. PE-439 and PE-443 for construction of two entry monument signs proposed for the Rolling Hills Ranch Subdivision located on Hunte Parkway and Proctor Valley Road respectively. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to record this resolution and permits. Presented by Approved as to form by ~~ t~Cr~ Joh ~. Kaheny, ci~ttorney John P. Lippitt, Director of Public Works H:\home\lorraine\rs\PE439.enc lor) - Z0 . d fjlOl ?!F I' EXHIBIT 'A' " RErn/ENcE DRAWNINU 93-767 7r/RU 93-158 , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , 20' LANlJS(;#'f BUFFER D SIO:.-WALK fASEMt.NT , , , , , , , , , , , , , , , , , , , , , oPEN 5?t\GE , BJ-\L T CF{:.E:}< , , , , , , NEj:3J...:3DF.u-JOOD 6 , 4 O~Il\J~ '- '-... 1II "-,, , \~ , \ , \ \ , , , , , , , , \ ~~~HJ:!f..r'- '- ...'~J\' , , , /' 70' fASfJlENT FOR ~/ , H?ANCHI5ti1 UIIUlIi:5 ' , , , , , , , , \ , , , , , , , , , , , , \ \ \ U'l () :> r- !":1 , , , , , , , , , , , , \ , , , , , , , II .;. o N 40' I 80' I 120' ~ /!J -4 o S ET SALT CREEK RANCH ~ pARKWAY 500 NORTH OF BNDY. MONlJl,fENT TALL ENCROACIIMENT ,!(: r"""'",:". ,,.......,., SALT CREEK RANCH MONUMENT WALL LOCATION 5~1I.":T C.R~€t::. RANcH 6v/3DJVI5ION WALL MON. ON HUNTE PKWY. f:::j I 0--5 2 c0/c0"" S9[9t>~ C::J t w ~ -",("r:-u on ',,:':"1' ,.~-, I"LI EXHIBiT "c" pac~t~bay HO;\C~S 27 August 1998 City Engineer, Permits Section City of Chula Vista Engineering Department 276 Fourth Ave. Chula Vista. CA 91910 Re: Encroachment Pennit Application, Salt Creek Ranch MODument Wall at Hunte Parkway and Subdivision Boundary B98-2629 Dear Engineer: Pacific Bay Homes hereby requests permission to construct a Monument Wall within the right-of-way of Hunte Parkway. The attached plan and elevation depicts the location of encroachment and design of the proposed wall. The Monument Wall is stipulated in, and consistent with, the Salt Creek Ranch Sectional Planning Area ("SPA") document. The encroachment is necessary to frame the entrance of the Salt Creek (Rolling Hills) Ranch community and create a unique identity for the community, consistent with the SPA document. We estimate the cost of work perfonned within the right of way to be $3,000. Accordingly, please find attached a check in the amount of$484.00 ($234.00 inspection fee, plus S250.00 application fee). Please note that although we have included the application fee for a major encroachment (to be considered by the City Council), we continue to assert that this is a minor encroachment which can be approved administratively (a "garden wall"), and would like to reserve the right to explore this issue further with staff. Thank you for your consideration. Please direct any questions to Dave Gatzke, at 656-4300, extension lB. Regards, ~ /a--h I 2300 Boswell Road, Suite 209. Chula Vista. C:\ 919]4 (619) 656-4300 . Fax 619) 656-43\.'6 EXHIBIT '0' I ?O.=:. of 1:-:2 sour-] i/:' oC' s2c. 27. r-.7S. RJW J!LJ./L~ PER. DOC NO. . .'_ -1/ .....'.. REFERENCE DRAWNINGS: 97-229 THRU 97-225 Vl (") > Eo-< r- ~ ::s - II . .j> 0 - . pori. of 1.H3 soUTH -J!z OF SEC. 27, rJ7f3, fjjW ~ . o ~ 40' 80' I 120' ~~- =-T' SALT CREEK RANCH ROCTOR VALLEY RD .. MT. YlGUE MONUMENT WALL ENCROAcmaNT ": 1~-7 SALT CREEK RANCH MONUMENT WALL LOCATION WALL MON. 0 PROCTOR m:J Mr. ~IGUa auy f:::j I lO-~ ~ cB/cBOd S9Z9vCZ C::J I H T "ViC'C::1-I '9 )...I'::I'\.l~2l-.I'-'U EXHIBIT "F" pactfic-~bay HO:<ES October 26, 1998 City Engineer, Permits Section City of Chula Vista Engineering Department 276 Fourth Ave. Chula Vista, CA 91910 Re: Encroachment Permit Application, Salt Creek Ranch Monument Wall: Proctor Valley Road, east of intersection with Mt. Miguel Road Dear Engineer: Pacific Bay Homes hereby requests permission to construct a Monument Wall within the right-of-way and/or 20' landscape buffer and sidewalk easement of Proctor Valley Road. The attached plan and depicts the location of encroachment. The design of the proposed wall is the same as the wall contemplated under pending encroachment permit number PE-439. The Monument Wall is stipulated in, and consistent with, the Salt Creek Ranch Sectional Planning Area ("SPA") document. The encroachment is necessary to frame the entrance of the Salt Creek (Rolling Hills) Ranch community and create a unique identity for the community, consistent with the SPA document. We estimate the cost of work performed within the right of way to be $3,000. Accordingly, please find attached a check in the amount of $484.00 ($234.00 inspection fee, plus $250.00 application fee). Due to the fact that this application is substantialiy similar to PE-439, we are requesting that this application and PE-439 be processed together. Thank you for your consideration. Please direct any questions to Dave Gatzke, at 656-4300, extension 113. ~:=J Da've-Ga~ PACIFIC BAY HOMES --Pj- II) - q 2300 Boswell Road, Suitt' 209. Chula Vista. CA 9]914 i6]9) 656-4300' Fa, \6]9) 656-4306 COUNCIL AGENDA STATEMENT ITEM TITLE: Item ) / Meeting Date 1/12/99 Resolution ) 133 Approving Fund Transfer Agreement Between the City of Chula Vista and the Metropolitan Transit Development Board (MTDB) for the Acquisition of IS Compressed Natural Gas Buses and authorizing the transfer and reprogramming of funds Director of Public Works rrv/ SUBMITTED BY: REVIEWED BY: City Managel~cL ,I ,; At its meeting on September 22, 1998, Council accepted a report comparing diesel and compressed natural gas (CNG) buses for the Chula Vista Transit (CVT) fleet, and au thorized staff to purchase IS CNG buses as part of a regional bus procurement administered by MTDB, The MTD Board has a policy (Policy 18, Section 18.1.6) that encourages capital procurements for local transit system operators by exchanging Transportation Development Act (TDA) funds for federal capital funds. The total cost of the IS CVT buses is $4,995,000, or $333,000 per bus. The CVT project would be funded by the following components: an exchange of $2,228,000 in Chula Vista TDA 4.0 funds for $2,228,000 federal Section 5307 funds; $2,000,000 in Chula Vista TDA funds previously programmed for hydrogen fuel cell buses; an additional $687,000 in Chula Vista TDA funds; and $80,000 in Air Pollution Control District AB2766 funds The inclusion of the APCD funds of $80,000 lowers the total Chula Vista funding commitment from $4,995,000 to $4,915,000, reducing the unit cost per bus to the City from $333,000 to approximately $327,666. (4/Sths Vote: Yes_ No X) RECOMMENDATION: That Council: 1. Adopt resolution approving Agreement for Transfer and Exchange of Federal Funds for Local Funds for the Acquisition and Lease of Buses; and 2. Authorize the transfer and reprogramming of $2,000,000 in City of Chula Vista TDA funds from hydrogen fuel cell buses to six (6) CNG buses. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable DISCUSSION: This bus procurement for the CVT fleet is unique because it is the first project in the MTDB area involving a local bus operator that proposes to use a regional approach for both bus procurement project financing and standard specifications. Financing The proposed fund transfer agreement for the 15 CVT buses is one part of a regional approach toward capital project fmancing that is being explored by MTDB. Attachment 1 is a letter from the /J~ I Page 2, Item Meeting Date 1/12/99 Transit Coordinator to MTDB General Manager Thomas Larwin discussing Council's decision to purchase CNG buses and requesting assistance on implementing the 15 bus procurement and other related projects. Attachment 2 is Mr. Larwin's response related to the bus procurement. The Regional Financing Study mentioned by Mr. Larwin on page 2 is currently being conducted by th e firm of Booz Allen &Hamilton. One objective of the study is to identify options to maximize the use of federal and TDA funds so that the capital needs of all tr ansit operators in the region can be met during the coming years. When this study is completed (anticipated in Spring 1999), the City will be able to explore federal funding opportunities with MTDB for future capital projects, primarily related to CNG buses and inftastructure to support a CNG fleet. The primary intent of the fund transfer agreement is to swap Chula Vista TDA funds, which may be used either for operations or capital purposes, for federal capital funds. Therefore, since MTD B has a need for additional funds for its transit operations, the $2,228,000 in Chula Vista TDA funds contained in the agreement may be used by MTDB for that purpose, and the federal capital funds used to partially fund the 15 CVT buses. The fund transfer agreement contains the following major provisions: . MTDB will retain ownership of the 15 buses for a period of 12 years and lease buses to City for $1 per year. Ownership will be retained by MTDB for two main reasons: MTDB is the designated recipient for federal transit funds in this region; and MTDB will be responsible for the federal requirements pertaining to the project, including: administration, and adherence to Civil Rights and Department of Labor requirements. . At the end of the 12 year lease, City may extend the lease at $1 per year, or purchase each bus for $1 if the value is less than $5000. . Some federal requirements (contained in Section 3 of the agreement) pertaining to the use and operation of the buses will "flow through" to the City. It is Transit staffs opinion that these requirements will not adversely impact CVT operations, since CVT currently adheres to these procedures because of State or MTDB requirements, or due to standard operating procedures. Bus Procurement In Spring 1998 all fixed route bus operators in the region worked with MTDB staff to develop cooperatively a uniform bus specification for either a diesel or CNG engine bus. The specifications are the same for each operator with the exception of minor items such as color scheme, seating, etc. (A detailed listing of the specifications is contained in Attachment 2, Exhibit B). The major specifications are a 40 foot, "low-floor" bus. The low-floor design was decided upon because of access and maintenance advantages compared with the traditional //-~ Page 3, Item Meeting Date 1/12/99 transit bus chassis. The low-floor design uses a ramp instead of an hydraulic wheelchair lift. Therefore, access is easier and faster for both seniors and disabled riders in wheelchairs, and the ramp requires minimum maintenance, resulting in lower costs and reduced "down-time." San Diego Transit (SDT) administered the bid process on behalf of the operators. Bids were received on August 20, 1998; New Flyer was the low bidder both for the diesel and CNG buses. If Council approves the CVT bus procurement project, MTDB plans to award the contract for the 15 buses in January 1999. Delivery of the buses is anticipated in Summer 2000. Since 15 buses represents almost half of the CVT fleet, and the new CNG buses will represent the beginning of a "new era" for CVT, Council may wish to keep the same bus colors, or consider a paint scheme and exterior design change for the new buses. MTDB and City Transit staffs are developing some options that will be brought to Council for consideration in a few weeks. FISCAL IMPACT: The total cost of the 15 CNG buses is $4,995,000 consisting of a total of $4,915,000 in Chula Vista TDA funds as follows: $2,228,000 exchanged with MTDB for federal Section 5307 funds; $2,000,000 in Chula Vista TDA funds previously programmed for hydrogen fuel cell buses; and $687,000 in additional Chula Vista TDA funds. The remaining $80,000 required for the project will consist of APCD AB2766 funds. As shown on Attachment 3, this project will leave a Chula Vista TDA balance of approximately $6,800,000, including $5,500,000 progranuned for FY2000 as the Transit Division's share of the new Public Works Yard and infrastructure improvements to support a CNG bus fleet. Expenditure projections in Attachment 3 beyond FY2000 indicate that there should be sufficient TDA funds available (based on current revenue and cost assumptions) to implement future planned CVT operations and capital programs. However, the ability to supplement TDA, funds with other revenue sources for capital purchases would provide a larger balance of TDA funds that could be used for increased service, or to offset any reductions in future TDA revenue. ATTACHMENTS: I. Letter to Thomas Larwin from Bill Gustafson dated September 30, 1998 2. Letter and ree om Thomas Larwin to Bill Gustafson dated December 3, 1993. 3. FY1999 - FY2009 CVT operating and capital plan H:IHOMEIENGINEERIAGENDA IFUNDSW. WMG ~ JII.!>r 9(! AN Nell ,4r;.-I2-I!"tf'-MC'~l (!;.,I AI.;;:- S<E=G a6>A.Prre,4~r //- J RESOLUTION NO. ) 9 3.J) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FUND TRANSFER AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE METROPOLITAN TRANSIT DEVELOPMENT BOARD (MTDB) FOR THE ACQUISITION OF 15 COMPRESSED NATURAL GAS BUSES AND AUTHORIZING THE TRANSFER AND REPROGRAMMING OF FUNDS WHEREAS, at its meeting on September 22, 1998, Council accepted a report comparing diesel and compressed natural gas (CNG) buses for the Chula vista Transit (CVT) fleet, and authorized staff to purchase 15 CNG buses as part of a regional bus procurement administered by MTDB; and WHEREAS, the MTD Board has a policy (Policy 18, Section 18.1.6) that encourages capital procurements for local transit system operators by exchanging Transportation Development Act (TDA) funds for federal capital funds; and WHEREAS, the total cost of the 15 CVT buses is $4,995,000, or $333,000 per bus with the CVT project would be funded by the following components: an exchange of $2,228,000 in Chula vista TDA 4.0 funds for $2,228,000 federal Section 5307 funds; $2,000,000 in Chula Vista TDA funds previously programmed for hydrogen fuel cell buses; an additional $687,000 in Chula vista TDA funds; and $80,000 in Air Pollution Control District AB2766 funds The inclusion of the APCD funds of $80,000 lowers the total Chula vista funding commitment from $4,995,000 to $4,915,000, reducing the unit cost per bus to the City from $333,000 to approximately $327,666. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby approve a Fund Transfer Agreement between the City of Chula vista and the Metropolitan Transit Development Board (MTDB) for the Acquisition of 15 Compressed Natural Gas Buses, a copy of which is on file in the office of the city Clerk, as Document No. . /VO C!.olVrAI9e.r A1I/M~EI.." /"N "IG/2.~~Ml!'lUr ~/~ BE IT FURTHER RESOLVED that the Mayor of the city of Chula vista is hereby authorized and directed to execute said Agreement for and on behalf of the City of Chula vista. BE reprogramming hydrogen fuel IT FURTHER RESOLVED that the transfer and of $2,000,000 in City of Chula Vista TDA funds from cell buses to six (6) CNG buses is hereby authorized. Presented by Approved as to form by John P. Lippitt, Director of Public Works //~i ~u?- ~:-~ ---- ~~~~ fl-rrfK I1MeA/T I ~ CITY OF CHULA VISTA DEPARTMENT OF PUBLIC WORKS TRANSIT DIVISION CHULA VISTA TRANSIT September 30, 1998 DS-036 Mr. Thomas F. Larwin General Manager MTDB 1255 Imperial Ave.; Suite 1000; MS 58 San Diego, CA 92101 CNG BUS PROCUREMENT AND RELATED INFRASTRUCTURE FOR CVT FLEET Dear Mr. Larwin: You may be aware that at its meeting on September 22, 1998 the Chula Vista City Council approved a staffreport that recommended purchasing CNG buses and related infrastructure for the CVT fleet. Metropolitan Transit System (MTS) staff attending the meeting at my request were Elliott Hurwitz, Nick Burrie and Sandra Showalter; I appreciate their support that evening and during the past year as we evaluated the issue of continuing to buy diesel buses or changing to CNG. In addition to advising you of Council's decision, I want to request MTDB's assistance in procuring 15 New Flyer CNG buses for the CVT fleet as part of the recent regional bid process, and also to request capital funding assistance for CNG bus and infrastructure improvements available through applicable federal and state programs. The transition from a diesel to a CNG fleet involves three major tasks involving capital expenditures: purchasing new buses; installing a CNG fueling facility; and garage modifications for CNG bus maintenance. The timing of Council's decision is fortuitous, since the City is in the process of acquiring a new Public Works Yard (SDG&E property on Maxwell Avenue off Otay Valley Road), and the design for that site can incorporate the necessary CNG infrastructure, . including the fueling facility and garage improvements. The estimated cost over the next eight to ten years to complete the transition to a CNG fleet is $15 million, including $13.3 million for 40 buses and $1.5 million for infrastructure. The most immediate task is to replace 15 .of our oldest buses, and either later this fiscal year or next fiscal year to begin the infrastructure improvements at the new Yard to support a CNG fleet. The estimated cost of the 15 buses is $4,875,000 ($325,000 per bus). You may recall that in Spring 1997 the City and MTDB had developed a draft agreement to exchange approximately $2,915,000 in City TDA funds for MTDB federal funds to purchase II diesel buses. This fund exchange was proposed to comply with MTDB Policy 18, Section 18.1.6, which requires such an exchange of funds if possible, and not to the detriment of project implementation. The $2,915,000 in approved federal funds will buy 9 CNG buses instead of II diesel buses. It is J/~ 707 F STREET I CHULA VISTA. CALIFORNIA 91910 I (619) 691.5050 '. ") critical that we replace 15 buses as soon as possible. We have already had a one year delay in placing a bus order due to examining the diesel or CNG issue, and delivery of CNG buses is not anticipated until Spring 2001. I met on Thursday, September 24, 1998 with Jack Limber, Elliott Hurwitz and Susan Brown to discuss the procedure to place an order for 15 CNG buses with New Flyer as part of the regional bid. We did not resolve this issue primarily due to the project scope change from diesel to CNG, involving an increase both in cost and number of buses which affects the fund transfer agreement. MTDB staff agreed to examine the options that would facilitate an order of 15 CNG buses. In addition to resolving the procurement process, I also request that CVT capital procurements (buses, and CNG infrastructure improvements) participate in federal and state funding programs available to the region through MTDB. It is my understanding that CNG capital projects will be eligible for assistance under various TEA-2l funding programs, including CMAQ and the new Clean Fuels programs. The City would appreciate your support ofChula Vista's transition to a CNG bus fleet with regional federal funds now and in the future to offset some of the costs of buying CNG buses, building a fueling facility, and garage modifications. Sincerely, . if:..,/, ,5L( .4-'-~r~ Bill Gustafson Transit Coordinator cc: Honorable Mayor and City Council David Rolands, City Manager John Lippitt, Director of Public Works //~? CITY OF CHULA VISTA ; ~ MTDB Jf!lh Metropolitan Transit Development Board ~ "' 1255 Imperial Avenue. SUite 1000 San Diego, CA 92101~7490 (619) 23H466 FAX (619) 234-3407 December 16, 1998 CIP 448 Mr. Bill Gustafson Transit Coordinator City of Chula Vista Department of Public Works Transit Division 707 F Street Chula Vista, CA 91910 Dear Bill: Subject: COMPRESSED NATURAL GAS (CNG) BUS PROCUREMENT AND FUND TRANSFER AGREEMENT Enclosed is the final agreement for the transfer of funds and procurement of 15 CNG-powered transit buses for Chula Vista Transit. The agreement has a funding process consisting of the following: . The total budget for the 15 buses and 1 power module is $4,995,000. We have enclosed a worksheet detailing all of the components, support equipment, and training that will be required. We have also included in the cost estimation a farebox and radio system for each of the 15 buses. . The project consists of the following funding components, combined into one federal project for the 1 5 buses: exchange of $2,228,000 in City of Chula Vista Transportation Development Act (TDA) funds for $2,228,000 in federal Section 5307 funds; reprogramming of $2.0 million in previously approved City TDA funds for hydrogen fuel cell buses to CNG buses; additional City of Chula Vista TDA funds, in the amount of $687,000; and Air Pollution Control District/AB 2766 funds, in the amount of $80,000. The federal funding will be 44.6 percent, and the local funding will be 55.4 percent. Mcnll)f'l AqHli:j" City' 01 CIW;J \/ic;rd CltV ~,t C.:\rc.'l,,\I:;. (,ity lJf S:lilk"_, CUll II!" l/ ':;;1': [,0' -" Cr'; C]i I:! Or,/ Dr 'ITlP,'WI 8(-';;':'2"1. (Z-'Il of L."., k~,:l ('il-, 01 LH1'('I; I':;, )\it'], CI'{ of NeiIIC:,,-ll ::'1'1_ '::1'."1 ut f'OWdY C>1> Il' S,Pl l:"c!')U ,',lie ~;I ,'Irei ,- '<l,..>r(jII'uliA Co! ilk: - Id .'-;;' ~;::, ,-'1 ,lr:r:llt,C, ;.'.~., ~ .'.1<1, dtJ ,Atillllill,o,~r:ltl(>: '(ill Trdll'"lt COl"por 111~)r:,! .'. Lireq:"" ]IU'<\ I". _lnCl .IIi :SiHl DI(oqo 8, Arl"',0'I<l ["c;(dI1 R;;j",':il'1 C.CliTlpdl~, "'"', .. \1HIUlJ(j;:::1:, T',ill,,;' [)"'/ l:Ji;r~,'.''': ii, '3L:b:-:rdlCiry C c,r~xHdIIUr;-: i ~ ,Scir' !\ Mr. Bill Gustafson December 16, 1998 Page 2 It is our understanding that if we award the 1 5 option buses to New Flyer of America in January 1999, we may be able to have the buses delivered by summer 2000, substantially ahead of our previous projections. As you are aware, a Regional Financing Study is being conducted and there are no commitments at this time to fund the CNG fueling station or upgrades to the garages to maintain CNG vehicles. We recognize the importance of these vital elements of the CNG program and will continue to work with you on funding possibilities. When the agreement for the transfer of funds goes to your council, please add a resolution that will transfer the $2.0 million in previously approved TDA funds for the fuel cell buses to the six CNG buses. A copy of the resolution will need to go to the San Diego Association of Governments (SANDAG) and to MTDB. If you have further questions, please call me or Elliot Hurwitz of my staff at (557-4502). r;;;: Thomas F. Larwin General Manager KYarno/BWashi L-CVTCNGBUS2.EHURWI Enclosures: Draft Agreement for Transfer and Exchange of Federal Funds for Local Funds for the Acquisition and Lease of CNG Buses Pricing Worksheet !/-~ ITEM NUMBER: /~ RESOLUTION NUMBER: ORDINANCE NUMBER: :lilt, 1 OTHER: CONTRACT: CONTRACT/RESOLUTION DATE: ITEM NUMBER REFERENCED ABOVE WAS CONTINUED FROM (DATE): ~/s-: /'N6" I AGENDA PACKET WAS SCANNED ON (DATE): THIS ITEM HAS BEEN CONTINUED TO (DATE): ~ .;(,{, / 1999 MISCELLANEOUS INFORMATION (TITLE OF CONTRACT, ORDINANCE, RESOLUTION, ETC): /c2-- ORDINANCE NO. 2770 r\..{5 AN ORDINANCE OF THE CITY OF CHULA VISTAl ~<jJ'? AMENDING ORDINANCE 2579 OF THE CITY OF CHUL~\) VISTA WHICH ESTABLISHED AN INTERIM PRE-sw&5 DEVELOPMENT IMPACT FEE TO PA~<S-"FOR TRANSPORTATION FACILITIES IN~ CITY'S EASTERN AREA, IN ORDER TO REM EASTLAKE TRAILS, EASTLAKE BUSINESS PA II, BONITA MEADOWS AND SALT CREEK RANCH FROM THE LIST OF AREAS EXCLUDED FROM PAYING THE FEE The City Council of the City of Chula Vista does hereby ordain as follows: SECTION I: That Section 2(e) of Ordinance No. 2579 is hereby amended to read as follows: SECTION 2: Definitions. For the purposes of this ordinance, the following words or phrases shall be construed as defined in this Section, unless from the context it appears that a different meaning is intended. (a) "Building Permit" means a permit required by and issued pursuant to the Uniform Building Code as adopted by reference by this City. (b) "Developer" means the owner or developer of a development. (c) "Development Permit" means any discretionary permit, entitlement or approval for a development project issued under any zoning or subdivision ordinance of the City. (d) "Development Project" or "Development" means any activity described in Section 65927 and 65928 of the State Government Code. (e) "Eastern Territories" means that area of the City located between Interstate 805 on the west, the City sphere of influence boundary on the east, Bonita Road on the north, and the alignment of the proposed extension of East Orange Avenue on the south, as shown on the Chula Vista General Plan. The property known as Bonita Gateway located at the northeast quadrant of Bonita Road and I-80S intersection is also included. For the purposes of this fee, Eastern Territories shall be 1 r;'// further restricted to exclude the following projects: Eastlake Trails Eastlake Vistas Eastlake Woods Eastlake Btlsiaess Park II BOBita 1fcadew3 Paascs of Salt Creek Raaea elleeediag 1013 EquivaleBt Dv:elliag T.} aits Phases of San Miguel Ranch exceeding 1350 Equivalent Dwelling Units (f) "Financial and engineering study": means the "Interim State Route 125 Facility Feasibility Study" dated May, 1993, and on file in the Office of the City Clerk. SECTION II: This ordinance shall take effect and be III full force on the thirtieth day from and after its adoption. Presented by Approved as to form by J~~~~~~~ John P. Lippitt, Director of Public Works H:\home \lomine \or\ord2579.amd 2 t - c2.. further restricted to exclude the following projects: EastlalIe TI ail, Eastlake Vistas Eastlake Woods Eastlake Bl1JiHess Pari, II BOHita Meadows Phase. 6f Salt Creek RaHeh elrceeaiHg 1013 EqHivaleHt DwelliHg UHits Phases of San Miguel Ranch exceeding 1350 Equivalent Dwelling Units (I) "Financial and engineering study": means the "Interim State Route 125 Facility Feasibility Study" dated May, 1993, and on file in the Office of the City Clerk. SECTION II: This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by Approved as to form by ~~,~ Jo~aheny, City Att~ John P. Lippitt, Director of Public Works H:\home\lorrainc\or\ord2579.amd 2 ~-~ Recording requested by and please rerum 10: EXHIBIT 'B' c=:. Clerk Cuy of Chula Vis:.a P.O. Box J087 Clrula Vista, CA 91912 [ X] This documen1 benifirs perminee. Recording fee required. (Tills space for Re:order's use, only) iilie:ts Assessor's Parcel No(s) 593-401-17 C.V. File No. 0710-40-PE-439 AUTHORIZATION FOR ENCROACHMENT ON CITY PROPERTY Permit No, PE-439 Pursuant to Chapter 12.28 of the Chula Vista Municipal Code, permission is hereby granted by the City of Chula Vista (hereinafter "City") to: PACIFIC BAY HOMES and irs successors and assigns (hereinafter "Permittee") whose mailing address is 2300 Boswell Road, Suite 209, ChulaVista, CA 91914, to do work within a portion the Open Space Lot belonging to the City of Chula Vista subject to the terms and conditions comained in this permit ("Permit"). 1. C irv Prooerrv City's property ("City Property) affected by this permit is des:ribed as follows: Hunte Parkway as dedicated to the City of Chula Vista per Document Recorded July 9, 1997 as Documem No. 1997-0322397 of official records. 2. Benefined Prooertv The property benefitting from the grant of this permit is the Rolling Hills ( Sail Creek Ranch) and is described as follows: LEGAL DESCRIPTION: Being a portion of Section 23 through 27, Township 17 South, Range 1 West, San Bernardino Base and Meridian, in the City of Chula Vista, County of San Diego, State of California. ADDRESS: 600 block of Hunte Parkway. 3. Permitted Encroachment Permittee has requested this Permit with respect to City Property for the following purpose ("Encroachment") : Page 1 -.3 InstalJation and maintenance of a sign and monument wall in the form and location approved by City in accordance with the depiction and site plan shown on Exhibit A attached hereto and incorporated herein by this reference. 4. Grant of Permit Permission is hereby granted to Permittee by City to install the above-mentioned Encroachment on the City Property at the location specified in accordance with the following terms and conditions: a. Tne Encroachment shall be installed and maintained in a safe and sanitary manner by Permittee as determined by City. b. Encroachment shall, in no way interfere with the maintenance of street trees or operation of any existing utility, including but not limited to water meters, CATV and telephone pedestals, public storm drain and sewer lines. Any costs arising from changes of or to any City property or facility due to the Encroachment shall be the sole responsibility of Permittee. c. Maintenance, removal or relocation of Encroachment shall be the sole responsibility of Permittee, and/or Permittee's lessee, should there be any, at no expense to City. d. Encroachment shall conform to all standards and specifications as stated in the Chula Vista Municipal Code. e. Permittee is to call Underground Service Alert (One call mark-out service) at 1-800-422-4133 a minimum of two working days prior to any excavation being done in the public right-of- way, including post holes or footing excavations. f. Permittee shall apply an anti-graffiti material to the Encroachment of a type and nature that is acceptable to the Director of Public Works. g. Permittee shall inunediately remove any graffiti from the Encroachment. h. If, after notice from the City, Permittee fails to inunediately remove any graffiti from the Encroachment, City shall have the right to remove graffiti or paint the Encroachment to cover over graffiti at Permittee's sole cost, including reimbursement for City staff time, at full cost recovery, and the cost of materials. 1. Permittee shall not allow Encroachment to block the existing course of surface drainage to the extent that it may endanger the public or the properties surrounding Permittee's property or cause pounding of water. .i. Permittee shall post a cash bond in the amount of three thousand six hundred and eighty dollars ($3,680.00) for future removal or relocation of encroachment. This permit is revocable by City upon thirty (30) days written notice to Permittee, and upon written notice, the installation must be removed or relocated, as and when specified by the City Engineer, at Permittee's cost. If Permittee fails to remove or relocate the Encroachment as directed, City may cause such work to be done and the cost thereof shall be deducted from the cash bond as referenced in 4 (j) above. Permittee shall pay the difference between the total cost of removal or relocation and the total bond deposited. It is further agreed that if any part of Permittee's Encroachment or Permittee's rights under this Permit should interfere with the furore use of the City's property as determined to be necessary by the City in its sole discretion, in the interests Page 2 ~ oipublic health, safery or welfare, upon Ciry's request, the Encroachment must be removed or relocated at Pe~jttee's expense and Permittee's rights hereunder shall terminate. Pec;::-jrree shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and em;>ioyees, from and against all claims for damages, liability, cost and expense (including without limitation arro:neys' fees) arising out of the conduct of the Permittee, or any agent or employee, subcontractors, or othe:'s (including third parries) in connection with the installation or maintenance of the Encroachment, except amy for those claims arising from the sole negligence or sole willful misconduct of the City, its officers, agentS or =ployees. PerrnitL.""e's indemnification shall include any and all costs, expenses, attorneys' fees and liability inc!hled by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Permittee at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Permittee's ind=;nnification of City shall not be limited by any prior or subsequent declaration by the Permittee or ag7=::ment. Permittee shall acquire and maintain in effect comprehensive general liability insurance in a form and in cO\'erage amounts approved by the City's Risk Manager. Insurance shall be issued by an California admitted carrier with a Best's rating of A-V or better. City shall be named an additional insured by appropriate endorsement. The undersigned Perrninee hereby accepts this Permit upon the terms and conditions stated herein and agrees to comply with all S'.ated terms and conditions and with all applicable laws, including any applicable provision of the Chula Vis", Municipal Code. City acknowledges that Permittee shall be transferring all of its obligations under this permit to the Rolling Hills Ranch co=unity Association ("Association"). City hereby acknowledges that upon completion of construction of the sign, monument wall and related improvement within the Encroachment Area, Perminee has the absolute right to unilaterally transfer its obligations under this permit to the Association which shall accept such transfer in writing without the consent of the Ciry, Upon execution of an agreement by the Association assuming the obligations of Permittee under this permit and delivery to City of such original agreement, Permittee shall be automatically released from all liability and obligations under this permit. In the event of a dJ..,,?ute arising as to the terms or interpretation of this permit, the City Engineer shall resolve said dispute in his sole and unfettered discretion, reasonably applied. cm- OF CHULA VISTA: Permit approved by: Date: Clifford L. Swanson Deput)' Public Works Director/City Engineer (City Clerk to attach acknowledgmeru.) Page 3 5 PER\HTTEE: Signature:q<\ O./AJ--/ I r{L Ic~ ~ () Date:~~ -\.~-IO (Notary to attach acbwwledgmeru.) ADDroved as to Tonn: City Attorney NOTE: Pennittee is to submit a check or money order payable to County of San Diego equal to the total of $7. 00 for the first page and $3. 00 for each page thereafter, including notary acbwwledgments for all signatories. . T (For office use only) T En:roachmem has been constructed and is in compliance with the atta:hed sketch. Signed Dated (Inspector) (Signature Page for C.V. File No. 0710-4O-PE-439) H:\H::>:;"E\ENG~'"EER\PER..\l!:"SlPE439 .BFS Page 4 0 , CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT r;~JX.~~~viV'.F:<',C.(-~~C<-.N-~~~~~~~~~,..f":('...<!':<'~~~...0(',jf';('~if:<'lf':C'Z':('f:<'..,C;(',ft'IT.R:(,'lf':(~/d:'N-fl..'>i @ - g iX C r ~ ~C; \ _ , . " ~ I ___ . ';.( liS S~ate of ,~ . \ -:- J, ~ L -;- r: X (u"^.rr~ 6 ~ County of ':1 r" v "--, '----"" g g r-...~.. \, \1\ IJ /:0 I' g ~ On~w'i.'l~V'Y \116 before me, ~ 011 ~ I' 1 .G ~ ~ ["" I' J rJ,' NaOme~nl~lol,011'';le.,- 'J,,,,D,,,, NOla'YPUbhC') " ~ ~,~,',", oersonallyap::>eared ~'"2..L h , ~ _ _ '-'--~ ' . ~.'. 0.: N me(s) 01 SlcrnerlSJ ~ ~,,' ~ersonally k~::>wn to me - OR - = proved to me on the basis of satisfactory evidence to be the person~ ~ <01 whose name(.efisia;e'Subscribed to the within instrument K ~ and acknowledged to me that ~shellt>e1' executed the ~, ' g, same in l>is/her/t~authorized capacity(~ and that by 8 (;1 .tlis7her/\bei("signature~ on the instrument the person/.8f,' ) ~.: or the entity upon behalf of which the personW'acted, ~ (;1 executed the instrument. ~ ~ ~ ~," WITNESS my hand and official seal. ~ ~ ~ ~ ~ _,'. ~~L I g,., TnCJugh the infor.7'i~tJon below is not requireo' by law, it may prove valuable to persons relying on the document and could prevent ~ <S: fraudulent removal and reattachment of this form to another document. ~ " , Description of Attached Document [ , ~ 11$ '" ~ ~ I ~ liS ~ ~ i ~ ~ ~ ~ ~ ., ~ I .', ~V~="Q'_'h""'V';'-_===-~~=======~h=====V""'=="<'-';.="<'-';.,;,;,;,;="<'-';.="<'-';.="<'-';..'G';==="Q_=V=="Q'~ <01995 N'I''', ""N A"",""oc. "" R.mm" A", PO, 50' 7184. COO", Pac', CA 9130,,7184 7 O'od, No 5907 R'OId." C,II Toil-Fie' 1-BOD-'75-6627 Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: =' Individual Corporate Officer Title(s): Partner - = Limited LJ General Attorney-in-Fact Trustee Guardian or Conservator Other: :J Individual :J Corporate Officer Title(s): :J Partner - = Limited C General :J Attorney,in-Fact ., Trustee Guardian or Conservator .=J Other: Iii::;j:~l(.!l',~. T:;:) of Inumb here Signer Is Representing: Signer Is Representing: ~ ~ ~ i I,' 'I .' ~: ., ~ " This page blank g , . p4rJes 9-/~~ Il!IJJ/~ Recording requesIed by and please rerum 10: EXHIBIT 'E' Cl::. Clerk Cr:y of Chula V15:..<; P.O. Box .1087 enula Vista, CA 919]2 [ X] This document beneftIs perminee. Recording iee required. (Tills space for Recorder's use, ow~') Affects Assessor's Parcel No(s) 593-401-17 C.V. File No. 0710-40-PE443 AUTHORIZATION FOR ENCROACHMENT ON CITY PROPERTY Permit No. PE-443 Pirsuam to ChapIer 12.28 of the Chula Vista Municipal Code, permission is hereby granted by the City of Chula Vista (hereinafter "City") to: PACIFIC BAY HOMES and its successors and assigns (hereinafter "Permirree") whose mailing address is 2300 Boswell Road, Suite 209, ChulaVista, CA 91914, to do work within a portion the right-of-way, Landscape buffer and sidewalk easement belonging to the City of Chula Vista subject to the terms and conditions contained in this permit ("Permit"). 1. Cirv ProDerrv City's propeny ("City Property) affected by this permit is described as follows: Proctor Valley Road as Dedicated to the City of Chula Vista per Documents recorded November 13, 1997 as Documents Nos. 97-0571418 and 97-0571419 of official records. 2. Benefirred Properrv The propeny benefitting from the grant of this permit is the Rolling Hills ( Salt Creek Ranch) and is described as follows: LEGAL DESCRlPTION: Being a portion of Section 23 through 27, Township 17 South, Range 1 West, San Bernardino Base and Meridian, in the City of Chula Vista, County of San Diego, State of California. ADDRESS: 2400 block of Proctor Valley Road. 3. Permitted Encroachment Permirree has requested this Permit with respect to City Property for the following purpose ("Encroachment") : Page 1 13 Installation and mainte= of a sign and monument wall in the form and lo:ation approved by City in accordan:e with the depiction and site plan shown on ExhibiT D attached hereto and incorporated herein by ~i.i5 referen~e. 4. Grant of Permit Permission is hereby granted to Permittee by City to install the above-mentioned Encroachment on the City Property at the location specified in accordance with the following terms and conditions: a. Tne Encroachment shall be installed and maintained in a safe and sanitary manner by Permittee as determined by City. b. o:n:roachment shall, in no way interfere with the maintenance of StreeT trees or operation of 2.Dy existing utility, including but not limited to water meters, CATV and telephone pedestals, puhlic storm drain and sewer lines. Any costs arising from changes of or to any City property or facility due to the Encroachment shall be the sole responsibility of Permittee. c. Maintenance, removal or relocation of Encroachment shall be the sole responsibility of Permittee, and/or Permittee's lessee, should there be any, at no expense to City. d. En:roachment shall conform to all standards and specifications as Slated in the Chula Vista Municipal Code. e. Perrrtinee is to call Underground Service Alert (One call mark-out service) at 1-800-422-4133 a minimum of two working days prior to any excavation being done in the public right-of- way, including post holes or footing excavations. f. Perrrtittee shall apply an anti-graffiti material to the En:roachment of a type and nature that is acceptable to the Director of Public Works. g. Permittee shall inunediately remove any graffiti from the Encroachment. h. If, after notice from the City, Permittee fails to inunediately remove any graffiti from the Eocroachment, City shall have the right to remove graffiti or paint the Encroachment to cover over graffiti at Perrrtittee's sole cost, including reimbursement for City staff time, at full cost re:overy, and the cost of materials. 1. Perrrtinee shall not allow Encroachment to block the existing course of surface drainage to the e"ient that it may endanger the public or the properties surrounding Permittee's property or cause pounding of water. J. Permittee shall post a cash bond in the amount of three thousand six hundred and eighty dollars ($3,680.00) for future removal or relocation of encroachment. This permit is revocable by City upon thirty (30) days written notice to Permittee, and upon written notice, the installation must be removed or relocated, as and when specified by the City Engineer, at Permittee's cosI. If Perrrtinee fails to remove or relocate the Encroachment as directed, City may cause such work to be done and the cost thereof shall be deducted from the cash bond as referenced in 4 G) above. Permittee shall pay the difference between the total cost of removal or relocation and the total bond deposited. It is further agreed that if any part of Perrrtitt..'"e' s Encroachment or Permittee's rights under this Permit should interfere with the fumre use of the City's property as detertnined to be necessary by the City in its sole discretion, in the intereslS Page 2 11 or public health, safety or welfare, upon City's request, the Encroachment must be removed or relocated at Permittee's expense and Permittee's rights hereunder shall terminate. ?e:minee shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation anorneys' fees) arising out of the conduct of the Permittee, or any agent or employee, subcontractors, 0r Olbers (inclurlin~ !bird parties) in connection with the installation or maintenance of the Encroachment, except oniy for those claims arising from the sole negligence or sole willful misconduct of the City, its officers, agents D:' employees. Perminee' s indemnification shall include any and all costs, expenses, attorneys' fees and liability in:uITed by the City, its officers, agents, or employees in defending against such claims, whether the same p;o:eed to judgment or not. Further, Permittee at its own expense shall, UPOtt written request by the City, defend any sucb suit or action brought against the City, its officers, agents, or employees. Permittee's iniemnification of City shall not be limited by any prior or subsequent declaration by the Perminee or agreement. Permittee shall acquire and maintain in effect comprehensive general liability insurance in a form and in coverage amounts approved by the City's Risk Manager. Insurance sball be issued by an California admined carrier with a Best's rating of A-V or better. City shall be named an additional insured by appropriate endorsement. Tne undersigned Permittee hereby accepts this Permit upon the terms and conditions stated berein and agrees to comply with all Stated terms and conditions and with all applicable laws, including any applicable provision of rile Chula VW.a Municipal Code. Cil)' acknowledges that Perminee shall be transferring all of its obligations under this permit to the Rolling Hills Ranch community Association ("Association"). City hereby acknowledges that upon completion of cOilSlIUCtion of the sign, monument wall and related improvement within the Encroachment Area, Perminee has the absolute right to unilaterally transfer its obligations under this permit to the Association which shall accept such transfer in writing without the consent of the City, Upon execution of an agreement by the Association assuming the obligations of Permittee under this permit and delivery to City of such original agreement, Permittee sball be automatically released from all liability and obligations under this permit. In rile event of a dispute arising as to the terms or interpretation of this permit, the City Engineer shall resolve said dispute in his sole and unfenered discretion, reasonably applied. cm' OF eHULA VISTA: Permit approved by: Date: Clifford L. Swanson Deputy Public Works Director/City Engineer (City Clerk to attach acknowledgmem.) Page3 /5 PER\fJTTEE: Signawre: ct< r{AM-~ (~ /--- , J- L\ Date: :. 1_ \ \ L\ ( q c, (NOlary 10 attach acknowledgmelU.) Approved as to form: Ciry Anorney NOTE: Permittee is 10 submit a check or money order payable to County of San Diego equal to the total of $7.00 for the first page and $3. 00 for each page thereafter, including notary acknowledgmelUs for all signatories. . ... (For office use only) ... En:roachment ha.I been constructed and is in compliance with the attached sketch. Signed Dated (Inspector) (Signature Page for C.V. File No. 0710-4O-PE-443) H;;;;:J.~!E'ENGlNEERIpER.\C"S;PE443.BFS Page 4 I ~ WITNESS my hand and Dfficial seal. ~ - ~ ~ , ~vvJJ:o:J ~ ~v~ 5""\3 of No"~ Po"~ OPTIONAL T:;~;)gh the intormaTt:Jn De/ow IS not reoU/red by law. it may prove valuable to persons relymg on the do=ument and could prevent fiaudufeni removal and reattachment of this form to anolner document. Description of Attached Document Trtle Dr Type Df DDcument: DDcument Date: Number Df Pages: Signer(s) Of her Than Named AbDve: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: individual '- CDrpDrate Officer Iitle(s): , Partner - C Limited [; General AttDrney-in-Fa:t Trustee Guardian Dr CDnservatDr Other: Individual -' CDrpDrate Officer Title(s): Partner - = Limited [' General -' AttDrney-in-Fact Trustee Guardian or CDnservatDr Other: , i 10001 lnumb here Signer Is Representing: Signer Is Representing: /7 g ~ g ~ -, , I This page blank Ie 1jfJ . t //? \ ~ 1fio/ ^ ;/J 7~.1/' AGREt:::NT FOR TRANSFER AND EXCHANGE OF FEDERAL FUNDS -( ~ v' FOR LOCAL FUNDS FOR THE ACQUISITION AND LEASE OF BUSES 09" ~ ) This AGREEMENT FOR TRANSFER AND EXCHANGE OF FEDERAL FUNDS FOR LOCAL (}. Ii' \l FUN9,S-FOR THE ACQUISITION AND LEASE OF BUSES (" Agreement"), is entered into effective as of 'JAN"'-;~/ J.2.. 1 999 ("Effective Date") by and between the SAN DIEGO METROPOLITAN TRANSIT DE ELOPMENT BOARD, a public agency ("MTDB"). and the CITY OF CHULA VISTA, a chartered municipal corporation of the State of California ("City"). with reference to the following facts: MTDB DOC. NO. B0197 .0-99 (CIP 4481 R E C I TAL S: WHEREAS, City desires to purchase fifteen (15) new buses ("City Buses") in order to upgrade the City's public transit system which serves the City and certain immediately surrounding areas; and WHEREAS, MTDB desires to utilize a portion of the City's Transportation Development Act ("TDA") funds in order to finance regional operations of transit facilities and systems; and WHEREAS, MTDB has offered to purchase 15 of the City Buses on behalf of the City using 53.79 percent City TDA funds, 1.60 percent Air Pollution Control District/AB 2766 funds, and 44.60 percent federal funds. The federal funds would be exchanged with $2,228,000 in the City's TDA funds; and WHEREAS, the parties have determined that the use of MTDB federal funds for the purchase of the City Buses in exchange for City TDA funds will mutually serve MTDB's and the City's best interests by maximizing the effective use of TDA funds for the benefit of transit operations in the region; and WHEREAS, MTDB has assured the City that, except as specifically provided in this Agreement, MTDB's purchase of the City Buses on behalf of the City using federal funds will not impose on the City any costs, obligations, or liabilities beyond those which the City would incur if it purchased the City Buses itself using TDA funds; and WHEREAS, MTDB has prepared, submitted, and received a federal grant application ("Grant Application") with the Federal Transit Administration ("FTA") requesting federal grant funds to finance 44.60 percent of the costs for acquisition of the 15 City Buses ("Bus Acquisition Funds"), NOW, THEREFORE, in consideration of the above recitals and the obligations set forth herein, MTDB and City agree as follows: 1. Federal Grant Application and Award Process 1.1 MTDB has secured the award of the federal Bus Acquisition Funds. In the event that the Bus Acquisition Funds are awarded, any related grant award, contract, or grant conditions (collectively, "Federal Grant Requirements") other than those set forth in the federal Master Agreement attached hereto as Exhibit A and incorporated by reference, shall be submitted to the City for approval, such approval not to be unreasonably withheld or delayed. Except as expressly provided in this Agreement, in no event shall the Federal Grant Requirements require the yJ~at{!~ ~ ~ / -/~-qCJ iF)~J3Y City to incur costs, staff time, or liabilities in connection with the acquisition or use of the City Buses which exceed the cost, staff time, or liabilities that the City would have incurred had the City acquired the City Buses itself using 100 percent TDA funds. In the event that (a) Bus Acquisition Funds are not awarded, (b) the award is delayed such that the availability of Bus Acquisition Funds by the daters) for payment required in the" Bus Purchase Contract" (defined in Section 2.1 below) is jeopardized, or (c) the City reasonably disapproves the federal grant requirements, City shall have the right to terminate this Agreement without penalty pursuant to Section 5 hereof. A budget for the project has been developed and is attached as Exhibit B. 2. Bus Acquisition, Transfer, and Lease 2.1 Upon full execution of this Agreement by the parties, City shall provide MTDB in writing the final specifications for the City Buses; MTDB shall take all necessary and appropriate steps to solicit competitive bids, enter into a contract for the purchase of the City Buses ("Bus Purchase Contract"). and implement such contract and procure the City Buses. MTDB shall submit the initial bid package and any material alterations thereto, including, without limitation, any "requests for approved equals" to the City for City's prior approval. The solicitation, award, and implementation of the Bus Purchase Contract shall be collectively referred to herein as the" Bus Procurement." The Bus Purchase Contract shall be awarded (a) to the lowest responsive and responsible bidder; (b) in accordance with all applicable federal, state, and local laws, and regulations and procedures, including, without limitation, existing MTDB competitive procurement practices; and (c) in such a manner as to assure the award of the Bus Purchase Contract to the selected vendor by no later than January 1999 ("Required Contract Award Date"). In lieu of bidding, MTDB may enter into an agreement with another transit agency to acquire the buses through that agency's competitive procurement. City shall have prior approval rights, in its sole discretion, over any Bus Purchase Contract which provides for delivery of the City Buses on a date later than the date falling eighteen (1 B) months after the Required Contract Award Date. 2.2 MTDB shall be solely responsible for bearing all Bus Procurement costs other than the City's 53.79 percent share of the project costs. City shall provide MTDB with any City information reasonably requested by MTDB which is necessary to complete the Bus Procurement process. 2.3 Upon award of the Bus Purchase Contract and City review and approval of the payment schedule for the contract, City shall transfer to MTDB, or cause to be transferred to MTDB, an amount of City TDA funds estimated at $4,915,000 for the City Buses under the Bus Purchase Contract. In the event the City Buses are not purchased and the contract is terminated, MTDB shall return all such TDA funds to the City. 2.4 Effective upon the delivery of the City Buses, MTDB shall (a) promptly deliver possession of the City Buses to the City, (b) assign any and all warranties related thereto to the City, and (c) lease the City Buses to the City on the terms set forth herein. The lease term shall be for a . period of twelve (12) years from the date of the delivery of the City Buses to the City. Rent shall be $1 per bus per year, payable annually in arrears. Subject to the provisions of Section 3 hereof, City shall be responsible at its sole cost for all normal maintenance and upkeep of the City Buses during the lease term. City shall have the option, in its sole discretion, at the end of the lease term to either (1) extend the lease, as the City may elect, on the same terms and conditions set forth above, or (2) if the fair market value is less than $5,000 each, purchase one or more of the City Buses from MTDB for the purchase price of $1 per bus. -2- ) / r / / B0197.0-99 3. Federal Requirements The City and MTDB recognize that a variety of federal requirements apply to MTDB in the use of federal funds to purchase the City buses. Certain of those federal requirements will remain the responsibility of MTDB throughout the life of the lease of the City Buses to the City. Other requirements will flow through to the City. The following generally summarizes those requirements and the parties responsible for compliance with them. The federal Master Agreement to which MTDB and the FT A are parties is attached hereto (Exhibit Al and incorporated by reference. City and MTDB agree to meet and confer in good faith to minimize any costs related to these requirements. In the event that the City is incurring significant ongoing expenses in complying with the requirements in this Section 3, MTDB agrees to meet and confer in good faith to consider the reimbursement to the City of some or all of those costs. 3.1 Ownership. MTDB at all times will retain ownership of the vehicles for a period of 12 years. City shall have the option at any time after the federal minimum normal service life (12 years or 500,000 miles for standard buses and a fair market value under $5,000) to purchase each vehicle for $1 . 3.2 Decrease in Service. In the event that the City decreases peak-hour service, decreasing the number of vehicles needed, City shall consult with MTDB to ensure that the leased vehicles will be appropriately used for public transit services. 3.3 Senior and Disabled Fares. MTDB will maintain a regional fare structure providing for senior and disabled fares as set forth in the Uniform Regional Fare Structure Agreement between MTDB and area operators, including the City. 3.4 Public Comment Process. City and MTDB shall utilize a process to solicit and consider public comment before raising fares or carrying out major reductions in transportation. MTDB shall continue to utilize its process for the establishment and modification of the regional fare structure. The City shall solicit and consider public comment before raising local fares or implementing major reductions in transportation services. 3.5 Compliance with Competitive Procurement Requirements. MTDB shall procure the vehicles in compliance with all federal requirements for competitive procurement. The City will have no obligation with regard to such requirements, though the City shall participate with MTDB in the development of appropriate plans and specifications for the vehicles to meet the City's needs. 3.6 Charter Bus Service. Neither the City nor MTDB shall provide charter bus transportation service outside the urban area in which it provides regular scheduled mass transportation services using the federally funded buses. 3.7 School Bus Service. Neither the City nor MTDB shall provide exclusive school bus service except as specifically allowed by federal law using the federally funded buses. 3.8 Debarment and Suspension. MTDB and the City shall each execute and cause their contractors to execute debarment and suspension certificates stating they have not been disqualified from doing business with the federal government. -3- //~/,;L- B0197.0-99 3.9 Notification of ChanQed Conditions. MTDB is obligated to notify the federal government of any change in conditions, including changes in local law or litigation which would affect performance of the project, i.e., utilization of the City Buses for mass transit services. City agrees that, in the event such circumstances occur, it will notify MTDB. The parties agree to meet and confer in good faith to ensure the continued use of the vehicles for the purposes intended. 3.10 MTDB as Grantee. MTDB specifically will be required to ensure compliance with the requirements of 49 USC, Section 53313 [previously known as Section 13(c)] of the Federal Transit Act to protect certain rights of mass transit employees from adverse effects which may result from a federal project. As grant recipient, MTDB will be required by the Department of labor to enter into a 13(c) agreement with any union that represents mass transit employees in the service area of the project. The 13(c) agreement will set forth MTDB obligations vis-a-vis mass transit employees who are affected by the project. MTDB currently has entered into agreements with affected employees. MTDB will assume all 13(c) obligations and indemnify the City for any 13(c) liability in accordance with Section 4.1. The City agrees to cooperate with MTDB in the processing of any 13(c) claims by providing such necessary information relating to wages and benefits. The Department of labor has issued a final certification for this FT A grant approving MTDB's agreements/arrangements with the labor organizations. 3.11 Americans with Disabilities Act. MTDB and the City agree to both comply with the Americans with Disabilities Act (ADA) in the provision of services utilizing these vehicles. MTDB will ensure that the vehicles meet accessibility requirements through its procurement. The City will ensure that the vehicles are used in a manner compliant with the ADA in the provision of mass transportation services. 3.12 Paratransit Services. MTDB and the City agree to continue to provide ADA-compliant complementary paratransit services under the agreements currently in effect or as modified in the future by the City and MTDB by mutual agreement. 3.13 Drug and Alcohol TestinQ. City agrees to provide drug and alcohol testing of all its drivers as required by the Federal Highway Administration. 3.14 Equipment ManaQement and Maintenance. MTDB and the City agree that the City shall maintain the vehicles in good operating order for purposes for which they were intended. City agrees to make all maintenance records available to MTDB. 3.15 Insurance. City shall maintain sufficient insurance or a self-insurance program approved by MTDB to cover all casualty losses and ensure the repair or replacement of federal vehicles. MTDB hereby approves the City's insurance program and requirements imposed on San Diego Transit Corporation in its May 11, 1993, agreement (or subsequent future operating agreements). In the event a vehicle is not replaced or repaired, City agrees to transfer any insurance proceeds received to MTDB for remitting the federal share to the FT A. 3.16 Equal Employment Opportunity. City and MTDB agree that no person, on the grounds of race, color, creed, national origin, sex, age, or disability, will be excluded from participation in, denied the benefits of, or be subject to discrimination of employment under the program of mass transit services utilizing these vehicles. 3.17 Title VI, Nondiscrimination Requirements. MTDB and the City agree that the mass transit services utilizing these vehicles shall be provided in a nondiscriminatory manner. MTDB agrees to provide the necessary Title VI reporting to the federal government. The City agrees to provide such technical assistance and information as necessary for the development of that report. -4- ) J~ /;3 B0197.0-99 3.18 Maintenance Inspections. The City shall maintain, or cause to be maintained, the City Buses at a high level of cleanliness, safety, and mechanical soundness under maintenance procedures currently in effect for City-owned vehicles under its current contract with San Diego Transit Corporation. MTDB and the FTA shall have the right to conduct periodic maintenance inspections for the purpose of confirming the existence, condition, and proper maintenance of the project equipment. 3.19 Records. MTDB and the City shall maintain full and accurate copies of records of costs expended with regard to all matters covered by this Agreement. All such material and data shall be kept available at their respective offices at reasonable times for five years from the date of final payment. MTDB shall maintain the overall set of records for the Bus Purchase Contract and the Federal Grant Requirements. MTDB shall keep those records for five (5) years from the date of the City Buses' delivery day to permit inspection and/or audit by the state and federal government or any authorized representative thereof. 4. Representations, Warranties, and Indemnities 4.1 MTDB represents, warrants, acknowledges, and agrees that, to the best of its knowledge, after due inquiry (a) the transfer and use of the Bus Acquisition Funds and TDA funds, and the parties' other obligations contemplated by this Agreement, comply with all applicable federal. state, and MTDB laws, regulations, and policies; (b) Section 13(c) of the Federal Transit Act, and its successor codification at 49 USC, Section 5333(b) 13(c) ("13(c) Requirements"). shall not apply to the City in its use and operation of the City Buses acquired by MTDB as contemplated hereunder; and (c) except as expressly provided herein to the contrary, MTDB shall, and can legally, at its sole cost, be responsible for compliance with all applicable federal, state, and MTDB laws, regulations, and policies, including, without limitation, the 13(c) Requirements and the Federal Grant Requirements. 4.2 MTDB agrees to indemnify, protect, defend, and hold harmless the City, its City Council members, officers, employees, and agents from and against any and all damages, liabilities, losses, payments, costs, expenses, or expenditures, including, without limitation, attorney's fees and court costs (collectively "Losses") incurred thereby resulting, directly or indirectly, from (a) the failure or invalidity of any of the representations or warranties contained in Section 4.1 hereof, or (b) the performance by MTDB or the City of their respective obligations under this Agreement, provided, however, that any Losses caused by the active negligence or willful misconduct of the City shall be excluded from this indemnity obligation. 4.3 City represents and warrants that it has full power and authority to enter into this Agreement under the City Charter and applicable local purchasing rules and regulations. 4.4 City agrees to indemnify, protect, defend, and hold harmless MTDB, MTD Board members, officers, employees, and agents from and against any and all damages, liabilities, losses, payments, costs, expenses or expenditures, including, without limitation, attorney's fees and court costs (collectively "Losses") incurred thereby resulting, directly or indirectly, from the failure or invalidity of any of the representations or warranties contained in Section 4.3 hereof, provided, however, that any Losses caused by the active negligence or willful misconduct of MTDB shall be excluded from this indemnity obligation. -5- /!- )i B0197.0-99 5. City T ermination Ri~hts If the Bus Purchase Contract will not be awarded by the Required Contract Award Date, then, upon fifteen (15) days written notice to MTDB, City shall have the right to terminate this Agreement, without penalty, and neither party shall have any further obligations hereunder. 6. Term The term of this Agreement will be for so long as either party has any remaining executory obligations hereunder. 7. Dispute Resolution In the event of a dispute hereunder, each party agrees to meet and confer with the other in a good faith effort to resolve same. In the event the parties are unable to reach a resolution of their dispute after good faith efforts, the parties agree to submit the matter to nonbinding arbitration in San Diego County, such arbitration to be conducted in accordance with the rules and procedures of the American Arbitration Association. If the matter is not resolved in arbitration, or if the parties otherwise agree, either party may pursue any and all other legal or equitable remedies available to enforce their rights hereunder, provided, however, in the event of litigation, each party hereby waives any and all right to a trial by jury. 8. Attorneys' Fees If either party commences legal proceedings for any relief against the other party arising out of this Agreement, the prevailing party shall have the right to recover from the other its legal costs and expenses, including, but not limited to, reasonable attorneys' fees and costs. 9. Computation of Time Periods All periods of time referred to in this Agreement shall include all Saturdays, Sundays, and state or national holidays, unless the period of time specifies business days, provided that if the date or last date to perform any act or give any notice or approval shall fall on a Saturday, Sunday, or state or national holiday, such act or notice may be timely performed or given on the next succeeding day which is not a Saturday, Sunday, or state or national holiday. 10. Entire Agreement This Agreement, together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire agreement between the parties with respect to the subject matter hereof. All prior or contemporaneous agreements, understandings, representations, warranties, and statements, oral or written, are superseded. 11 . Exhibits All exhibits referred to herein are attached hereto and incorporated herein by reference. -6- J) -/3 B0197.0-99 12. Further Assurances The parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the parties. 13. Governing law This Agreement shall be governed, interpreted, construed, and enforced in accordance with the laws of the State of California. 14. Headings The captions and paragraph headings used in this Agreement are inserted for convenience of reference only and are not intended to define, limit, or affect the construction or interpretation of any term or provision hereof. 15. Modification, Waiver No modification, waiver, amendment, or discharge of this Agreement shall be valid unless the same is in writing and signed by authorized representatives of both City and MTDB. 16. Notice Notice to either party shall be in writing and either personally delivered, faxed, or sent by express delivery or certified mail, postage prepaid, return receipt requested, addressed to the party to be notified at the address specified herein. Any such notice shall be deemed received on the date of personal delivery to the party (or such party's authorized representative) or five (5) business days after deposit in the U.S. Mail, as the case may be. City Address for Notice: MTDB Address for Notice: City of Chula Vista Attn: Transit Coordinator 276 Fourth Avenue Chula Vista, CA 91910 MTDB Attn: General Manager 1255 Imperial Avenue, Suite 1000, MS 58 San Diego, CA 92101 Either party may change its address for notice by delivering written notice to the other party as provided herein. 17. Time Time is of the essence for each provision of this Agreement. (NEXT PAGE IS SIGNATURE PAGE) -7- //-J~ B0197.0-99 SIGNATURE PAGE TO: AGREEMENT FOR TRANSFER AND EXCHANGE OF FEDERAL FUNDS FOR LOCAL FUNDS FOR THE ACQUISITION OF BUSES Effective Date: ,1999 IN WITNESS THEREOF, the authorized representatives of both parties have executed this Agreement on the date specified above. CITY OF CHULA VISTA METROPOLITAN TRANSIT DEVELOPMENT BOARD Thomas F. Larwin, General Manager Shirley Horton, Mayor Attest: City Clerk Approved as to form: Approved as to form: John M. Kaheny, City Attorney ---~ - :...--. . m ____ Jack Limber, General Counsel SStroh/KYarno AGR-CHVST A.JLlMBE 12/16/98 Attachment: Exhibit A, Federal Grant Agreement Exhibit B, Budget and Schedule -8- J/~/? B0197.0-99 ~ b ~/I tll .... 0 0 C'l .... -n 0 0 '" ;0 '" :I> 0 -n ~ " 0 0 ~ 0 I .... m '" r- .... c " m VJ ~ ;0 C C ~ < C ~ m =< ;0 m Z <;; ;0 s: :I> r- r- ~ ~ -l r- '" =< :::! m 1l Z (') Z :. VJ ;0 :5 Z z .... (') 0 G1 0 m .... 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'" ~ -< '0 :... " :... '" w 0 '" 0> 0 0 ... ~ ".: ... 0 ... '" '" '" '" '" ~ ~ w Co 0 0 '" :. 0 .... '" 0 0 '" w CO '" ~ 00 '" 0 0 '" ... .. .. .. .. .. t' .. :::! w '" '" '" '" '" '" '0 Co Co in '" :,. 0 '" '" '" '" 0> ~ '" 0> '" ... '" 0> '" ... '" '" ... 0 '0 Co i>> Co 0 0 ~ ~ 0 0 '" .... '" ~ 0 0 CD '" '" 00 w 0 0 '" '" 1 EXHIBIT A UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL TRANSIT ADMINISTRA nON GRANT AGREEMENT (FTA G-3, October 1,1996) Upon execution by the Grantee named below, the U.S. Department of Transportation, Federal Transit Administration (Federal Government or FTA) and the Grantee have entered into this Grant Agreement This Grant Agreement covers the Project described below. In addition, the following documents are incorporated by reference and made part of this Grant Agreement (1) "Federal Transit Administration Master Agreement," FTA MA(3), October 1,1996; and (2) Any Award notification containing special conditions or requirements, if issued. THE FEDERAL GOVERNMENT MAY WITHDRAW ITS OBLIGATION TO PROVIDE FINANCIAL ASSISTANCE IF THE GRANTEE DOES NOT EXECUTE THIS GRANT AGREEMENT WITHIN 90 DAYS AFTER A WARD. FTAAWARD FTA hereby awards a Federal grant as follows: Proiect Number. CA-90-X793-01 Grantee: Metropolitan Transit Development Board Desianated Recipient San Diego Association of Govemments Citation of StaMe!s) Authorizina Proiect: 49 U.S.C. 9 5307 Estimated Proiect Cost FIFTY FOUR MILLION, THREE HUNDRED THOUSAND, EIGHT HUNDRED DOLLARS ($54,300,800) Maximum Federal Funds Approved: TWENTY FIVE MIWON, FIVE HUNDRED TWENTY THREE THOUSAND, NINE HUNDRED SIXTY SEVEN DOLLARS ($25,523,967) Amount of This Federal Assistance Award: FIVE MILLION, NINE HUNDRED TWENTY FOUR THOUSAND, FOUR HUNDRED SEVENTY ONE DOLLARS ($5,924,471) Maximum Pertentaae!s) of Federal Participation: 80% Capital; 50% Operating; 88.53% CMAQ Date of Department of Labor Certification!s) of Transit Emplovee Protective Arranaements: Oriainal Proiect Certification Date CA.9o..X793 April 7, 1997 CA-9o..X793-01 AUG 2 ~ 199r Proiect Description: See Approved Project Budget )/~/!5 'SEP 1 8 12f Obligation Dale APPROVAL DATE O~/18/97 APPROVED PROJECT BUDGBT GRANTEE; KKTROPOLITAH TRANSIT DBVBLOPMBHT BOARD SAN DIEGO, CALIFORNIA GRANT NO.; CA-90-r793-01 BtlDGET NO.: 02 FEDERAL AMOlJNT SCOPB 111-20 BUS - ROLLING QUANTITY ; STOCIC..................... .$ 11 ACTIVITY 11.12 . 01 PURCHASB REPIJl.'""""'Fr BUSBS QtDlNTITY; 9 11.12.11 SUPPORT VEHICLES QUANTITY: 2 11.12.40 ~ALYTIC REPAIR KITS 11.12.40 TRANSMISSION REBUILDS 11.12.40 ENGINE REBUILDS 11.12.40 CNG FUEL TANKS 11 . 12 .40 BUS SECURITY CAMERAS $ $ $ $ $ $ $ SCOPB 111-60 BUS - ROLLING STOCIC......................$ ACTIVITY 11.16.01 BUS LEASE PAYMENT (COPS) 11.16.07 S.V. SHDTTLB CAPITAL COSTS $ $ SCOPE 111-70 BUS - ROLLING STOCIC......................$ ACTIVITY 11.17.00 BUS OVERHADL $ SCOPE 113-40 BUS - S~TION/STOPS/TERMINALS............$ ACTIVITY 11.34.20 BUS STOP SIGNS AND IMPS. $ SCOPE 114-20 BUS SUPPORT EQOIP/FACILITIES.............$ ACTIVITY 11.42.05 KMD TANK' INSTALLATION 11.42.05 BUS WASHER 11.42.05 IAD TANK REK)VAL 11.42. C 6 MISCELLANIlOUS EQUIPMENT 11.42.06 OPACITY MgtBRS 11.42.08 SOFTWARE UPGRADES $ $ $ ~ $ $ J/ ~ / I 2,626,400 1,760,000 48,000 60,000 290,400 160,000 8,000 300,000 2,785,500 2,747,000 38,500 1,064,800 1,064,800 32,000 32,000 1,357,800 160,000 120,000 960,000 40,uull 10,800 67,000 PAGE 1 TOTAL A!DJNT $ 3,283,000 $ 2,200,000 $ 60,000 $ $ $ $ $ 75,000 363,000 200,000 10,000 375,000 $ 3,481,875 $ 3,433,750 $ 48,125 $ 1,331,000 $ 1,331,000 $ 40,000 $ 40,000 $ 1,697,250 $ $ $ $ $ $ 200,000 150,000 1,200,000 50,000 13,500 83,750 APPROV1IL DATE 09/18/97 APPROVED PROJECT BUDGET PAGE 2 GRANTEE: JlKTROPOLJ:TAN TRANSIT DEVBLOPKDIT BOARD SAN DIEGO, CALIFORNIA GRANT NO.: CA-90-r793-01 BUDGET NO.: 02 FEDERAL AMOUNT TOTAL ~ ~ 114-40 BUS SUPPORT EQUIP/FACILITIES.............$ 8U,000 $ 1,105,000 ACTJ:Vr1'Y 11.42.20 FACILITY $ 772,000 $ 965,000 11.".02 SIlMF BUJ:LDING PROJECTS $ 12,000 $ 15,000 11.".02 SIlMF ROOF REPAIR $ 100,000 $ 125,000 gQlI 116-20 BUS-SIGNAL & COMM EQUIPMENT..............$ 281,200 $ 351,500 At.."T.l.v.l."l"'f 11.62.01 SOOTH LINE GRADE XING CONTROLS $ 80,000 $ 100,00iO 11.62.03 SEC. DISPATOI RADIO CONSOLE $ 8,800 $ 11,0010 11.62.03 K>W RADIO CHANNEL $ 92,400 $ 115,50,0 11.62.20 SOTe TELE ATIS RETROFIT $ 100,000 $ 125,00'0 ~ 121-20 RAIL - RBVBNUE ROLLING STOCK.............$ 1,276,000 $ 1,595,0010 A1.;:I:.LYJ...~.:t 12.12.40 LRV TIRES $ 432,000 $ 5tO, 0010 12.12.40 LRV ARTICULATED BELLOWS $ 160,000 $ 200,0010 12.12.40 LRV COUPLER/DISCONNECT $ 560,000 $ 700,0010 12.12.40 LRV BATTERIES $ 124,000 $ 155,000 ~ 121-40 RAIL - RBVBNUE ROLLING STOCK.. . .... . . . ... $ 60,000 $ 75,000 Q1JANTITY: 2 ACTIVrTY 12.14.20 LRV REPAINT $ 60,000 $ 75,000 Q1JANTITY : 2 ~ 121-70 RAIL - RBVBNUE ROLLING STOCK.............$ 680,200 $ 850,250 ACTIVrTY 12.17.00 VEHICLE OVERHAUL $ 680,200 $ 850,250 ~ 122-20 RAIL - TRANSIT WAY/LINES... ..............$ 40,000 $ 50,000 ACTIVrTY 12.22.20 DOWN GUY ANCHOR REPLACEMENT $ 40,000 $ 50,000 / / ~ 20 APPROVAL DATE 09/18/97 APPROVIm PROJlI:CT BlltlGBT PAGE 3 GRANTEB : KKTROPOLITAH TRANSIT DBVBLOPJmHT BOARD SAN DIBGO, CALIFORNIA GRANT NO.: a-gO-X793-01 BODGBT NO.: 02 FBOERAL l\MOtJNT TOTAL ~ ~ 122-40 RAIL - TRANSIT WAY/LINBS.................$ 1,372,000 $ 1,715,000 ACTIVITY 12.24.03 RAIL/CURVE REHABILITATION $ 400,000 $ 500,000 12.24.03 SOOTH LINE CROSSOVERS $ 180,000 $ 225,000 12.24.03 DRAINAGB/EMBANK IMPS. $ 44,000 $ 55,000 12.24.03 SY DRAINAGB/RAIL REHAB. $ 280,000 $ 350,000 12.24.03 CURVE STRAIGHTENING $ 228,000 $ 285,000 12.24.03 VINE STREET GRADB XING. $ 240,000 $ 300,000 ~ 123-20 RAIL - STATION/STOPS TERMINALS...........$ 177,500 $ 221,875 ACTIVITY 12.32.07 LRT STATION SURVEILLANCB $ 89,500 $ 111,875 SYSTEM 12.32.10 STATION SHELTER REPLACE $ 88,000 $ 110,000 GQU 123-40 RAIL - STATION/STOPS TERMINALS...........$ 588,000 $ 735,000 AC::T.L Y.L "XX 12.34.02 LRT STATION/PARKING IMPS. $ 100,000 $ 125,000 12.34.06 UPGRADE TIllIS $ 464,000 $ 580,000 12.34.08 UPGRADB TROLLEY STATION SIGNS $ 24,000 $ 30,000 GQU 124-20 RAIL SUPPORT EQUIP/FACILITIBS............$ 1,332,000 $ 1,665,000 ACTIVYTY 12 .42.07 SOF'1'WARB AND HARDWARE $ 120,000 $ 150,000 12.42.09 LRV PASSENGBR INTERCOM $ 720,000 $ 900,000 12.42.20 CATBNARY OVERHEAD MEA SYS. $ 8,000 $ 10,000 12.42.20 WOOD CHIPPBR $ 28,000 $ 35,000 12.42.20 OFFICE BQUIPMENT $ 60,000 $ 75,000 12.42.20 MISCELLANEOUS OPBRATION $ 80,000 $ 100,000 CAPITAL 12.42.20 TVM BQUI~ BNHANCBMBNT $ 40,000 $ 50,000 12.42.20 LRV WHEELCHAIR LIFT RETROFIT $ 276,000 $ 345,000 ~ 125-40 RAIL BLBCTRIFCATION/POWBR DIST.... ...... ..$ ~ 380,000 $ 475,000 ACTIVYTY 12.54.03 SUBSTATION TRANSF. REBUILD $ 100,000 $ 125,000 12.54.20 SUBSTATION CAT. LBO SWITCHES $ 280,000 $ 350,000 //-CJ--! APPROVAL DATE 09/18/97 APPROVED PROJECT BUDGIT PAGE 4 GRANTEB : XBTROPOLITAN TRANSIT IlICWLOPKllNT BOAJlIl SAN IlIBGO, CALIFORNIA GRANT NO.: CA-90-X793-01 BllIlGBT NO.: 02 FBDBRAL J\MOlJNT TOTAL 1lI<<lllN1 SCOPS 137-50 NBW START-OTHER CAPITAL ITBMS............$ 2,762,136 $ 3,120,000 ACTIVITY 13.75.91 MISSION VALLEY EAST R/W $ 2,762,136 $ 3,120,000 (CMl\Q ) TOTAL CAPITAL........ _... _................... _..$ 17.699.536 $ 21.791.750 SCOPS 300-90 OPERATING ASSISTANCB.....................$ 7,688,431 $ 32,339,050 ACTIVITY 30.09.00 SDTC OPERATING ASSISTANCE FOR $ 2,370,096 $ 26,332,000 THE PERIOD 7/1/96 THRU 6/30/97 30.09.00 RAIL TRANSIT OPBRATIONS (CMl\Q ) $ 1,645,000 $ 1.858,000 30.09.00 SORRBN'I'O = SHU'l"l'LB $ 511,000 $ 577,000 OPBRATIONS ( CMlIQ) 30.09.00 RAIL TRANSIT OPERATIONS (CMl\Q ) $ 3,110,263 $ 3,513,231 FROM 7/1/96 THRD 6/30/98 30.09.00 SORRBN'I'O = SHU'l"l'LB $ 52,072 $ 58,819 OPBRATIONS ( CMlIQ) SCOPB 411-30 PLANNING-TECH CLASSIFICATIONS............$ ACTIVITY 41.13.01 1-15 CORRIDOR STUDY $ 136.000 $ 170,000 136,000 $ 170,000 25.523.967 $ 54.300.800' $ 54,300,800 $ 25,523.967 $ 28,776,833 TOTAL............................ _. _...........$ BSTIMATBD NiT PROJBCT COST FBDERAL SIIARB LOCAL SIIARB SOURCES OF PBDERAL PINANCIAL ASSISTANCB vmmDlG UZA: 060190 P'tlHIlING UZA NAIIB: SAN IlIBGO, CA ACCOUNTING PREVIOUSLY AKIlNDMBISIT CLASSIFICATION ~ P~SCRIPTION APPROVBD J\MOlJNT :mTA.!! 97.61.90.AZ.2 09 FY 1997, SBC 9K $ 0 $ 5,924,471 $ 5,924,471 MULTIPLE TYPBS 97.61.90.AZ.2 09 FY 1997, SBC 9K $ 2,156,000 $ 0 $ 2.156,000 MULTIPLE TYPBS 9" "1.90.91.1 00 FY 1997, SBC 9 $ 13,951,121 $ 0 $ 13,9~ ., CAPITAL Q 0.91.1 02 FY 1997, SBC 9 $ 136,000 $ 0 $ PLANNING ) 1- ,;L,}- APPROVAL DATE 09/18/97 APPROVKll PROJECT BUDGET PAGE 5 GRANTEE: KBTIlOPOLITAN TRANSIT DEVBLOPXDlT BOARD SAN DIEGO, CALIFORNIA GRANT NO.: 0.-90-%793-01 BUDGET NO.: 02 ACCOUNTING PRBVIOUSLY AMIlNIlMBNT CLASSIFICATION FPC DBSCRIPTION APPROVIlD AMOUNT ~ 97.21.90.51.1 04 FY 1997, SEC 9 $ 2,370,096 $ 0 $ 2,370,096 OPERATING 96.21.90.51.1 00 FY 1996, SEC 9 $ 986,279 $ 0 $ 986,279 CAPITAL SUB TOTAL: $ 19,599,496 $ 5,924,471 $ 25,523,967 //"02) U.S.DEPARTMENT OF TRANSPORTATION FEDERAL TRANSIT ADMINISTRATION SUPPLEMENTAL AGREEMENT (Attachment to FTA G-3, October I, 1996) The Federal Transit Administration is required by 49 u.s.c. 9 5307 to enter into a formal agreement with the Designated Recipient for projects the Designated Recipient does not carry out directly. The Grantee under this Grant Agreement is not the Designated Recipient. Therefore, the Designated Recipient, in accordance with 49 U.S.C. 9 5307, hereby agrees to permit the Grantee under this Grant Agreement to receive and dispense the Federal assistance funds described in this Grant Agreement. The Designated Recipient further agrees that the Grantee shall assume all responsibilities set forth in this Grant Agreement. The Federal Government and the Grantee under this Grant Agreement hereby agree that the Designated Recipient is not in any manner subject to or responsible for the terms and conditions of this Grant Agreement and is a party to this Grant Agreement only to assign the right to receive and dispense Federal funds to the Grantee as described above. SEP 1 8 1~1 Date q/l.f/'7 . 1\ orized Official Designated Recipient Date ~~.~ Authorized Official Grantee November 10, 1997 Date / /- ;Le(" EXECUTION OF GRANT AGREEMENT This Grant Agreement may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. After the FT A Authorized Official has signed this Grant Agreement, the Grantee should then execute this Grant Agreement. The Grantee, by executing this Grant Agreement, ratifies and adopts all statements, representations, warranties, covenants, and materials submitted by it; consents to the Federal Government's grant award; and agrees to all terms and conditions of this Grant Agreement. Executed this 10th day of November . 19 97 ATIESTj)/~~ Deborah Gunn Clerk of the Board By:~Q.~ Thomas F. Larwin General Manager San Diego Metropolitan Tr~ncit Develoument Board TTILEANDORG~ATION San Diego Metropolitan Transit Develooment Board TITLE AND ORGANIZATION /)--- J5 UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORT A nON FEDERAL TRANSIT ADMINISTRATION MASTER AGREEMENT For Transit Projects financed under Federal transit legislation codified at 49 U.S.c. ~~ 5301 tl sea.; under Title 23, U.S.C. (Highways); or under other provisions of the Intermodal Surface Transportation Efficiency Act of 1991, as amended ITA MA(3) October 1, 1996 J/~J-t Section i. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. Section 9. IV TABLE OF CONTENTS . Definitions........... ............... .............. ....................... ....................................... 1 Project Implementation... .................. ............ ..................................... ............. 3 a. Effective Date. .............. ............... .................. ..... ....................................... 3 b. General Requirements...... ..... ........... ... ......... .... ...... ........... .................... ..... 4 c. U.S. DOT Administrative Requirements..............................:...................... 4. d. Application of Federal, State, and Local Laws and Regulations.................. 4 e. Recipient's Primary Responsibility for Compliance With Federal Requirements..... .... ....... .... .... .......... .......... ... ..... ... ......... ........... ......... '" 5 f. Recipient's Responsibility to Extend Federal Requirements to Other Entities 6 g. No Federal Government Obligations to Third Parties.................................. 7 h. Changed Conditions of Performance (Including Litigation}......................... 7- Ethics.......... ........ ......................................................................................... 7 a. Code of Ethics................... ....................................................................... 7 b. Debarment and Suspension......................................................................... 8 c. Bonus or Commission................................................................................ 8 d. Lobbying Restrictions................................................................................ 8' e. Employee Political Activity........................................................................ 8 f. False or Fraudulent Statements or Claims................................................... 8 Federal Financial Assistance............ ..................... ........ ............... ................. ... 9 L "Net Project Cost" .....................................................................................9 b. Other Basis for FTA Participation.............................................................. 9 Local Share.......... .......... ............ ...... ............................ .............. ......... ............ 9 L Restrictions on the Source of Local Share.................................................. 9 b. Duty to Obtain the Local Share.................................................................. 10 c. Calculation of Local Share......................................................................... 10 d. Reduction of Local Share........................................................................... 10 Approved Project Budget................................................................................ 10 Accounting Records..... ............. ..... ............... ....... .... ............... ..... ........... ....... 10 L Project Accounts........................................................................................10 b. Funds Received or Made Available for the Project...................................... 10 c. Documentation of Project Costs and Program Income................................ II d. Checks, Orders, and Vouchers....................................................................11 Reporting, Record Retention, and Access....................................................... 11 a. Reports... ... ...... ........... ........ ....... .................. ...... .... ....... ........ ....... ............. II b. Record Retention...................................................................................... II c. Access to Records...................................................................................... II d. Project Closeout........................................................................................ II payments....... ..... ................ ........................ ............... ....... .......... ............... ..... 12 . a. Recipient's Request for Payment................................................................. 12 b. Payment by FTA........................................................................................ 12 c. Costs Reimbursed....... ........................................... ................. ..m......... ...... 14 ///;2.) TABLE OF CONTENTS (CONTINUED) Section 18. c. Federal Rights in Data and Copyrights........................................................22 d. Special Federal Rights for Planning, Research, and Development Projects.. 23 e.' Hold Harmless....... ........... ... ... ... .......... ..................... ... ...... ................ .........23 f Restrictions.on Access to Patent Rights...................................................... 23 g. Application to Materials Incorporated into the Project.......:........................ 23 Section 19. Real Property, Equipment, and Supplies......................................................... 23 a. Use of Property........ .................................................................... .............. 24 b. General Federal Requirements................................................................... 24 c. Maintenance.... .......................... ................ ................... ....... ...................... 24 d. Records..... ......................... ....... .................................. ...............................24 e. Encumbrance of Project Property.............................................................. 24 f. Transfer of Project Property...................................................................... 24 g. Disposition of Project Property.................................................................. 24 h. Misused or Damaged Property................................................................... 25 i. Obligations After Project Closeout............................................................. 25 Section 20. Insurance..... .................................. .................................. ..... .......................... 26 a. Insurance During Construction................................................................... 26 b. Flood Hazards........................................................................................... 27 Section 21. Project Management for Major Capital Projects.............................................. 27 Section 22 Civil Rights.....................................................................................................27 . a. Prohibitions Against Discrimination in Federal Programs........................... 27 b. Equal Employment Opportunity................................................................. 27 c. Disadvantaged Business Enterprise............................................................. 28 d. Access Requirements for Persons with Disabilities...................................... 28 Section 23. Employee Protections. ....................... ............................ ................. ......... ..... ...29 a. Construction Activities........................ ....................... ................................ 29 b. Activities Not Involving Construction......................................................... 30 c. State and Local Government Employees..................................................... 30 d. Transit Employee Protective Arrangements................................................ 30 Section 24. Planning and Private Enterprise....................................................................... 31 a.. FTA Requirements..................................................................................... 31 b: Infrastructure Investment........................................................................... 31 Section 25. Environmental Requirements........................................................................... 31 . a.. Environmental Protection........................................................................... 32 .' b. Air Quality.................................................................................................32 c. Clean Water...............................................................................................32. d. Use of Public Lands....................................................................................32. e. . Historic Preservation..................................................................................32 f. Mitigation of Adverse Environmental Effects.............................................. 33 Section 26. Energy Conservation................................. ..................................................... 33 Section 27. State Management and Monitoring Systems.................................................... 33 iii )/~;2.. ~ TABLE OF CONTENTS (CONTINUED) Section 38. d. Limitations on Accessing Federal Assistance in Transit Accounts............... 38 Section 39. Disputes, Breaches, Defaults, or Other Litigation............................................. 38 a. Notification to FT A ..................................................:................................ 38 b. Federal Interest in Recovery ...................................................................... 39 c. Enforcement... ........... .......................... ................... ....... ....:. .......... .............39 d. FT A Concurrence........ ......... .......... .......................... ........... ................. ......39 e. Alternative Dispute Resolution................................................................... 39 Section 40. Amendments to the Project............................................................................. 39 Section 41. Electronic Data Interchange Technology ........................................................ 39 Section 42. Severability.......... ............. ..... ........... ............................................... ... ........ .... 39 v //~21 UNITED STATES DEPARTMENT OF TRANSPORTATION FEDERAL TRANSIT ADMINISTRATION MASTER AGREEMENT This Master Agreement encompasses standard terms and conditions governing the administration of a Project supported with Federal financial assistance awarded by the Federal Transit Administration (FT A) through a Grant Agreement or Cooperative Agreement with the Recipient. This Master Agreement covers Federal financial assistance authorized by Federal transit laws codified at 49 U.S.C. SS 5301 et ~.; Title 23, United States Code (Highways); the Intermodal Surface Transportation Efficiency Act of 1991, as amended; or other Federal enabling laws administered by ITA. (Pub. L No. 103-272, July 5, 1994, codified the Federal Transit Act, as amended, as chapter 53 oftitle 49 of the United States Code, thus requiring new citations for Federal transit laws.) IT A and the Recipient understand and agree that not every requirement within this Master Agreement will apply to every Recipient or every Project for which IT A provides financial assistance through a Grant Agreement or Cooperative Agreement. The nature of the Project and the section of the statute authorizing financial assistance for the Project will determine which requirements of this Master Agreement apply. Any violation ofa requirement within this Master Agreement applicable to the Recipient or its Project may result in penalties to the violating party; requirements that do not apply will not be enforced. Thus, in consideration of the mutual covenants, promises, and representations herein, IT A and the Recipient agree as follows: Section 1. Definitions. a. Application means the signed and dated request for Federal financial assistance, including any amendment thereto, with all explanatory, supporting, and supplementary documents filed with and accepted or approved by the IT A by or on behalf of the Recipient. b. ADDroval. Authorization. Concurrence. Waiver means a conscious written statement (whether transmitted by paper or electronically) by an authorized official of the Federal Government granting permission to the Recipient to perform or omit an action required pursuant to the Grant Agreement or Cooperative Agreement, which action may not be performed or omitted without such permission. Unlf... clearly stated otherwise, an approval, authOl ization, concurrence, or waiver permitting the performance or omission of a specific action does not constitute permission to perform or omit other similar actions. Oral permission or interpretations have no legal force or effect. ..,:nJ... / / - 30 Master Agreement ITA MA(3), October I, 1996 Page 1 c. Aooroved Proiect Budl!et means the most recent statement, approved by the FT A. of the costs of the Project, the maximum amount of Federal assistance for which the Recipient is currently eligible, the specific tasks (including specifip~ <;ontingencies) covered, and the estimated cost of each task. d. Coooerative Agreement means the instrument by which FT A awards Federal assistance to a specific Recipient to support a particular Project. and in which FT A takes an active role or retains substantial control, in accordance with 31 U.S.c. 96305. The Cooperative Agreement consists of the FTA Award establishing the specific parameters of the Project, an Execution statement signed by the Recipient, and may include Special Conditions or Special Requirements; in addition, this Master Agreement is incorporated by reference and made part of the Cooperative Agreement. e. Federal Government means the United States of America and any executive department or agency thereof. f. Federal Transit Administration is the current designation for the former Urban Mass Transportation Administration. Any reference in any law, map, regulation, document, paper, or other record of the United States to the Urban Mass Transportation Administration shall be deemed a reference to the Federal Transit Administration. g. Federal Transit Administrator is the current designation for the former Urban Mass Transportation Administrator. Any reference in any law, map, regulation, document, paper, or other record of the United States to the Urban Mass Transportation Administrator shall be deemed a reference to the Federal Transit Administrator. h. EIA is the acronym for the Federal Transit Administration, one of the operating administrations of the U.S. Department of Transportation (U.S. DOT). FT A replaces the acronym UMT A. i. FT A Directive includes any FT A circular, notice, order, or guidance providing information about FT A's programs, application processing procedures, and Project management guidelines. In addition to FT A directives, certain U.S. DOT directives also apply to the Project. j. Grant Agreement means the instrument by which FT A awards Federal assistance to a specific Recipient to support a particular Project, and in which FT A does not take an active role or retain substantial control, in accordance with 31 U.S.C. 96304. The Grant Agreement consists of the FT A Award establishing the specific parameters of the Project, an Execution section signed by the Recipient, and may include Special Conditions or Special Requirements; in addition, this Master Agreement is incorporated by reference and made part of the Grant Agreement. k. Lo.;.;J Government includes a pui.lic transit authority as well as a county, muniC'llaiity, city, town, township, special district, council of governments (whether or not incorporated as a private nonprofit organization under state law), regional or interstate government entity, or any agency or instrumentality thereof. .JmO:l Master Agreement FTA MA(3). October 1. 1996 )/- 3/ Page 2 I. Proiect means the task or tasks, listed in the Approved Project Budget, and any modifications stated in the Conditions to the Grant Agreement or Cooperative Agreement applicable to the Project. For the formula assistance programs for urbanized areas,~Ior the elderly and persons with disabilities. and nonurbanized areas, 49 U.S.C. 99 5307, 5310, and 5311, respectively, the term "Project" encompasses both "Program" and "each Project within the Program," as the context may require, to effectuate the requirements of the Grant Agreement or Coop~rative Agreement. m. Recipient means any entity that receives Federal assistance directly from FT A to accomplish the Project. The term "Recipient" includes each FT A "Grantee" as weU as each FT A Recipient of a Cooperative Agreement. Except as FT A permits otherwise, the Recipient is the entire legal entity even though only a single organization within that entity is designated as the Recipient in the Grant Agreement or Cooperative Agreement. n. Secretary means the U.S. DOT Secretary, including his or her duly authorized designee. o. Subagreement means an agreement by which a Recipient awards financial assistance derived from IT A to the subrecipient as defined in Subsection I. p of this Master Agreement below. The term "subagreement" also includes the term "subgrant," but does not include "third party contract" or "third party subcontract." p. Subrecioient means any entity that receives Federal assistance awarded by an FT A Recipient, rather than FTA directly. The term "subrecipient" also includes the term "subgrantee," but does not include "third party contractor" or "third party subcontractor." q. Third PartY Contract means a contract or purchase order awarded by the Recipient or subrecipient to a vendor or contractor, financed in whole or in part with Federal assistance awarded by FT A. r. Third PartY Subcontract means a subcontract at any tier entered into by the third party contractor or third party subcontractor, financed in whole or in part with Federal assistance originally derived from FT A. s. Transit means transponation by a conveyance, either publicly or privately owned, that provides regular and continuing general or special public transportation to the public, but does not include school bus, charter, or sightseeing transponation. The term "transit" also includes "mass transportation" and .public transportation. " t. U.S. DOT is the acronym for the United States Department of Transportation, including its operating administrations. Section 2. Proiect Implementation. a. Effective Date. The effective date of the Grant Agreement or Cooperative Agreement is the Obligation Date on which the FT A's Authorized Official signs the FT A Awar "e Grant J! - 32 Page 3 Master Agr=nent ITA MA(3), October 1, 1996 Agreement or Cooperative Agreement. The effective date of any Amendment is the Obligation Date on which the FT A's Authorized Official signs the FT A Award for that Amendment. ~'.j. ,!. 0, b. General Reauirements. The Recipient agrees to maintain or acquire sufficient legal, financial, and technical capacity to undertake and complete the Project, and provide for the use of Project facilities and equipment, in accordance with the terms of the Grant Agreement or Cooperative Agreement, the Approved Project Budget, the Project schedules, the Recipient's annual certifications and assurances to ITA, and all applicable Federal laws, regulations, directives, and published policies. The "Project Description" in the FT A Award section of the Grant Agreement or Cooperative Agreement describes the Project or Projects to be funded by that Grant Agreement or Cooperative Agreement. The Federal law or laws authorizing Project approval identified in the FT A Award section of the Grant Agreement or Cooperative Agreement control Project implementation. c. U.S. DOT Administrative RecJuirements. The Recipient acknowledges that Federal administrative requirements differ for the various types of entities receiving Federal assistance as follows: (1) A state, local or Indian tribal government that is a Recipient agrees to comply with U.S. DOT regulations, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," 49 C.F.R. Part 18. (2) An institution of higher education or a nonprofit organization that is a Recipient agrees to comply with U.S. DOT regulations, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-profit Organizations," 49 C.F.R. Part 19. (3) A private for-profit organization that is a Recipient also agrees to comply with the "Unifonn Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-profit Organizations," 49 C.F.R. Part 19. d. Aoolication of Federal State. and Local Laws and RelZUlations. (1) Federal Laws and RelNlations. The Recipient acknowledges that FederaIlaws, regulations, policies, and related administrative practices applicable to the Project on the date the authorized FTA official signs the Grant Agreement or Cooperative Agreement may be modified from time to time. The Recipient agrees that the most recent of such Federal requirements will govern the administration of the Project at any particular time, except ifFTA issues a written determination otherwise. Such written determination might take the fonn of a Special Condition or Requirement with'n the Grant Agreement or Cooperative Agreement or a letter signed by the Federal Transit Administrator, the lariguage of which modifies or otherwise conditions the text of a particular provision of this Master Agreement. Specifically, new Federal laws, regulations, policies, and administrative practices may be promulgated after the date when the Recipient executes the Grant Agreement or Cooperative Agreement, and may, by their tenns, apply to that Grant Agreement or Cooperative Agreement. To achieve complianc ." changing Federal Master Agreement ITA MA(3), October I, 1996 //~ 33 Page 4 requirements, the Recipient agrees to include notice in each agreement with each subrecipient and with each third pany contractor under the Project that Federal requirements may change and the c~a;;ged requirements will apply to the project as required, unless the Federal Government detennines otherwise. All standards or limits within this Master Agreement to be observed in the performance of the Project are minimum requirements, unless modified by FTA. (2) State or Territorial Law and Local Law. Except to the extent that a Federal statute or regulation preempts state or territorial law, nothing in the Grant Agreement or Cooperative Agreement shall require the Recipient to observe or enforce comptiance with any provision thereof, perform any other act, or do any other thing in contravention of any state, territorial law or local law; therefore, if any of the provisions of the Grant Agreement or Cooperative Agreement violate any state, territorial, or local law, or if compliance with the provisions of the Grant Agreement or Cooperative Agreement would require the Recipient to violate any state, territorial, or local law, the Recipient agrees to notify ITA immediately in writing to pennit ITA and the Recipient to make appropriate and arrangements to proceed with the Project as quickly as possible. e. Recipient's Primary Responsibility for Compliance with Federal Requirements. Irrespective of participation of other parties in the Project, the Recipient continues to remain responsible to ITA for compliance with all Federal requirements imposed by Federal statute, regulations, executive orders, directives, published policies, this Master Agreement, and the Grant Agreement or Cooperative Agreement for the Project. (1) Sil!Ilificant Participation bv a Third Party Contractor. Although the Recipient may enter into a third pany contract in which the third pany contractor agrees to provide property or services in support of the project, or even carry out Project activities normally performed by the Recipient (such as in a turnkey contract), the Recipient continues to remain responsible to FT A for compliance. (2) Sil!Ilificant ParticiDation bv a Subrecipient. Although the Recipient may delegate any or almost all project responsibilities to one or more subrecipients, the Recipient continues to remain responsible to FT A for compliance. (3) ExceDtions. The Recipient, however, is relieved of compliance with Federal responsibilities in the following two circumstances: . (a) when a Designated Recipient of urbanized area formula funds authorized by 49 V.S.C. ~ 5307 that has entered into a supplemental agreement with IT A and a grantee covering the Project is not responsible to FT A for compliance with Federal project management requirements. or ' (b) when the Federal Government, through appropriate official action, relieves the Recipient of a portion of or all responsibility to the Federal Govemment. Master Agreement FT A MA(3), October I, 1996 )/~3i Page 5 f. Recioient's Resoonsibilitv to Extend Federal Reauirements to Other Entities. (1) Entities Affected. Only signatories to the Grant Agreement or Cooperative Agreement for the Project are parties to that agreement. To achieve compliance with certain Federal laws. regulations, or directives, however. other entities participating in the Project. such as subrecipients and third party contractors will necessarily be affected. Accordingly. the Recipient agrees to take appropriate measures necessary to ensure compliance by all entities participating in the Project with those Federal requirements applicable to their performance. (2) Documents Affected. The extent to which a specific Federal requirement affects entities participating in the Project is determined by the provisions of the Federal statutes, regulations, and directives establishing that Federal requirement, as well as the requirements of 49 C.F.R. Part 18 or 49 C.F.R. Part 19. Accordingly, the Recipient agrees to include provisions adequate to ensure compliance of participating entities with Federal requirements, and to require its third party contractors and subrecipients to include in each lower tier subcontract and subagreement financed in whole or in part with financial assistance provided by IT A under the Grant Agreement or Cooperative Agreement provisions adequate to impose applicable Federal requirements. Below are additional requirements (a) Third Party Contracts. Because Project activities performed by a third party contractor must be carried out in accordance with Federal requirements, the Recipient agrees to include appropriate clauses in each third party contract stating the third party contractor's responsibilities under Federal law, regulation, or directive, including any necessary provisions requiring the third party contractor to extend applicable requirements to its subcontractors to the lowest tier necessary. When the third party contract requires the third party contractor to undertake primary responsibilities for the Project usually performed by the Recipient directly, the requirements applicable to the Recipient imposed by this Master Agreement and the Grant Agreement or Cooperative Agreement for the Project must be included in that third party contract and extended throughout each tier to the extent appropriate. Additional guidance pertaining to third party contracting is contained in the FT A Best Practices Procurement Manual. Be aware, . however, that the FT A Best Practices Procurement Manual focuses mainly on the procurement process and may omit certain Federal requirements applicable to the work to be performed. (b) Subal!reements. Because Project activities performed by a subrecipient must be . carried out in accordance with Federal requirements, the Recipient agrees to include appropriate clauses in each subagreement stating the subrecipient's responsibilities under Federal law, regulation, or directive, including any necessary provisions requiring the subrecipient to impose applicable Federal requirements on entities to the lowest tier necessary. When the subagreement requires the subrecipient to undertake primary responsibilities for the Project usually performed by the Recipient directly, the requirements applicable to the Recipient imposed by this Master Agreement and the Grant Agreement or Cooperative AgreemellL for the Project must be inClUded in that subagreement and extended throughout each tier to the extent appropriate. //~J~ Pige 6 Master Agrccmcnt ITA MA(3), October I, 1996 g. No Federal Government Obligations to Third Parties. The Recipient agrees that, absent the Federal Government's express written consent, the Federal Government shall not be subject to any obligations or liabilities to ani' .ubrecipient, any third party contractor, or any other person not a party to the Grant Agreement or Cooperative Agreement in connection with the performance of the Project. Notwithstanding any concurrence provided by the Federal Government in or approval of any solicitation, subagreement, or third party contract, the Federal Government continues to have no obligations or liabilities to any party, including the sub~ecipient and third party contractor. h. Changed Conditions of Performance (Including Litil1:ation). The Recipient agrees to notify FT A immediately of any change in local law, conditions (such as its legal, financial, or technical capacity), or any other event that may significantly affect the Recipient's ability to perform the Project in accordance with the terms of the Grant Agreement or Cooperative Agreement. In addition, the Recipient agrees to notify FT A immediately of any decision pertaining to the Recipient's conduct of litigation that may affect the Federal Government's interests in the Project or the Federal Government's administration or enforcement of Federal laws or regulations. Before the Recipient may name the Federal Government as a party to litigation for any reason, in any forum, the Recipient agrees to inform FT A. Section 3. ~. a. Code of Ethics. The Recipient agrees to maintain a written code or standards of conduct that shall govern the performance ofits officers, employees, board members, or agents engaged in the award and administration of third party contracts or subagreements supported by Federal assistance. The code or standards shall provide that the Recipient's officers, employees, board members, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from any present or potential contractor or subrecipient. The Recipient may set minimum rules where the financial interest is not substantial, or the gift is an unsolicited item of nominal intrinsic value. As permitted by state or local law or regulations, the code or standards shall include penalties, sanctions, or other disciplinary actions for violations by the Recipient's offiCers, employees, board members, or their agents, or by contractors or subrecipients or their agents. (1) Personal Conflicts ofInterest. The Recipient's code or standards of conduct shall prohibit the Recipient's employees, officers, board members, or agents from participating in the . selection, award, or administration of a third party contract or subagreement supported by Federal funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when any of the following parties has a financial or other interest in the entity selected for award: (a) an employee, officer, board member, or agent; (b) any member of his or her immediate family; ( c) his or her poirtner; or (d) an organization that employs, 01 intends to employ, any of the above. (2) Onzanizational Conflicts ofInterest. The Recipient's code or standards of conduct must include procedures for ide~g 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 or sub agreement may, without somf ,. .;ctions . ".;a.. Master Ag=ment FTA MA(3), October I, 1996 J/- 3J;. t'age7 on future activities, result in an unfair competitive advantage to the third party contractor or subrecipient or impair its objectivity in perfonning the contract work. b. Debarment and Suspension. The Recipient agrees to comply with the requirements of Executive Orders Nos. 12549 and 12689, "Debarment and Suspension," 31 V.S.C. S 6101 note, and V.S. DOT regulations on Debarment and Suspension at 49 C.F.R. Part 29. c. Bonus or Commission. The Recipient affirms that it has not paid, and agrees not to pay, any bonus or commission to obtain approval ofits Federal assistance application for the Project. d. Lobbvine Restrictions. The Recipient agrees to: (I) Refrain from using Federal assistance funds to support lobbying, and (2) Comply with applicable requirements of 31 V.S.C. 9 1352 and V.S. DOT regulations, "New Restrictions on Lobbying," 49 C.F.R. Part 20, modified as necessary by section IO(b) of the Lobbying Disclosure Act of 1995 (which amends 31 V.S.C. 9 1352). e. Emolovee Political Activitv. To the extent applicable,S U.S.C. 99 1501 through 1508 (Hatch Act) and Office of Personnel Management regulations, "Political Activity of State or Local Officers or Employees," 5 C.F.R. Part 151, apply to state and local agencies and their officers and employees. The Hatch Act restricts the political activity of an individual principally employed by a state or local executive agency in connection with a program financed in whole or in part by a Federal loan, grant, or Cooperative agreement. However, the Hatch Act does not apply to a nonsupervisory employee ofa transit system (or of any other agency or entity performing related functions) receiving FT A assistance to whom the Hatch Act does not otherwise apply. f. False or Fraudulent Statements and Claims. The Recipient acknowledges and agrees as follows: (I) The Recipient acknowledges that the requirements of the Program Fraud Civil Remedies Act of 1986, as amended, 31 V.S.C. 99 3801 ~Gll. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to the Project. Accordingly, by signing the Grant Agreement or Cooperative Agreement, the Recipient certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, or it may make pertaining to the covered by the Grant Agreement or Cooperative Agreement. In addition to other penalties that may be applicable, the Recipient also acknowledges that if it makes a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986, as amended, on the Recipient to the extent the Federal Government deems appropriate. (2) The Recipient also acknowledges that if it makes a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government in connection with an urbanized area formula project financed with Federal'~!\~~!Ulce authorized by 49 V.S.C. & 5307, the //-37 Page 8 Master Agreement FTA MA(3), October 1, 19% ., . ~ Government reselVes the right to impose on the Recipient the penalties of 18 U.S.C. S 1001 and 49 U.S.C. S 5307(n)(I), to the extent the Federal Government deems appropriate. Section 4. Federal Financial Assistance. The Recipient acknowledges and agrees that ITA will provide Federal financial assistance for the Project equal to the smallest of the following amounts: (a) the maximum amount permitted by Federal law and regulations, (b) the amount designated in the Grant Agreement or Cooperative Agreement as "Maximum Federal Funds Approved," or (c) the amount calculated in accordance with the "Maximum Percentage(s) of Federal Participation," included in the Grant Agreement or Cooperative Agreement. IT A's obligation to make Federal assistance payments is limited to the amounts included in the Approved Project Budget. The amount forming the basis upon which IT A determines the "Maximum Federal Funds Approved" is identified as "Estimated Project Cost" and is included in the Grant Agreement and the Cooperative Agreement. a. "Net Proiect Cost". For any Project required by ITA or Federailaw to be financed on the basis of its "Net Project Cost" as defined by 49 U.S.C. S 5302(a)(8), IT A intends to assist the Recipient in financing that portion of the Project that cannot reasonably be financed from the Recipient's revenues, i.e., "Net Project Cost" of the Project. Accordingly, the amount listed as "Estimated Project Cost" in the Grant Agreement or Cooperative Agreement and "Project Cost" within IT A's electronic grant making system will be the Net Project Cost. b. Other Basis for IT A Particioation. For any project not required by IT A or Federal law to be financed on the basis of its "Net Project Cost" as defined by 49 U.S.C. S 5302(a)(8), ITA intends to assist the Recipient in financing all or part of the cost of the Project. Accordingly, the amount listed as "Estimated Project Cost" in the Grant Agreement or Cooperative Agreement or "Project Cost" within ITA's electronic grant making system will be the Cost of the Project or part of the Project on which ITA calculates the amount of Federal assistance to award. Section 5. Local Share. lfIT A requires the Recipient to provide a local share for the Project financed under the Grant Agreement or Cooperative Agreement, the Recipient agrees as follows: a. Restrictions on the Source of Local Share. Except as permitted otherwise by F ederailaw, the Recipient agrees to provide sufficient funds or approved in-kind resources that, together with the Federal financial assistance awarded, will assure payment of the actual cost of each project covered by the Grant Agreement or Cooperative Agreement. The Recipient agrees that no funds provided will be derived from receipts from using the Project facilities or equipment; revenues of the transit system in which such facilities or equipment are used; or other Federal funds. ti ~~ . //- .J~ . .=9 Master Agreement fT A MA(3), October I, 1996 b. Duty to Obtain Local Share. Except as otherwise approved by FT A. the Recipient agrees to complete all proceedings necessary to provide the local share of the Project costs at or before the time those funds are needed to meet Project expenses. ..' -." c. Calculation of Local Share. The Recipient agrees that the local share will be calculated on a project-by-project basis for each project covered by the Grant Agreement or Cooperative Agreement. d. Reduction of Local Share. The Recipient further agrees that a refund or reduction of the local share may be made only if a refund ofa proportional amount of the Federal financial assistance is made to the Federal Government at the same time, unless the Federal Government expressly approves otherwise in writing. Section 6. Approved Proiect Budl;!et. The Recipient agrees to prepare project budget which, upon approval by FT A. is referred to as the Approved Project Budget. Any amendment awarding additional Federal financial assistance requires a new Approved Project Budget. The Approved Project Budget may also be revised as pennitted by and in conformance with applicable Federal requirements. An amendment to the Approved Project Budget shall require the issuance of a formal amendment to the Grant Agreement or Cooperative Agreement, except that are-allocation of funds among budget items or fiscal years that does not increase the total amount of the Federal financial assistance awarded may be made in accordance with applicable Federal circulars and regulations. The Recipient agrees to incur obligations and make disbursements of Project funds only as authorized in the latest Approved Project Budget. The latest Approved Project Budget is incorporated herein by reference and made part the Grant Agreement or Cooperative Agreement for the Project. Section 7. Accountimz Records. a. Proiect Accounts. The Recipient agrees to establish and maintain for the Project either a separate set ofaccounts, or separate accounts within the framework of an established accounting . system that can be identified with the Project, in accordance with 49 e.ER. ~ 18.20 or 49 C.F.R. ~ 19.21, whichever is applicable. The Recipient agrees that all checks, payroUs, invoices, contracts, vouchers, orders, or other accounting documents related in whole or in part to the Project shall be clearly identified, readily accessible and available to FT A upon its request, and, to the extent feasible, kept separate from documents not related to the Project. b. Funds Received or Made Available for the Proiect. The Recipient agrees to record in the Project Account, and deposit m a financial institution, all Project payments it receives from the Federal Government pursuant to the 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 provisions of.49fC.F.R. 918.21 or 49 C.F.R. 9 19.22. The Recipient is encouraged to use financial institutions owned at least 50 percent by minority g ':1embers. Master Agreement FT A MA(3). October I, 1996 /!~ .J 1 Page 10 c. Documentation ofProiect Costs and Program Income. All costs charged to the Project, including any approved services contributed by the Recipient or others, shall be supponed by ,. . - properly executed payrolls, time records, invoices, contracts, or vouchers describing in 'Otiail the nature and propriety of the charges. The Recipient also agrees to maintain accurate records of all program income derived from implementation of the Project; this requirement, however, does not apply to certain Recipient income determined by FT A to be exempt from the,general program income requirements. d. Checks. Orders. and Vouchers. The Recipient agrees to refrain from drawing checks or orders for goods or services to be charged against the Project Account until it has on file in its office a properly signed voucher describing in proper detail the purpose of the expenditure. Section 8. Reoonim!. Record Retention. and Access. a. Reoorts. The Recipient agrees as follows: . (I) General Reauirements. The Recipient agrees to provide to FT A those repons required by U.S. DOTs administrative rules for grants and cooperative agreements and any other repons the Federal Government may require. (2) Format Reauirements. All repons and other documents or information intended for public availability developed under the Project and required to be submitted to FT A must be prepared and submitted in the format or formats FT A specifies. b. Record Retention. The Recipient agrees that, during the course of the Project and for three years thereafter, it will maintain intact and readily accessible all data, documents, repons, records, contracts, and supponing materials relating to the Project as the Federal Government may require for the Project. c. Access to Records. Upon request, the Recipient agrees to permit and require its Subrecipients to permit the Secretary 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 to audit the books, records, and accounts of the Recipient and its contractors pertaining to the Project. In accordance with 49 U.S.C. ~ 5325(a), the Recipient agrees to require each third party contractor whose contract award is not based on competitive bidding procedures as defined by the Secretary of Transportation to permit the Secretary of Transponation 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 involviug that third party contract as it affects the Project. d. Proiect Closeout. Project closeout does not alter these reponing and record retention requirements. )j- yIJ . P~'. Jaster Agreement ITA MA(3), October 1, 1996 Section 9. Pavrnents. The Recijjic..t agrees that it will not seek payment from FT A for Project costs until it has first executed the Grant Agreement or Cooperative Agreement providing Federal assistance for the Project. a. Recioient's Reouest for Pavrnent. FT A will respond to the Recipient's request for the Federal share payment of its allowable costs in accordance with the procedures described in this Section. To receive a Federal assistance payment, the Recipient must: ( I) Have demonstrated or certified that it will provide adequate local funds, when combined with Federal payments, to cover all costs to be incurred for the Project. Unless the Federal Government has expressly permitted the Recipient to defer provision of the local share, a Recipient required by Federal statute or the Grant Agreement or Cooperative Agreement to provide a local share agrees to refrain from: (a) Requesting or obtaining Federal funds exceeding the amount justified by the local share previously provided, and (b) Taking any action that would cause the proportion of Federal funds made available to the Project at any time to exceed the percentage authorized by the Grant Agreement or Cooperative Agreement; (2) Have submitted to FT A all financial and progress reports required to date by this Master Agreement; and (3) Have identified the source(s) of financial assistance provided for the Project from which the payment is to be derived. b. Pavrnent bv FT A. The Recipient understands and agrees that FT A will make all payments by the Automated Clearing House (ACH) method of payment, regardless of the amount involved. (1) Electronic Clearinl! House Operation Pavrnents. lfpayment is made through the Electronic Clearinghouse Operation (ECHO) by means of an ECHO Control Number, the Recipient agrees to comply with FT A's ECHO requirements established pursuant to U.S. Department of the Treasury Circular 1075, Part 205, "Wrthdrawal of Cash from the Treasury for Advances Under Federal Grants and Other Programs,. the "Guidelines for Disbursements" included in the ECHO System Operations Manual used for FT A projects, and the requirements of this Subsection 9.b(I). The Recipient also agrees that if it fails to comply with the following requirements of this Subsection 9.b(I), the Federal Government may revoke the unexpended portion of Federal assistance awarded for the Project. (a) The Recipient may draw down cash only when actually needed for immediate disbursement required for Project purposes. Unless provided otherwise by Federal law or regulation, the Recipient agrees to expend all Federal funds obtained under the Proje . Project Master AgreemeDl ITA MA(J), October I, 1996 //~Lj/ Page 12 purposes no later than three (3) days after it receives those funds. If the Recipient fails to expend those Federal assistance funds within three (3) days of their receipt or return the funds to FT A within a reasonable pe:1~d, or fails to establish procedures to minimize the time elapsing between cash advances and the disbursement. the F ederaJ Goverrunent may revoke or temporarily suspend the Recipient's ECHO Control Number and the Recipient's access to the ECHO System. In addition to revocation or suspension of the Recipient's ECHO Control Number, a Recipient's failure to adhere to these requirements may result in other remedies or penalties authorized by Federal law or regulation. (b) The Recipient agrees to report its cash disbursements and balances in a timely manner in compliance with Federal requirements. (c) The Recipient agrees to provide for control and accountability for all project funds consistent with Federal requirements and procedures for use of the ECHO system. (d) The Recipient may not draw down funds for a project in an amount exceeding the sum obligated by the Federal Government or the current available balance for that Project. (e) The Recipient agrees to draw down funds only for eligible Project costs. (f) The Recipient agrees to refrain from drawing down Federal assistance funds before needed for disbursement. (g) The Recipient agrees to notify the appropriate Regional or Program Office when a single draw down will exceed S50 million, (h) The Recipient agrees to remit interest to the Federal Government on any Federal. assistance prematurely drawn down, irrespective of whether that Federal assistance has been deposited in an interest-bearing account. The Recipient agrees that a debt for any premature draw down of Federal assistance funds does not qualify as a "claim" covered by the Debt Collection Act of 1982, as amended, 31 V.S.C. ~~ 3701 through 3720, and that the interest provisions of this Subsection 9 .b( 1 )(h) of this Master Agreement, rather than the interest provisions of the Debt Collection Act of 1982, as amended, will determine the amount of interest due on any debt for Federal assistance prematurely drawn down. The Recipient agrees that the amount of interest due depends on whether or not the Recipient is a state or state instrumentality. 1. A Recipient that is also a state or state instrumentality agrees to remit interest to the Federal Government calculated as required by U.S. Department of Treasury regulations, "Rules and Procedures for Funds Transfers," 31 C.F.R. Part 205, which implements section 5(b) of the C;.;;h Management Improvement Act of 1990,:.s amended, 31 V.S.C. ~ 6503~bj. Thus, a Recipient that also is a state or a state instrumentality agrees that interest on any debt it may incur for Federal assistance prematurely drawn down does not qualify for the interest exemption of the Debt Collection Act ofl982, as amended,. 31 U.S.C. ~~ 3701 and 3717. .1....~.o1.. ) J~ 1:2- Pigel. o( Agreement ITA MA(3), October I, 19% ~. A Recipient that is not a state or state instrumentality agrees to remit prejudgment interest on the debt for any premature draw down of Federal assistance, to the extent permitted under common law, consis:::;;t with U.S. General Accounting Office (U.S. GAO)-- U.S. Department of Justice (U.S. D01) regulations permitting interest on debts at 4 C.F.R. Part 102, currently 4 C.F.R. ~ 102.13(i)(2). Accordingly, a Recipient that also is either a local government or an instrumentality of a local government agrees that interest on any debt it may incur for Federal assistance prematurely drawn down does not qualify for the interest exemption for units of general local government within the Debt Collection Act of 1982, as amended, 31 U.S.C. ~~ 3701 and3717. (2) Requisition. If the requisition method of payment is used, the Recipient understands and agrees as follows: (a) Recipient Resoonsibilities. The Recipient agrees to: 1. Complete and submit the "Payment Infonnation Fonn - ECHO-ACH Payment System," Revised 10/92, to FTA's Accounting Division. ~. Complete and submit Standard Fonn 270, "Request for Advance or Reimbursement," to the designated FT A office. (b) FTA Resoonsibilities. Upon receipt ofa payment request and adequate accompanying infonnation, FT A will authorize payment by direct deposit, provided the Recipient is in compliance with the obligations of the Grant Agreement or Cooperative Agreement, has satisfied the FT A that it needs the requested Federal funds during the requisition period, and is making adequate and timely progress toward Project completion. When all these conditions !Ife met, the Government may reimburse the Recipient's apparent allowable costs incurred (or to be incurred during the requisition period) up to the maximum amount of Federal funds payable through the Federal fiscal year of that requisition, as included in the Approved Project Budget. c. Costs Reimbursed. The Recipient understands and agrees that Project costs eligible for Federal participation must comply with all the following requirements: (I) Conform with the Project Description, the Approved Project Budget, and all other terms of the Grant Agreement or Cooperative Agreement; (2) Are necessary in order to accomplish the Project; (3) Are reasonable for the goods or services purchased; t4) Are actual Dci costs to the Recipient (i.e.. the price paid minus any refunds, rebates, or other items of value received by the Recipient that have the effect of reducing the cost actually incurred, excluding program income); C"'".,~.. ))-~v ..' ._14 Master Agreement ITA MA(3), October 1. 19% (5) Are incurred for work performed after the date of the Grant Agreement or Cooperative Agreement, unless specific authorization from the Federal Government to the contrary is received; (6) Are satisfactorily documented; (7) Are treated consistently in accordance with accounting principles ard procedures approved by the Federal Government for the Recipient, and with accounting principles and procedures approved by the Recipient for its contractors; (8) Are eligible under Federal law, regulation, or guidelines for Federal participation; and (9) Unless permitted otherwise by Federal statute or regulation, conform with provisions of the applicable OMB Circular or Federal regulation listed below: (a) For a Recipient that is a state, local, or Indian tribal government, the standards of OMB Circular A-87, Revised, "Cost Principles for State and Local Governments," apply; (b) For a Recipient that is an institution of higher education, the standards of OMS Circular A-21, Revised, "Cost Principles for Educational Institutions," apply; (c) For a Recipient that is a private nonprofit organization, the standards of OMS Circular A-I22, Revised, "Cost Principles for Non-Profit Organizations." apply; (d) For a Recipient that is a for-profit organization, the standards of the Federal Acquisition Regulation, 48 C.F.R. Chapter L Subpart 31.2, "Contracts with Commercial Organizations" apply. d. Bond Interest and Other Financimz Costs. To the extent permitted in writing by FTA, bond interest and other financing costs are allowable. e. Excluded Costs. The Recipient understands and agrees as follows: (I) In determining the amount of Federal assistance FTA will provide, FTA will exclude: (a) Any Project costs incurred by the Recipient before the Obligation Date of the Grant Agreement or Cooperative Agreement or Amendment thereto, unless otherwise permitted by Federal law or regulation, or unless an authorized FT A official states in writing to the contrary; (b) Any costs incurred by the Recipient that are not included in the latest Approved Project Budget; (c) Any costs for goods or services received under a third party contract or other arrangement required to be, but has not been, concurred in or approved in writing by the Federal Government; and J/~{i Page 15 Mas eement FI' A MA(3), October I, 1996 (d) Any costs ineligible for ITA panicipation as required by Federal law, regulation, or guidelines for Federal participation. (2) The Recipient agrees that reimbursement of any cost made by the Government does not constitute a final decision of the Federal Government about the whether that cost is eligible for reimbursement and does not constitute a waiver of any violation by the Recipient of the terms of the Grant Agreement or Cooperative Agreement. The Recipient acknowledges that the Federal Government will not make a final determination about the eligibility of any cost until an audit of the Project has been completed. If the Federal Government determines that the Recipient is not entitled to receive any part of the Federal funds requested, the Federal Government will notify the Recipient stating its reasons. Project closeout will not alter the Recipient's obligation to return any funds due to the Federal Government as a result oflater refunds, corrections, or other transactions. Nor will Project closeout alter the Federal Government's right to disallow costs and recover funds on the basis of a later audit or other review. Unless prohibited by law, the Federal Government may recoup any Federal assistance funds to be made available for the Project as needed to satisfy any outstanding monetary claims that the Federal Government may have against the Recipient. Exceptions pertaining to disallowed costs are contained in FT A directives or in other written Federal guidance. ( Federal Claims. Excess PaYments, and Disallowed Costs (Includinl! Interest). (1) Recipient's Obli;ration to Pav. Upon notice by the Federal Government to the Recipient of specific amounts due, the Recipient agrees to remit to the Federal Government promptly any amounts due for Federal claims based on funds the Recipient has recovered from third panies or elsewhere, excess payments, or disallowed costs, including any interest due. (2) Amount ofInterest Due. The Recipient agrees that the amount of interest due depends on whether the Federal Government treats the principal portion of the debt as a Federal claim or a debt owed to the Federal Government. Thus, Recipient agrees to pay interest calculated as follows: (a) Federal Claims al!ainst the Recipient. The Debt Collection Act of 1982, as amended, 31 U.S.c. 993701 through 3720, exempts state governments and units of general local government from the obligation to pay interest on claims pursued by the Federal Government under that Act, 31 U.S.C. 993701 and 3717. Interest on claims against other parties will be calculated in accordance with the interest provisions of U.S. GAO-U.S 001 regulations, "Federal Claims Collection Standards," at 4 C.F.R. Part 102, currently 4 C.F.R. 9 102.13. (b) Excess PaYments. The Recipient agrees that a debt for any excess payment does not qualify as a "claim" covered by the Debt Collection Act of 1982, as amended, 31 U.S.C. 993701 throu PI 3720, and that the interest exemption for state governments and units of general local government providt:ti by that Act will not apply to interest on the debt for excess payments. Accordingly, a Recipient that also is a state government or a unit of general local government agrees that interest on any debt for excess payments does not qualify for the interest exemption provided to state and local governments by 31 U.S.C. 993701 and 1717. Thus, irrespective of whether the Recipient is a state government, a unit of generalloc ,.-~" .stcr Agn:ement ITA MA(3). October I, 1996 //~t5 " ..,' Pag, government, a nonprofit organization, an institution of higher education, an individual, or any other pany, the Recipient agrees to pay prejudgment interest and related charges for excess payments made by the Federal Government, to the extent authorized under common law, consistent with provisions permitting interest on debts at 4 C.f.R. Part 102, currently at 4 C.F.R. 9 102.l3(i)(2). (c) Disallowed Costs. The Recipient agrees that a debt for any disallowed cost does not qualify as a "claim" covered by the Debt Collection Act of 1982, as amended, 31 U.S.C. 993701 through 3720, and that the interest exemption for state governments and units of general local government provided by that Act will not apply to interest on the debt for the disallowed cost. Accordingly, a Recipient that also is a state government or a unit of general local government agrees that interest on any debt for a disallowed cost does not qualify for the interest exemption provided to state and local governments by 31 U.S.C. 993701 and 3717. Thus, irrespective of whether the Recipient is a state government, a unit of general local government, a nonprofit organization, an institution of higher education, an individual, or any other pany, the Recipient agrees to pay prejudgment interest and related charges for debts for each disallowed cost paid by the Federal Government, to the extent authorized under common law, consistent with provisions permitting interest on debts at 4 C.F.R Part 102, currently at 4 C.F.R. 9I02.l3(i)(2). g. De-oblilZation of Funds. The Federal Government reserves the right to de-obligate unexpended Federal funds before Project closeout. Section 10. Proiect Comoletion. Audit. Settlement. and Closeout. a. Proiect Completion. Within ninety (90) days of the Project completion date or termination by the Federal Government, the Recipient agrees to submit a final Financial Status Report (Standard Form 269), a certification or summary of Project expenses, and third pany audit reports, as applicable. b. Non-Federal Audits. The Recipient acknowledges and agrees as follows: (1) Audit Reauired. Each state, local, or Indian tribal government that is a Recipient agrees to undertake the audits required by 49 C.F.R 918.26 and OMB Circular A-128, "Audits of State and Local Governments, " or any revision or supplement thereto. Each institution of higher education, a private nonprofit organization, or a private for-profit organization that is a Recipient agrees to undertake the audits required by 49 C.F.R 919.26 and OMB Circular A-l33, "Audits ofInstitutions of Higher Education and Other Non-Profit Institutions," and any further revision or supplement thereto. The Federal Government may waive the OMrl Circular A-128 audit requirement or substitute a requirement for a project audit performed in accordance with the U.S. Comptroller General's standards. In addition, the Recipient agrees to obtain any other audits required by the Federal Government. Project closeout will not alter the Recipient's audit responsibilities. ))_ ij/' Page 17 Master . .eat ITA MA(3), October I, 1996 (2) Audit Costs. Audit costs for Project administration and management are allowable Project costs to the extent authorized by OMB Circular A-87, Revised; OMB Circular A-21, RC'.~~;:d; or OMB Circular A-122, Revised. c. Funds Due the Federal Government. The Recipient agrees to remit any amounts due the Federal Government to the Recipient has recovered from third parties, excess payments, or disallowed costs, or from other sources including interest required by Subsection 9 .f(2)(b) of this Master Agreement. d. Proiect Closeout. Project closeout occurs when the ITA notifies the Recipient the Project is closed out, and either forwards tlie final Federal assistance payment or acknowledges that the Recipient has remitted the proper refund. The Recipient agrees that Project closeout does not invalidate any continuing obligations imposed on the Recipient by the Grant Agreement or Cooperative Agreement or by the Federal Government's final notification or acknowledgment. Section II. Ri2ht of the Federal Government to Terminate. Upon written notice, the Recipient agrees that the Federal Government may suspend or tenninate all or part of the Federal financial assistance provided herein if the Recipient has violated the terms of the Grant Agreement or Cooperative Agreement, or if the Federal Government determines that the purposes of the statute under which the Project is authorized would not be adequately served by continuation of Federal financial assistance for the Project. Any failure to make reasonable progress on the Project or other violation of the Grant Agreement or Cooperative Agreement that endangers substantial performance of the Project shall provide sufficient grounds for the Federal Government to tenninate the Grant Agreement or Cooperative Agreement. Termination of any Federal financial assistance for the Project will not invalidate obligations properly incurred by the Recipient before the termination date, to the extent those obligations cannot be canceled. However, if the Federal Government determines that the Recipient has willfully misused Federal assistance funds by failing to make adequate progress, failing to make reasonable and appropriate use of the Project real property, facilities, or equipment, or failing to adhere to the terms of the Grant Agreement or Cooperative Agreement, the Federal Government reserves the right to require the Recipient to refund the entire amount of Federal funds provided for the Project or any lesser amount as the Federal Government may determine. Expiration of any Project Ttme Period established for the Project does not, by itself: constitute an expiration or termination of the Grant Agreement or Cooperative Agreement. Section 12. Preference for United States Products and Services. To the extent applicable, the Recipient agrees to comply with the following U.S. preferences: a. Buv America. The Recipient agrees to comply with 49 U.S.C. 953230), ITA's Buy America regulations at 49 C.F.R. Part 661, and any implementing guidance IT A may issue. ,. //-17 \t~..:..!.;.. Page H. 'CO.""- Agreement ITA MA(3), October I, 1996 b. Canto Preference--Use of United States-Flal! Vessels. The Recipient agrees to comply with U.S. Maritime Administration regulations, "Cargo Preference--U.S.-Flag Vessels," 46 C.F.R. Part 381, to th(; eAtent those regulations apply to the Project. c. Flv America. The Recipient 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 carriers to the extent service by these carriers is available, as required by the International Air Transportation Fair Competitive Practices Act of 1974, as amended, 49 U.S.C. 940118, in accordance with U.S. GAO regulations, "Uniform Standards and Procedures for Transportation Transactions," 4 C.F.R. Part 52, and U.S. GAO Guidelines for Implementation of the "Fly America Act," B-138942, 1981 U.S. Compo Gen. LEXIS 2166, March 31,1981. Section 13. Relocation and Land Acauisition. The Recipient agrees to comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, 42 U.S.C. 99 460 I et ~.; and U.S. DOT regulations, .Uniform Relocation and Real Property Acquisition for Federal and Federally Assisted Programs," 49 C.F.R. Part 24. Section 14. Seismic SafetY. The Recipient agrees to apply the requirements of U.S. DOT regulations applicable to seismic safety requirements for U.S. DOT assisted construction projects at 49 C.FR Part 4 I, (specifically, 49 C.F.R. 9 41. I 17), and any implementing guidelines FT A may issue. Section IS. Procurement. a. Federal Standards. The Recipient agrees to comply with applicable Procurement Standards of 49 C.F.R 9 18.36 or 49 C.F.R. 99 19.40 through 19.48 and Appendix A; and with supplementary regulations and directives, particularly FT A Circular 4220.!D, "Third Party Contracting Requiremerrts." The FT A Best Practices Procurement Manual contains additional guidance. b. Proiect Aoprova1lThird Party Contract Approval. Unless stated otherwise in writing, FTA's approval of the Project does not constitute pre-approval of any non-competitive third party contract awards associated therewith. c: FT A Technical Review. If determined necessary for proper Project administration, FT A reserves the right to review the Recipient's technical specifications and requirements. d. Exclusionarv or Discriminatory Soecifications. Apart from inconsistent requirements imposed by Federal ~\te or regulations, the Recipient agrees that it will comply with the requirements of //~L/r Page 19 Master Agrc< . .:rAMA(3), October 1,1996 49 U.s.C. S 5323(h)(2) by refraining from using any Federal assistance awarded by FT A to support procurements using exclusionary or discriminatory specifications. e. Bus Seat SDecifications. A State or local government recipient may use specifications conforming with the requirements of 49 U.S.C. S 5323(e) to acquire bus seats. f. Use of Federal Supplv Schedules. In accordance with 40 C.F.R. S 481(0) and any implementing regulations or guidance GSA, U.S. DOT, or FT A may promulgate, state, local, and certain nonprofit Recipients may use a Federal supply schedule in making third party acquisitions. g. Preference for Recycled Products. To the extent practicable and economically feasible, the Recipient agrees to provide a competitive preference for products and services that conserve natural resources and protect the environment and are energy efficient. Examples of such products may include, but are not limited to products described in U. S. Environmental Protection Agency (U.S. EP A) guidelines at 40 C.F.R. Parts 247-253, which implement section 6002 of the Resource Conservation and Recovery Act, as amended, 42 U.S.c. 96962. h. GeocraDhic Restrictions. The Recipient agrees to refrain from using state or local geographic preferences, except those expressly mandated or encouraged by Federal statute, and as permitted by IT A. such as stated in Subsection 15.i of this Master Agreement below. i. Architectural Emrineerimz DesilZll.. or Related Services. In acquiring architectural, engineering, or related services, the Recipient agrees to comply with the requirements of 49 V.S.C. 9 5325(d), by contracting for architectural, engineering, design or related services in the same way as a contract for architectural and engineering services is negotiated under title IX of the Federal Property and Administrative Services Act of 1949, as amended, 40 U.S.C. SS 541 ~ seq., or an equivalent qualifications-based requirement of the state. Provided a sufficient number of qua1ified firms are eligible to compete for the third party contract, geographic location may be a selection criterion. This section does not apply to the extent a state has adopted or adopts by law formal procedures for procuring those services. j. Force Account. The Recipient agrees that FT A may determine the extent to which Federal assistance may be used to participate in force account costs. k. Award to Other Than the Lowest Bidder. In accordance with 49 V.S.C. S 5326(c), a Recipient may award a third party contract to other than the lowest bidder in connection with a procurement, when such award furthers objectives consistent with the purposes of 49 U:S.C. chapter 53 and any implementing regulations, circulars, manuals, or other guidance FT A may issue. 1. Rollin\! Stock. In acquiring rolling stock, the Recipient agrees as follows: . (1) Method of Acouisition. The Recipient may acquire rolling stock by awarding the third party contract based on: (a) a competitive procurement process, (b) the initial capital cost of the ,.- -. / /- 1/( Page 20 Mast.' ..';i'ccment ITA MA(3), October 1, 1996 rolling stock, or (c) the performance, standardization, life cycle costs, and other factors pertaining to the rolling stock, in accordance with 49 U.S.c. ~ 5325(b). (2) Pre-Award and Post-Delivery Reauirements. The Recipient agrees to comply with the requirements of 49 U.S.C. ~ 5323(1) and FT A regulations, "Pre-Award and Post-Delivery Audits of Rolling Stock Purchases," 49 C.F.R. Part 663, and any revision thereto. . (3) Bus Testinl!. To the extent applicable, the Recipient agrees to comply with the requirements of 49 U.S.C. ~ 5323(c) and IT A regulations, "Bus Testing, 49 C.F.R. Part 665, and any revision thereto. m. Bondinl!. The Recipient agrees to comply with the following bonding requirements. (I) Construction Activities. The Recipient agrees to comply with the bid guarantee, performance, and payment bonding provisions of 49 C.F.R. ~ 18.36(h) or 49 C.F.R. ~ 19.48(c), as applicable, and with any requirements IT A may issue. (2) Other Activities. The Recipient agrees to comply with any other bonding requirements or restrictions IT A may impose. n. Notification of Federal Particioation. In the announcement of any third party contract award for goods or services (including construction services) having an aggregate value of$500,000 or more, the Recipient agrees to specify the amount ofFederai assistance to be used in financing that acquisition of goods and services and to express the amount of that Federal assistance as a percentage of the total cost of that third party contract. Section 16. Leases. a. Caoital Leases. To the extent applicable, the Recipient agrees to comply with ITA regulations, "Capital Leases," 49 C.F.R. Part 639, and any revision thereto. b. Leases Involvinl! Certificates ofParticioation. The Recipient agrees to obtain ITA concurrence before entering into a leasing arrangement involving the issuance of certificates of participation in connection with the acquisition of any capital asset. c. Cross-Border Leases. To the extent applicable, the Recipient agrees to comply with ITA Circular 7020.1, "Cross-Border Leasing Guidelines," April 26, 1990, in connection with the acquisition of capital assets involving a cross-border lease. Section 17. Patent Ril!hts. \ ., a. General. If any invention, improvement, or discovery of the Recipient or any ofits third party contractors is C' . ';ved or first actually reduced to practice in the course of or under the JI-W Page 21 Master Agreement ~(3). October I. 1996 Project, and that invention, improvement, or discovery is patentable under the laws of the United States of America or any foreign country, the Recipient agrees to notifY FT A immediately and provide a detailed report. '_ b. Federal Ri~ts. Unless the Federal Government later makes a contrary determination in writing, the rights and responsibilities of the Recipient, third party contractor, subrecipient and the Federal Government pertaining to that invention, improvement, or discovery will be determined in accordance with applicable Federal laws, regulations, including any waiver thereof. Unless the Federal Government later makes a contrary determination in writing, the Recipient agrees that, irrespective of its status or the status of any subrecipient or any third party contractor at any tier (~, a large business, small business, state government or state instrumentality, local government, nonprofit organization, institution of higher education, individual, etc.), the Recipient agrees it will transmit to FT A those rights due the Federal Government in any invention resulting from that third party contract described in U.S. Department of Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," 37 C.F.R. Part 401. Section 18. Rillhts in Data and Copyrights. a. Definition. The term "subject data" used in this section means recorded information, whether or not copyrighted, that is delivered or specified to be delivered under the Grant Agreement or Cooperative Agreement. Examples include, but are not limited to: computer software, standards, specifications, engineering drawings and associated lists, process sheets, manuals, technical reports, catalog item identifications, and related information. The term "subject data" does not include financial reports, cost analyses, and similar information used for Project administration. b. Federal Restrictions. The following restrictions apply to all subject data first produced in the performance of the Grant Agreement or Cooperative Agreement: (I) Except for its own internal use, the Recipient may not publish or reproduce subject data in whole or in part, or in any manner or form, nor may the Recipient authorize others to do so, without the written consent of the Federal Government, until such time as the Federal Government may have either released or approved the release of such data to the public. (2) The restriction on publication of Subsection 18.b(l) of this Master Agreement, however, does not apply to an Agreement with an institution of higher learning. c Federal Rights in Data and CODvrights. In accordance with 49 C.F.R. ~ 18.34 and 49 C.F.R. ~ 19.36, the Federal Government reserves a royalty-free, non-exclusive and irrevocable lic~nse to reproduce, publish, or otherwise use, and to authorize others to use, for Federal Government purposes the "subject data" described in the following Subsections 18.c(l) and 18.c(2) of this Master Agreement. As used in the previous sentence, "for Federal Government purposes," means use only for the direct purposes of the federal Government. Without the copyright owner's consen' ., Federal Government may not extend its Federal license to other parties. ;.c .,. .. J/~~I ";;..~. Page 22 Master A:. ~ntFTAMA(3), October 1,1996 (I) Any subject data developed under the Grant Agreement or Cooperative Agreement, or under a third party contract or subagreement financed by the Grant Agreement or Cooperative Agreement, whether or not a copyright has been obtained; and ,. (2) Any rights of copyright to which a Recipient, subrecipient, or a third party contractor purchases ownership with Federal assistance. d. Special Federal Rights for Planning:. Research. and Develooment Projects. IT A's purpose in providing financial assistance for a planning, research, development, or a demonstration Project, is to increase transportation knowledge, rather than limit the benefits of the Project to participants in the Project. Therefore, unless IT A determines otherwise, the Recipient of IT A financial assistance to support a planning, research, development, or Ii demonstration Project agrees that, in addition to the rights in data and copyrights of Subsection 18.c of this Master Agreement, ITA may make available to any IT A recipient, subrecipient, third party contractor, or third party subcontractor, either IT A's license in the copyright to the subject data or a copy of the subject . data. If the Project, which is the subject of the Grant Agreement or Cooperative Agreement, is . not completed for any reason whatsoever, all data developed under that Project shall become subject data as defined in Subsection 18.a of this Master Agreement and shall be delivered as the Federal Government may direct. This Subsection 18.d of this Master Agreement, however, does not apply to adaptations of automatic data processing equipment or programs for the Recipient's use whose costs are financed with Federal transportation funds for capital projects. e. Hold Harmless. Unless prohibited by state law, upon request by the Federal Government, the Recipient agrees to indemnify, save, and hold harmless the Federal Government and its officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by the Recipient of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under the Project. The Recipient shall not be required to indemnify the Federal Government for any such liability caused by the wrongful acts of employees or agents of the Federal Government. f Restrictions on Access to Patent Ri2hts. Nothing contained in this section on rights in data . shall imply a license to the Federal Government under any patent or be constroed as affecting the . scope of any license or other right otherwise granted to the Federal Government under any patent. g. Application to Materials Incoroorated into the Proiect. The requirements of Subsections 18.b, 18.c, and 18.d of this Master Agreement do not apply to material furnished by the Recipient and incorporated into the work carried out under the Grant Agreement or Cooperative Agreement, provided that the Recipient identifies the incorporated material at the time of delivery of the work. Section 19. Real PropertY. Eauioment. and Suoolies. (.... . Unless otherwise approved by IT A, the" following conditions apply to ,the treatment of real property, equipmer --<i supplies financed by the Grant Agreement or Cooperative Agreement: //- 3:2- Page 23 . Master AgRCIIICDt IT} J, October I, 1996 a. Use ofPropenv. The Recipient agrees that Project real property, equipment, and supplies shall be used for appropriate Project purposes (including joint development purposes that generate program income to support transit activities) for the duration of their usefulliiii,as established by FT A. Should the Recipient unreasonably delay or fail to use Project real property, equipment, or supplies during their useful life, the Recipient agrees that ITA may require the Recipient to return the entire amount of the Federal assistance expended on that property. The Recipient further agrees to notify IT A immediately when any Project real property or equipment is withdrawn from Project use or when real property or equipment is used in a manner substantially different from the representations made by the Recipient in its Application or the Project Description of the Grant Agreement or Cooperative Agreement for the Project. b. General Federal Requirements. A Recipient that is a state, local, or Indian tribal governrnent agrees to comply with the property management standards of 49 C.F.R. 99 18.31 through 18.34, including any amendments thereto, and other applicable guidelines or regulations the Federal Governrnent may issue. A Recipient that is an institution of higher education, a private nonprofit organization, or a for-profit organization agrees to comply with 49 C.F.R. 99 19.30 through 19.37, including any amendments thereto, and other applicable guidelines or regulations the Federal Governrnent may issue. Exceptions to the requirements of 49 C.F.R. 99 18.31 through 18.34, and to 49 C.F.R. 99 19.30 through 19.37, must be specifically approved by the Federal Governrnent. Nevertheless, IT A has established specific reimbursement requirements for premature dispositions of certain Project equipment (i.e.. when Project equipment is withdrawn from appropriate use before the expiration of the equipment's useful life established by IT A), as explained further in Subsection 19.9 of this Master Agreement. c. Maintenance. The Recipient agrees to maintain Project real property and equipment in good operating order, and in compliance with any guidelines, directives, or regulations IT A may issue. d. Records. The Recipient agrees to keep satisfactory records with regard to the use of Project real property, equipment, and supplies, and submit to the FT A upon request such information as may be required to assure compliance with Section 19 of this Master Agreement. e. Encumbrance ofProiect ProDertv. The Recipient agrees to maintain satisfactory continuing control of Project real property or equipment. Thus, unless authorized in writing by ITA, (1) Written Transactions. The Recipient agrees to refrain from executing any transfer of title, lease, lien, pledge, mortgage, encumbrance, third party contract, grant anticipation note, alienation, or other obligation that in any way would affect the Federal interest in any Project real property or equipment. (2) Oral Transactions The Recipient agrees to refrain from obligating itself in any manner to any third party with respect to Project real property or equipment. (3) Other Actions. The Recipient agrees to refrain from taking any action that would either adversely affect the Federal interest.qr impair the Recipient's continuing control of the use of Project real' --my or equipment~ - ;; "~". . ) / ~ ~3 -:.]>.ge 24 Master Agreen:,.C( '-TA MA(3), October I, 1996 , f Transfer ofProiect PropertY. The Recipient understands and agrees as follows: (I)' Recioient Request. The Recipient may transfer assets financed under 49 U.S.C. chapter 53 to a public body to be used for any public purpose with no further obligation to die Federal Government, provided that transfer is approved by the Federal Transit Administrator and conforms with the requirements of 49 U.S.C. ~ 5334(g). (2) Federal Government Direction. The Recipient agrees that the Federal Government may require the Recipient to transfer title to any real property, equipment, or supplies financed with Federal assistance made available by the Grant Agreement or Cooperative Agreement as permitted by either 49 C.F.R. ~~ 18.31 through 18.34, or 49 C.F.R. ~ 19.3, as applicable. The Recipient also agrees that the Federal Government may direct the disposition of real property or equipment financed with Federal assistance funds made available for the Grant Agreement or Cooperative Agreement, as permitted by either 49 C.FR ~~ 18.31 through 18.33, or 49 C.F.R. ~~ 19.32 through 19.35, as applicable. (3) LeasiOlz Project Prooertv to Another party. If the Recipient leases any Project asset to another party, the Recipient agrees to retain ownership of the leased asset, and assure that the lessee will use the Project asset appropriately, either through a "Lease and Supervisory Agreement" between the Recipient and lessee, or another similar document. Upon request by Fr A. the Recipient agrees to provide a copy of any relevant documents. g. DisDosition ofProiect Prooertv. The Recipient l\grees that Fr A may establish the useful life of Project property, and that the Recipient will use Project property continuously and appropriately throughout the period of time of the property's useful life. (I) Proiect Prooertv Whose Useful Life Has Excired. For property whose useful life, as determined by Fr A has expired, the Recipient agrees to comply with the property disposition requirements of either 49 C.F.R. Part 18 or 49 C.F.R. Part 19. (2) Project Prooertv Prematurelv Withdrawn from Use. For property withdrawn from appropriate use before its useful life has expired, the Recipient agrees to the following provisions: (a) Notification Reouirement. The Recipient l\grees to notify Fr A immediately when any Project real property, equipment, or supplies are prematurely withdrawn from appropriate use, whether by planned withdrawal, misuse, or casualty loss. (b) Federal Interest in Prematurelv Withdrawn Project Prooertv. Unless otherwise approved by the Federal Government, the Recipient agrees to remit to the federal Government the Federal interest in the fair market value of Project real property, equipment, or suppiies prematurely withdrawn from appropriate use. The amount of Federal interest in the property shall be determined on the basis of the ratio of the Federal assistance awarded by the Federal Government for the property to the actual cost of the Property. The Recipient agrees to the following methods of calculating the fair market value of property prematurely withdrawn from appropriate use: / /- s-f' Page 25 Master Ag=mcotFTAMA(. bcr I, 1996 1. Eauioment and Suoolies. Unless othelWise determined in writing by FT A. fair market value shall be calculated by straight line depreciation of the equipment or supplies, based on the useful life of the "'iuipment or supplies established or approved by FT A. The fair market value of equipment and supplies shall be the value immediately before the occurrence prompting the withdrawal of that property from use. In the case of equipment or supplies lost or damaged by casualty or fire, the fair market value shall be calculated on the basis of the condition of that property immediately before the casualty or fire, irrespective of the extent orinsurance coverage. As authorized by 49 C.F.R. ~ I8.32(b), a state may use its own disposition procedures, provided that the state's procedures comply with the laws governing that state. ;f.. Real ProDertv. The fair market value of real property shall be determined either by competent appraisal based on an appropriate date approved by the Federal Government, in accordance with the standards of 49 C.F.R. Part 24, or by straight line depreciation, whichever is greater. J.. Exceotional Circumstances. The Federal Government reserves the right to require the use of another method of valuation if determined to be in the best interests of the Federal Government. In unusual circumstances, the Recipient may request that another reasonable method of determining fair market value be used including, but not limited to, accelerated depreciation, comparable sales, or established market values. In determining whether to approve another method of valuation, the Federal Government may consider any action taken, omission made, or unfortunate occurrence suffered by the Recipient with respect to the preservation or conservation of the value of the real property, equipment, or supplies withdrawn from appropriate use for any reason. h. Misused or DamalZed PropertY. If any damage to Project real property, equipment, or supplies results from abuse or misuse occurring with the Recipient's knowledge and consent, the Recipient agrees to restore that real property or equipment to its original condition or refund the value of the Federal interest in the damaged property, as the Federal Government may require. i. OblilZations After Proiect Closeout. A Recipient that is a state, local, or Indian tribal government agrees that Project closeout will not alter its property management obligations of . Section 19 of this Master Agreement and 49 C.F.R. ~~ 18.3 I through 18.34. A Recipient that is an institution of higher education, a private nonprofit organization, or a for-profit organization agrees that project closeout will not alter its property management obligations under this Section 19 of this Master Agreement and 49 C.F.R. ~~ 19.32 through 19.37. Section 20. Insurance. Apart trom other insurance requirements that may apply to the Recipient, the Recipient agrees as follows: a. Insurance DurinlZ Construction. At a minimum, the Recipient agrees to comply with the insurance requirf .~ts normally imposed by its state and local governments. ;:'". ' //~~~ Page 26 . Master Agrc:emcnt r:- . '~'\(3). October I, 1996 b. Flood Hazards. The Recipient agrees to comply with the flood insurance purchase requirements of section 102(a) of the Flood Disaster Protection Act of 1973,42 U.S.C. 9 40I2a(a), with respect to each Prc,jc-ct activity involving construction or acquisition. Section 21. Proiect Manal!ement for Maior Caoital Proiects. The Recipient agrees to comply with IT A regulations, .Project Management Oversight," 49 C.F.R. Part 633, and any revision thereto, applicable to a Major Capital Project. Section 22. Civil Ril!hts. a. Prohibitions Al!ainst Discrimination in Federal Pro~s. The Recipient agrees to comply with, and assure compliance by each third party contractor at any tier and each subrecipient at any tier under the Project, with all requirements of Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 9 2000d; 49 U.S.c. 9 5332; and DOT regulations, "Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act," 49 C.F.R. Part 21, and any implementing requirements ITA may issue. b. Eaual Emolovrnent OPDOrtunitv. The Recipient agrees to comply with the following equal employment opportunity (EEO) requirements: (I) General Requirements. The Recipient agrees as follows: (a) The Recipient agrees that it will not disaiminate against any employee or applicant for employment because of race, color, creed, sex, disability, age, or national origin. The Recipient 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 payor other forms of compensation; and selection for training, including apprenticeship. The Recipient also agrees to comply with any implementing requirements FT A may issue. (b) If the Recipient is required to submit and obtain Federal Government approval ofits EEO program, that EEO program approved by the Federal Government is incorporated by reference and made part of the Grant Agreement or Cooperative Agreement. Failure by the Recipient to carty out the terms of that EEO program shall be treated as a violation of the Grant Agreement or Cooperative Agreement. Upon notification to the Recipient 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 in accordance with Section II of this Master Agreement, or other measures that may affect the Recipient's eligibility to obtain future Federal financial assistance for transportation projects. . //-36 Page 27 -. Master Agreement ITA MA(3), l 1, 1996 (2) Eaual Emolovrnent OODOrtUnitv Reauirements for Construction Activities. With respect to construction activities, the Recipient agrees to comply with all applicable EEO requirements of U.S. Depanment of Labor (U.S. DOL) regulations; "Gffice of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor, " 41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal Employment OpportUnity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. 9 2000(e) and any Federal statutes, executive ordets, regulations, and Federal policies that may affect construction activities undertaken in the course of the Project. c. Disadvanta~ed Business Enterprise. The Recipient agrees to take the following measures to facilitate panicipation by disadvantaged business enterprises (DB E) in the Project: (I) The Recipient agrees to comply with current U.S. DOT regulations on DBE panicipation in U.S. DOT financial assistance programs, at 49 C.F.R. Pan 23 or at another Part ure-issued, and any requirements or guidance IT A may issue. (2) The Recipient agrees that it will not discriminate on the basis ofrace, color, national origin, or sex in the award and performance of any third party contract, or subagreement financed with Federal assistance derived from the U.S. DOT. The Recipient agrees to take all necessary and reasonable steps required by U.S. DOT regulations to ensure that eligible DBEs have the maximum feasible opportunity to participate in third party contracts financed with Federal assistance awarded by U.S. DOT. If the Recipient is required by U.S. DOT regulations to have a DBE program, the DBE program approved by U.S. DOT is incorporated by reference and made part of the Grant Agreement or Cooperative Agreement. Implementation of that DBE program is a legal obligation, and failure to carry out its terms shall be treated as a violation of the Grant Agreement or Master Agreement. Upon notifYing the Recipient of any failure to implement its approved DBE program, U.S. DOT may impose sanctions as provided for under its regulations and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 9 1001, and the Program Fraud Civil Remedies Act, 31 U.S.C. ~~ 3801 et~. d. Access Reauirements for Persons with Disabilities. The Recipient agrees to comply with all . applicable requirements of the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. 99 12101 ~ ~.; section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. ~ 794; 49 U.S.C. ~ 5301(d); and the following Federal regulations including any amendments thereto: (1) U.S. DOT regulations, "Transportation Services for Individuals with Disabilities (ADA)," 49 C.F.R. Pan 37; (2) U.S. DOT regulations, "Nondiscrimination on the Basis of Handicap in PfCJgrams and ActiVIties Receiving or Benefiting from Federal Financial Assistance," 49 C.F.R. Part 27; (3) U.S. DOT regulations, "Americans With Disabilities (ADA) Accessibility Specifications for Transportation Vehicles,~'.~9 C.F.R. Part 38; //~S? Page 2l!.v" Mastc:rAgreementFTAl. .,J, October 1,1996 (4) U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability in State and Local Government Services," 28 C.F.R. Part 35; (5) U.S. DO] regulations, "Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities," 28 C.F.R. Part 36; (6) U.S. GSA regulations. "Accommodations for the Physically Handicapped." 41 C.F.R. Subpart 101-19; (7) U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630; (8) U.S. Federal Communications Commission regulations, "Telecommunications Relay Services and Related Customer Premises Equipment for the Hearing and Speech Disabled," 47 C.F.R. Part 64, Subpart F; and (9) ITA regulations, "Transportation for Elderly and Handicapped Persons," 49 C.F.R. Part 609. (10) Any implementing requirements IT A may issue. Section 23. Emnlovee Protections. a. Construction Activities. The Recipient agrees to comply with the employee protection requirements for construction employees as follows: (1) Davis-Bacon Act. as amended. 49 U.S.C. ~ 5333(a), the Davis-Bacon Act, 40 U.S.C. ~~ 276a through 276a(7), and implementing u.S. DOL regulations, "Labor Standards Provisions Applicable to Contracts Governing FederaJJy Financed and Assisted Construction (also Labor' Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work . Hours and Safety Standards Act)," 29 C.F.R. Part 5. (2) Contract Work Hours and SafetY Standards Act. as amended. specifically section 102 of .' that Act, 40 U.S.C. ~~ 327 through 332; and implementing u.S. DOL regulations, "Labor Standards Provisions Applicable to Contracts Governing Federally Fmanced and Assisted Construction (also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act)," 29 C.F.R. Part 5; and section 107 of that Act, 40 U.S.C. ~ 333, and implementing U.S. DOL regulations, "Safety and Health Re&ulations for Coilstruction, . 29 C.F.R. Part 1926. (3) Copeland' Anti-Kickback" Act. as amended. 18 U.S.C. ~ 874 and 40 U.S.C. ~ 276c, and implementing U.S. DOL regulations, "Contractors and Subcontractors on Public Building or Public Work Fmanced in Whole or in part by Loans or Grants from the United States." 29 C.F.R. Part 3. ///.:jr MasIer Agreement FT A MA(3), Octol: " 196 Page 29 : b. Activities Not Involvim! Construction. The Recipient agrees to comply with and assures compliance with applicable employee protection requirements for nonconstruction employees of section 102 of the Contract Work Hours and Safety Standards Act, as amendeci, 40 U.S.C. ~~ 327 through 332, and implementing U.S. DOL regulations, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act)," 29 C.F.R. Part 5. . c. State and Local Government Emolovees. The Recipient agrees that the minimum wage and overtime provisions of the Fair Labor Standards Act, as amended, 29 U.S.C. ~~ 206 and 207, apply to employees performing work involving commerce, including such state and local government employees as public transit authority employees, participating in the Project. Consequently, each Recipient that is a state or local government agrees to comply with the Fair Labor Standards Act's minimum wage and overtime requirements for employees performing work in connection with the Project. d. Transit Emolovee Protective ArranlZements. If the Grant Agreement or Cooperative Agreement indicates that U.S. DOL transit employee protective arrangements apply to transit operations performed in connection with the Project, the Recipient agrees to comply with the appropriate requirements below applicable to its Project: (1) Standard Transit Emolovee Protective ArranlZements. To the extent that transit operations are involved, the Recipient agrees to carry out the Project in compliance with terms and conditions determined by the Secretary of Labor to be fair and equitable to protect the interests of employees affected by the Project and to meet the requirements of 49 U.S.C. ~ 5333(b), and U.S. DOL guidelines, "Section 5333(b), Federal Transit Law," at 29 C.FoR. Part 215, and any amendments thereto. These terms and conditions are identified in U.S. DOL's certification of transit employee protective arrangements to FT A, the date of which is included in the Grant Agreement or Cooperative Agreement. The Recipient agrees to carry out the Project in compliance with the conditions stated in that U.S. DOL certification. That U.S. DOL certification and any documents cited therein are incorporated by reference and made part of the Grant Agreement or Cooperative Agreement. The requirements of this Subsection 23.d(l) of this Master Agreement, however, do not apply to formula assistance projects for the elderly and persons with disabilities authorized by 49 U.S.C. ~ 5310(a)(2) or to formula assistance projects for nonurbanized areas authorized by 49 U.S.C. ~ 5311; separate requirements for those projects are contained in Subsections 23.d(2) and 23.d(3) of this Master Agreement. (2) Transit Emolovee Protective ArranlZements for Proiects Authorized bv 49 U.S.C. II 531 O( a)(2) for the Elderlv and Persons with Disabilities. Ifthe Secretary of Transportation has determined or dete:mines in the future that employee protective arrangements required by 49 U.S.C. ~ 5333(b) are necessary or appropriate for a public body subrecipient under the Project, the Recipient agrees to carry out the Project in compliance with the terms and conditions determined by the Secretary of Labor to meet the requirements of 49 U.S.C. ~ 5333(b), and U.S. DOL guidelines, "Section 5333(b), Federal Transit Law," at 29 C.FR Part 215, and any amendments thereto. T1.. 'erms and conditions are identified in U.S. DOL's certification of :, :_~- -;: . / / - _r;-y Page 30 Master Agreement FrA MA(3'" ;':".wber I, 1996 transit employee protective arrangements to IT A, the date of which is included in the Grant c Agreement or Cooperative Agreement. The Recipient agrees to carry out the Project in ~;:;mpliance with the conditions stated in that V.S. DOL certification. That V.S. DOL certification and any documents cited therein are incorporated by reference and made part of the Grant Agreement or Cooperative Agreement. (3) Transit EmDlovee Protective Arramzements for Proiects Authorized.bv 49 U.S.c. & 5311 in Nonurbanized Areas. The Recipient agrees to comply with the terms and conditions of the Special Warranty for the Nonurbanized Area Program agreed to by the Secretaries of Transportation and Labor, dated May 31, 1979, and the procedures implemented by U.S. DOL or any revision thereto. Section 24. Plannimz and Private Enterprise. a. IT A Requirements. The Recipient agrees that each Project financed under the Grant Agreement or Cooperative Agreement will be implemented in a manner consistent with the plans developed in accordance with applicable planning and private enterprise requirements of 49 V.S.C. SS 5303 through 5306, and joint Federal Highway Administration (FHW A)/FT A regulations, "Planning Assistance and Standards," 23 C.F.R. Part 450 and 49 C.F.R. Part 613. b. Infrastructure Investment. The Recipient agrees to consider the provisions of Executive Order No. 12803, "Infrastructure Privatization," 57~. &g. 19063, May 4, 1992; and Executive Order No. 12893, "Principles for Federal Infrastructure Investments," 59 Fed. ReI!. 4233, January 26, 1994. Section 25. Environmental Requirements. The Recipient recognizes that many Federal and state laws imposing environmental and resource . conservation requirements may apply to the Project. Some, but not all, of the major Federa11aws that may affect the Project include: the National Environmental Policy Act of 1969, as amended, 42 V.S.C. SS 4321 ~ gg.; the Clean Air Act, as amended, 42 V.S.C. SS 7401 et mi. and scattered sections of29 V.S.C.; the Clean Water Act, as amended, scattered sections of 33 U.S.C. and 12 V.S.C.; the Resource Conservation and Recovery Act, as amended, 42 V.S.C. S~ 6901 et l!:!l.; and the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, 42 V.S.C. SS 9601 et sg. The Recipient also recognizes that V.S. EPA, FHW A and other agencies of the Federal Government have issued and are expected in the future to issue regulations, guidelines, standards, orders, directives, or other requirements that may affect the Project. Thus, the Recipient agrees to adhere to, and impose on each subrecipient and each third party contractor, any such Federal requirements as the Federal Government may now or in the future promulgate. Listed below are requirements of particular concern to IT A and the Recipient. The Recipient acknowledges that this list does not constitute the Recipient's entire obligation to meet all Federal environmental and resource conservation requirements. J/ ~~!J Page 31 Master Agn:cmcnt FTA MA(3), October I, a. Environmental Protection. The Recipient agrees to comply with all applicable requirements of the National Environmental Policy Act of 1969, as amended, 42 U.S.C. SS 4321 et~. in accordance wit~E:::ecutive Order No. 12898, "Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations," 59 Fed. ReI/:. 7629, Feb. 16, 1994; FfA statutory requirements on environmental matters at 49 U.S.C. S 5324(b); Council on Environmental Quality regulations on compliance with the National Environmental Policy Act of 1969, as amended, 40 C.F.R. Part 1500 et~.; and joint FHWA/FTA regulations, "Environmental Impact and Related Procedures," 23 C.F.R. Part 771 and 49 C.F.R. Part 622. b. Air Ouality. The Recipient agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. SS 7401 et seq. Specifically: (1) The Recipient agrees to comply with applicable requirements of U.S. EPA regulations, "Confonnity to State or Federal Implementation Plans of Transportation Plans, Programs, and Projects Developed, Funded or Approved Under Title 23 V.S.C. or the Federal Transit Act," 40 C.F.R. Part 51, Subpart T; and "Determining Confonnity of Federal Actions to State or Federal Implementation Plans," 40 C.F.R. Part 93. To support the requisite air quality confonnity finding for the Project, the Recipient agrees to implement each air quality mitigation and control measure incorporated in the Project. The Recipient agrees that any Project identified in an applicable State Implementation Plan (SIP) as a Transportation Control Measure, will be wholly consistent with the design concept and scope of the Project described in the SIP. (2) U.S. EPA also imposes requirements implementing the Clean Air Act, as amended, that may apply to transit operators, particularly operators of large transit bus fleets. Thus, the Recipient should be aware that the following U.S. EP A regulations, among others, may apply to its Project: "Control of Air Pollution from Motor Vehicles and Motor Vehicle Engines," 40 C.F.R. Part 85; "Control of Air Pollution from New and In-Use Motor Vehicles and New and In-Use Motor Vehicle Engines: Certification and Test Procedures," 40 C.F.R. Part 86; and "Fuel Economy of Motor Vehicles," 40 C.F.R. Part 600. c. Clean Water. The Recipient agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. SS 1251 etm;j. d. Use of Public Lands. The Recipient agrees that no publicly owned land from a park, recreation area, or wildlife or waterfowl refuge of national, state, or local significance as determined by the Federal, state, or local officials having jurisdiction thereof, or any land from a historic site of national, state, or local significance may be used for the Project unless the FT A makes the specific findings required by 49 V.S.C. S 303. e. Historic Preservation. The Recipient agrees to assist the Federal Government in complying with section 106 of the National Historic Preservation Act, 16 V.S.C. S 470f, involving historic and archaeological preservation as follows: // ~ ~ I Page 32 t....t'<:r: MastcrAgr=mentITAMA(3),Qc... ;,1996 (I) The Recipient agrees to consult with the State Historic Preservation Officer about investigations to identify properties and resources listed in or eligible for inclusion in the National Register of Historic Places ,liat may be affected by the Project, in accordance with Advisory Council on Historic Preservation regulations, "Protection of Historic and Cultural Properties," 3 6 C.F .R. Part 800, and notifying FT A of those properties so affected. (2) The Recipient agrees to comply with all Federal requirements to avoid or mitigate adverse effects on those historic properties. f. Miti\!ation of Adverse Environmental Effects. The Recipient agrees that if the Project should cause adverse environmental effects, the Recipient will take all reasonable steps to minimize those effects in accordance with 49 V.S.C. 9 5324(b), and all other applicable Federal laws and regulations, specifically, the procedures of23 C.FR Part 771 and 49 C.FR Part 622. The Recipient agrees to undertake all environmental mitigation measures that may be identified as commitments in applicable environmental documents (such as environmental assessments, environmental impact statements, memoranda of agreement, and statements required by 49 V.S.C. 9303) and with any conditions the Federal Government has imposed in its finding of no significant impact or a record of decision. Those mitigation measures are incorporated by reference and made part of the Grant Agreement or Cooperative Agreement. As soon as the Federal Government and the Recipient reach agreement on any deferred mitigation measures, those measures will then be incorporated by reference and made part of the Grant Agreement or Cooperative Agreement. The Recipient agrees that any mitigation measures agreed upon may not be modified or withdrawn without the express written approval of the Federal Government. Section 26. Ener~ Conservation. The Recipient agrees to comply with the mandatory energy efficiency standards and policies within the applicable state energy conservation plans issued in compliance with the Energy Policy and Conservation Act, 42 V.S.C. 996321 et~. Section 27. State Mana2ement and Monitorin\! Svstems. To the extent applicable, the Recipient agrees to comply with applicable requirements of joint FHW AIFT A regulations, "Management and Monitoring Systems," 23 C.F.R. Parts 500 and 626, and 49 C.FR Part 614. Section 28. Charter Service Ooerations. '(he RecipienL ..grees that neither it nor any transit operatol performing work in connection with the Project will engage in charter service operations, except as permitted by 49 V.S.C. 9 5323(d) and FT A regulations, "Charter Service," 49 C.F.R. Part 604, and any amendments thereto that may be issued. Any charter service agreement required by these regulations is incorporated by reference and made part of the Grant Agreement or Cooperative Agreement. //~i 2 Master Agreement Ff A MA(3), October I, 1996 Page 33 Section 29. School TransDortation Operations. The Recipient agrees that neither it nor any :.ii.iisit operator perfonning work in connection with the Project will engage in school transportation operations for the transportation of students or school personnel exclusively in competition with private school transportation operators, except as permitted by 49 U.S.C. 9 5323(f) and IT A regulations, "School Bus Operations," 49 C.F.R. Part 60S, and any amendments thereto that may be issued. Any school transportation agreement required by these regulations is incorporated by reference and made part of the Grant Agreement or Cooperative Agreement. Section 30. Metric SYStem. To the extent required by U.S. DOT or FT A, the Recipient agrees to use the metric system of measurement in its Project activities, as may be required by 49 U.S.C. gg 205a et sea.; Executive Order No. 12770, "Metric Usage in Federal Government Programs," IS U.S.c. 9 205a note; and other regulations, guidelines, and policies issued by U.S. DOT or FT A. To the extent practicable and feasible, the Recipient agrees to accept products and services with dimensions expressed in the metric system of measurement. Section 31. PrivaCY. To the extent that the Recipient, any third party contractor at any tier, any subrecipient at any tier, or their employees administer any system of records on behalf of the Federal Government, the Recipient agrees to comply with, and assures the compliance of each affected third party contractor at any tier, each affected subrecipient at any tier, and their employees with the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. 9 552, (the Privacy Act). Specifically: a. Consent of Federal Government. . The Recipient agrees to obtain the express consent of the Federal Government before it or its third party contractors, subrecipients, or any of their employees operates a system of records on behalf of the Federal Government. b. Acknowledlmtent of Civil and Criminal Penalties. The Recipient acknowledges that the requirements of the Privacy Act, including the civil and criminal penalties for violations of the Privacy Act apply to those individuals administering a system of records for the Federal Government under the Project, and that failure to comply with the Privacy Act may result in termination of the Grant Agreement or Cooperative Agreement. Section 32. Substance Abuse. a. Dru~ Abuse. The Recipient agrees: (1) The Recipient agrees to comply with U.S. DOT regulations, "Drug-Free Workplace Requirements (Grants)," 49 C.F.R. Part 29, Subpart F. J/ -- j, J Master Agreement ITA MA(3), OclObe.' . :/% Page 34 , . (2) To the extent applicable, the Recipient agrees to comply with FT A regulations, "Prevention of Prohibited Drug Vse in Transit Operations," 49 C.F.R. Part 653, and any guidance pertaining to the drug abuse provisions of 49 V.S.C. ~ :;331 that ITA or V.S. DOT may issue. b. Alcohol Abuse. To the extent applicable, the Recipient agrees to comply with FT A regulations, "Prevention of Alcohol Misuse in Transit Operations," 49 C.F.~ Part 654, and any guidance pertaining to the alcohol abuse provisions of 49 V.S.C. ~ 5331 that FT A or V.S. DOT . may Issue. Section 33. State Safety Oversil!ht of Rail Fixed Guidewav Public Svstems. To the extent applicable, the Recipient agrees to comply with 49 V.S.C. 9 5330, and FT A regulations, "Rail Fixed Guideway Systems; State Safety Oversight," 49 C.F.R. Part 659 and any guidance pertaining to state safety oversight of rail fixed guideway systems that FT A or V.S. DOT may issue to implement 49 V.S.C. 9 5330. Section 34. Soecial Reauirements for Formula Assistance Proiects for Vrbanized Areas. a. Fares and Services. The Recipient agrees to use its established administrative process to solicit and consider public comment before raising fares or implementing a major reduction of service. b. Audit Reauirements. The Recipient agrees that the Federal Government may conduct or require the Recipient to engage an independent entity to conduct annual or more frequent reviews and audits required by 49 V.S.C. ~ 5307(i) and applicable regulations or guidelines that the Federal Government may issue. c. Half Fare Reauirements. The Recipient agrees that the rates charged the elderly and persons with disabilities during nonpeak hours for transportation using or involving Project facilities and equipment will not exceed one-half of the rates genera11y applicable to other persons at peak hours, whether the operation of such facilities and equipment is by the Recipient or is by another entity under lease or otherwise. The Recipient agrees that it will give the rate required herein to any individual presenting a Medicare card duly issued to that individual pursuant to title II or . title XVIII of the Social Security Act, 42 U.S.C. 99401 et ~., and 99 1395 ~. ~. respectively. d. Procurement of an Associated Caoital Maintenance Product. In accordance with 49 V.S.C. 9 5325(c), the Recipient may, without prior Federal approval, procure an eligible associated capital maintenance product by contract drr.:ctly with the original manufacturer or supplier of the item to be replaced, provided that the Recipient: (I) tirst certifies in writing that such . . manufacturer or supplier is the only source of that item and the price of that item is no higher than the price paid for that item by like customers, and (2) complies with applicable Buy America statutory and regulatory requirements. Master Agreement ITA MA(J), October I, 1996 //-~if" Page 35 e. Transit Securitv. Each fiscal year, the Recipient agrees to spend at least one (1) percent of its funds authorized by 49 U.S.C. ~ 5307 for transit security projects, unless the Recipient has certified to IT A that such expenditures are not necessary. f. Restrictions on Use of Formula Assistance for Operations. Financial assistance for operations authorized by 49 U.S.C. 9 5307 may be applied to the Net Project Cost of the Recipient's operating expenses incurred during the Project time period specified in the Approved Project Budget, provided that the applicable operating assistance limitation is not exceeded. g. Reoorting Reauirements. For each fiscal year, the Recipient agrees to conform, and assures that any transit operator to which the Recipient provides funds authorized by 49 U.S.C. 9 5307 will conform, to the reporting system and the uniform system of accounts and records required by 49 U.S.C. ~ 5335(a) for IT A's national transit database and ITA regulations, "Uniform System of Accounts and Records and Reporting System," 49 C.F.R. Part 630, which includes various reports required for FT A's national transit database. h. Criminal Sanctions. Any certificate or submission in connection with an Urbanized Area Formula Program authorized by 49 U.S.C. ~ 5307 is subject to 49 U.S.c. 9 1001. Section 35. Soecial Requirements for Formula Assistance Proiects for the Elderlv and Persons With Disabilities. a. Eligible Subrecipients. If the Federal financial assistance awarded for the Grant Agreement or Cooperative Agreement has been authorized for projects under 49 U.S.C. ~ 5310(a)(2), the Recipient will provide assistance only to subrecipients that qualify as one of the following types of entities: (I) a private nonprofit corporation or association meeting the special needs of the elderly and persons with disabilities for whom transit services are unavailable, insufficient, or inappropriate; (2) a public body approved by the state to coordinate services for the elderly and persons with disabilities; or (3) a public body that certifies to the Governor that no nonprofit corporations or associations are readily available in its area to provide service to meet the special needs of the elderly and persons with disabilities. b. State Procedures. In general, the Recipient agrees to administer the Project in accordance with ITA Circu1ar 9070.1 C, any revision thereto, and other IT A implementing guidance, and applicable U.S. DOT regulations at 49 C.FR Parts 18 and 19. To the extent that U.S. DOT regulations at 49 C.F.R. Parts 18 or 19 conflict with the provisions ofFTA Circular 9070.IC or any revision thereto, U.S. DOT regulations will apply. c. Eligible Proiect Activities. Federal financial assistance awarded forthe Project may be used for eligible capital projects ~pecified under 49 U.S.C. 9 :!J 10 and may include meal delivery service to the extent permitted by 49 U.S.C. ~ 531O(h). //-~s-- Page 36 Master Agreement ITA MA(3), October I, . j( d. Transfer of Assets. In addition to the authority to transfer Project assets provided by 49 U.S.C. ~ 5334(&), the Recipient may transfer facilities and equipment acquired with financial assistance authorized for 49 V.S.C. ~ 5311 to any recipient eligible to receive assistA;';cc under 49 U.S.C. chapter 53, provided that the subrecipient currently in possession of such facilities or equipment consents to the transfer and the facilities or equipment will continue to be used in accordance with the requirements of 49 V.S.C. ~ 5311. Section 36. Soecial Requirements for Formula Assistance Proiects for Nonurbanized Areas. a. State Procedures. In general, the Recipient agrees to administer a Project financed under 49 U.S.C. 95311, in acCordance with FTA Circular 9040.1C, any revision thereto, and other FTA implementing guidance, and applicable U.S. DOT regulations at 49 C.F.R. Parts 18 and 19. However, to the extent that U.S. DOT regulations at 49 C.F.R. Parts 18 or 19 conflict with the terms ofFTA Circular 9040.1C or any revision thereto, U.S. DOT regulations will apply. b. E1ilrible Proiect Activities. Federal financial assistance provided under the Grant Agreement or Cooperative Agr~ent may be used for transit projects in areas other than urbanized areas. These projects must be eligible for Federal financial assistance authorized for 49 U.S.C. 9 5311, and may include purchase of service agreements with private providers of transit service and meal delivery service, to the extent permitted by 49 U.S.C. 9 5311. c. Transfer of Assets. In addition to the authority to tranSfer Project assets provided by 49 U.S.c. 9 5334(&), the Recipient may also transfer facilities and equipment acquired with financial assistance authorized for 49 U.S.C. 9 5311 to any recipient eligible to receive assistance under 49 U.S.C. chapter 53, provided that the subrecipient currently in possession of those facilities or equipment consents to the transfer and the facilities or equipment will continue to be used in accordance with the requirements of 49 V.S.C. ~ 5311. d. Restrictions on Use of Formula Assistance for Operations. Formula assistance authorized for 49 V.S.C. ~ 5311 provided under the Grant Agreement or Cooperative Agreement for operating. assistance may be applied to the Net Project Cost of the subrecipient's operating expenses incurred during the Project time period specified for the Project. e. Intercity Transportation. Each fiscal year, the Recipient agrees to spend for intercity transportation projects at least fifteen (15) percent ofits funds authorized for 49 U.S.C. 9 5311, unless the state's chief executive officer has certified to FT A that the state's intercity bus service needs are being adequately met. Section 37. Special Requirements for Research. Develooment. Demonstration. and Soecial Studies Proiects. a. Proiect Reoort. The Recipient agrees to prepare and make available a comprehensive report on the results of the Project, the conclusions real ,..' and the methods used. //~tt?- Page 37 Master Agx=nt FT A MA(3 l, October I, 1996 b. Proiect Identification. The Recipient agrees that each tangible product resulting from the Grant Agreement or Cooperative Agreement shall be labeled with an appropriate sign or designa:;:;~ stating that the Project has been financed with Federal assistance provided by the U.S. Department of Transportation, Federal Transit Administration. Unless waived by ITA, this requirement applies to aU equipment, hardware, construction, reports, data, or any similar items produced under the Grant Agreement or Cooperative Agreement. Section 38. Soecial Reauirements for a Proiect Financed through a State Infrastructure Bank. a. General Requirements. The Recipient agrees to administer the Project in accordance with: (I) the requirements of section 350 of the National Highway System Designation Act of 1995, as amended, (NHS Act), 23 U.S.C. 101 note, (2) the provisions ofFTA's NHS Guidelines, and any amendments thereto, (3) the provisions of the Cooperative Agreement establishing the State Infrastructure (Sm) program within the state (entered into by the Federal Highway Administrator, the Federal Transit Administrator, and the authorized state official), and (4) the provisions of the FT A Grant Agreement for the Project, except that any provision of this Master Agreement that conflicts with any provision ofFT A's NHS Guidelines, the provisions of the Cooperative Agreement establishing the sm program within the state, or this Grant Agreement will not apply to the Grant Agreement or the project thereunder. b. Latest Requirements Aoolv. The Recipient agrees to comply with and assures the compliance of the sm and each subrecipient of aU applicable requirements for the sm program, as those requirements may be amended from time to time, except as FT A detennines otherwise. c. Transit Account Limitations. The Recipient agrees that the sm will provide Federal assistance from its Transit Account only for transit capital projects eligible under section 350 of the NHS Act, and that those projects will fulfill aU requirements imposed on comparable capital transit projects financed by FT A. d. Limitations on Accessing Federal Assistance in Transit Account. The Recipient understands that the total amount of funds to be awarded for a Grant Agreement may not be immediately available for draw down. Consequently, the state agrees to limit the amount of Federal assistance it draws down for deposit in the Transit Account of its sm to amounts that do not exceed the limitations specified in its Grant Agreement or the Approved Project Budget for that Grant Agreemern. . Section 39. Disoutes. Breaches. Defaults. or Other Litigation. The Recipient agrees that FT A has a vested interest in the settlement 0 ' any dispute, breach, default, or litigation involving the Project. Accordingly: a. Notification to FT A. The Recipient agrees to notifY FT A of any current or prospective major dispute, breach, default, or litigation pertaining to the Project. If the Recipient seeks to. name the //~t ? Page 38 Master Agreement FfA MA(3), October 1,1996 Federal Government as a party to litigation for any reason, in any forum, the Recipient agrees to inform the FT A before doing so. b. Federal Interest in Recoverv. The Federal Government retains the right to a proportionate share, based on the percentage of the F ederaJ share committed to the Project, of any proceeds derived from any third party recovery, except that liquidated damages recovered may be returned to the Project Account in lieu of returning the Federal share to the Federal Government. c. Enforcement. the Recipient agrees to pursue all legal rights available under any third party contract. d. ITA Concurrence. ITA reserves the right to concur in any compromise or settlement of any claim involving Project and the Recipient. e. Alternative DisDute Resolution. FT A encourages the Recipient to use alternative dispute resolution procedures, as may be appropriate. Section 40. Amendments to the Proiect. The Recipient agrees that a change in circumstances affecting the Project causing an inconsistency with the terms of the Grant Agreement or Cooperative Agreement will require a formal amendment to the Grant Agreement or Cooperative Agreement. The Recipient agrees that a change in the fundamental information submitted in its Application will also require an Amendment to its Application or the Grant Agreement or Cooperative Agreement, as appropriate. Section 4 I. Electronic Data InterchanlZe TechnololZV. As approved by IT A, the Recipient may use electronic data interchange technology to exchange information with IT A. IT A reserves the right to determine whether the Recipient may use electronic data interchange technology to execute legal documents pertaining to FT A projects. Section 42. Severability. If any provision of the Grant Agreement or Cooperative Agreement is held invalid, the remainder of the Agreement shall not be affected thereby if such remainder would then continue to conform to the rt:quirements of applica;Jle law. ..... Master Agreement FTA MA(3), October 1, 1996 )/-iP/ Page 39 EXHIBIT B JOINT BUS ACQUISITION. NEW FLYER OF AMERICA INC. CNG Option Bid. 15 Buses for CVT (PC 448) I Expenses I Administration (0100) Professional Services (0800) General Vehicle Inspections (0801) Vehicle Procurement (1300) Project Contingency Total ISchedule I Specifications Development Advertise and Award Procurement and Delivery Acceptance and Closeout IFunding Sources Federal 5307 (Grant # X793) City of Chula Vista ART 4.0 TDA City of Chula Vista ART 4.0 TDA APCD 2766 Funds Total ..IOlNTBl.lSAO...coou.xL.S 11/121S1l1 Budget I $10,000 $2,000 $12,000 $4,900,000 $71,000 $4,995,000 Start Date Finish Date Feb-98 May-98 Jan-99 Jul-OO May-98 Jan-99 Aug-OO Nov-OO $2,228,000 (From Fund Swap) $687,000 $2,000,000 (From fuel cell bus TDA Claim) $80,000 $4,995,000 J/~~ '} PRICING WORKSHEET JOINT BUS ACQUISITION - NEW FLYER OF AMERICA INC. Item Unit CVT No. Only Price Item (1-448-1300) CNG Option Bid. 15 Buses for CVT - (Awar': ) 1 15 $277,613 Buses (MTDB Spec.) $4,164,195.00 2 15 $430 Kneeling System $6,450.00 3 15 $1,450 Wheelchair Ramp $21,750.00 4 15 $1,650 Wheelchair Restraints (2 per bus) $24,750.00 5 15 $2,890 E1H Seating (2 per bus) $43,350.00 6 15 $1,500 Radio System $22,500.00 7 15 $11,500 Farebox System $172,500.00 8 0 $390 Hub Mounted Trip Recorders $0.00 9 15 $42 Power mirrors $630.00 10 15 $40 First Aid kit $600.00 11 15 $28 Fire Extinguishers $420.00 12 15 $2,400 Bus Delivery $36,000.00 13 1 $7,000 Training Session $7,000.00 14 1 $680 DDEC III Engine Cartridge & Reader $680.00 15 1 $530 DDEC III Printer $530.00 16 1 $680 World ATEC Trans. Cartridge $680.00 17 1 $46,767 Power Module $46,767.00 18 1 $1,300 Power Module Delivery $1,300.00 19 1 $250 Fire Suppression Kits $250.00 20 1 $2,500 Laptop PC for Allen Bradley $2,500.00 21 Sales Tax (1,6,7,8,9,10,11,14,15,16,17,19,20) $341,949.53 22 Payment Term Credit ($28,500.00) Total Amount Options - 15 Buses $4,866,301.531 CVT New CNG Buses (15) Expenses Administration (0100) Professional Services (0800) General Vehicle Inspections (0801) Vehicle Procurement (1300) Project Contingency Total $10,000 $2,000 $12,000 $4,900,000 $71,000 $4,995,000 Schedule Specifications Development Advertise and Award Procurement and Delivery Acceptance and Closeout Feb-98 May-98 Nov-99 Jul-OO May-98 Nov-98 Jul-OO Nov-OO JOINTBUS4Q.JCODLI..Xl..S 11/IMll //~7v