Loading...
SR-03-28-1978-6ISanta Monica, California, March 16, 1978 MAR 2 9 1£379 TO: Mayor and City Council F FROM: City Staff j� SUBJECT: APPROVAL OF A CONTRACT WITH THE FEDERAL URBAN MASS TRANSPORTATION ADMINISTRATION(UMTA) AMENDING A PREVIOUS' GRANT RECEIVED BY THE CITY Introduction Recently the City received bids for transit buses and firmed up prices for the installation of a fare collection system. Both amounts are greater than the ones listed in the original UMTA grant assistance contract. This staff report requests approval of an amended assistance contract with UMTA to cover the additional costs. Background On August 10, 1976, the City Council approved a grant contract with UMTA to assist the City in purchasing fifteen(15) diesel transit buses, one hundred two(102) fareboxes, twenty- five(25) farebox pedestals and an automatic fare collection system. The radio system has been purchased and installed, but the prices for both the buses and the fare collection system, including fareboxes, exceed the amounts programmed in the original contract. In light of these higher prices, the Transportation Department submitted a request to UMTA to increase the federal portion of the project budget by $412,266 to $2,010,188. UMTA approved Santa Monica's amendment of January 31, 1978 and forwarded the attached grant contract to the Southern California Association of Covernments(SCAG) for their approval. We have received this approval. IN MAR 2 8 1978 To: Mayor and City Council Page 2 Alternatives 1. The City can decide to reject the contract. The purchase of several buses or the fare collection system would have to be foregone and the older equipment retained. 2. The City can decide to authorize the City Manager to execute the amended contract. This would allow the City to use the federal grant to assist in purchasing the fifteen transit buses and the fare collection system; Recommendation The City staff recommends that the City Council authorize the City Manager to execute the attached amended contract pertaining to project no. CA -05 -0016. This will allow the City to receive the additional federal assistance for the purchase of fifteen new transit buses and the fare collection system. Prepared by: Jack Hutchison Bob Ayer RllCITI_.. ®. __.ti.......ti.... 600 Louth Commonwealth Avenue ®fuite 1000 . Lof Angelef. California . 90005 •213/385 -1000 RESOLUTION OF THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS RATIFYING THE SIGNING AND AUTHORIZING THE ACCEPTANCE OF AN UMTA CONTRACT FOR PROJECT CA -05- 0016 -01 WHEREAS, Section 5 of the National Mass Transportation Assistance Act of 1974 provides funds for operating assistance for transit operators; and WHEREAS, the process for obtaining said assistance require that a designated recipient be named in the urbanized area where the funds will be used; and WHEREAS, the Southern California Association of Governments (SCAG) has been named as the Designated Recipient in the Los Angeles - Long Beach urbanized area; and WHEREAS, the City.of Santa Monica has applied for funds under the Section 5 Program in the Los Angeles - Long Beach urbanized area; and WHEREAS, SCAG acting as Designated Recipient is assigned certain responsibilities in overseeing the project; and WHEREAS, it is possible to assign the responsibility directly to the grantee; NOW THEREFORE, BE IT RESOLVED that the Executive Committee of SCAG accepts the UMTA Contract for Project CA-05- 0016 -01, and BE IT FURTHER RESOLVED that SCAG, as the recipient designated in accordance with Section 5 of the Urban Mass Transportation.Act of 1974, as amended, hereby agrees to permit the City of Santa Monica to receive and dis- pense the federal funds described in this contract provided that SCAG is not in any manner subject to or responsible for the terms and conditions of this grant; and BE IT FURTHER RESOLVED that the SCAG Executive Committee ratifies the signing of the contract by the Executive Director. Passed and Adopted by the Executive Committee of the Southern California Association of Governments, this 2nd day of March, 1978. ATTEST: / Dennis Hansberger� Pre ids Mark Pisano, Executive Director URBAN MASS TRANSPORTATION SECTION FIVE CAPITAL GRANT CONTRACT- PART I Project No. Amendment No. 1 CA -05 -0016 ,DBSIGNATED RECIPIENT:.__ Southern California Association of Governments (SCAG) GRANTEE: City of Santa Monica - 14ASS TRANSPORTATION SYSTEM: City of Santa Monica ESTIMATED NET PROJECT COST: Two Million, Five Hundred Twelve Thousand, Seven Hundred Thirty -Five Dollars ($2,512,735). FEDERAL SHARE: Two Million, Ten Thousand, One Hundred Eighty - Eight Dollars ($2,010,188). DATE OF 13(c) CERTIFICATION LETTER FROM THE DEPARTMENT OF LABOR: May 12, 1976 PROJECT DESCRIPTION: Purchase of 15 new 40' air - conditioned diesel transit buses; Purchase and installation of communications equipment including: 127 two -way radios, 2 walkie- talkie 1 base station /receiver 1 console Purchase and installation of revenue collection system .including: 101 fareboxes, 25 farebox pedestals, 1 revenue vacuum unit Purchase of one two -ton forklift; and Indirect costs and grant administration. The parties named above agree that the Urban Mass Transportation Capital Grant Contract entered into on May 12, 1976, is amended as set forth above. Page 1 of 9 .I THIS CONTRACT, effective on the date herein below specified, by and between the United States of America (the "Government ") and the Grantee named on page one of this Grant Contract, WITNESSETH: In consideration of the mutual covenants, promises, and representations herei_n,,the parties hereto agree as follows: Sec. 1. Purpose of Contract - The purpose of this Contract is to provide for the undertaking of an urban mass transportation capital improvement project (herein called the "Project "), with Government financial assistance to the Grantee in the form of a capital grant (the "Grant "), under Section 5 of the Urban Mass . Transportation Act of 1964, as amended, (the "Act "), and to state the terms and conditions upon which such assistance will be provided and the manner in which the Project will be undertaken and completed and the Project equipment used. Sec. 2. The P�ect - The Grantee agrees to undertake and complete the Project, and to provide for the use of Project equipment, substantially as described in its Application, here- with incorporated by reference, filed with and approved by the Government, and in accordance with the terms and conditions of this Contract. The "Project Description" on page one of this Grant Contract describes the Project to be funded under this Contract. Sec. 3. The Grant - In order to assist the Grantee in f-inanc.ing that portion of the total cost of the Project which the Department of Transportation (DOT) has determined cannot reasonably be financed from revenues -of the public transportation system in which 4he Project equipment is to be used (herein called the "'blot .v o ect cost"), such Net Project Cost being estimated to be that amount described on page one of this Grant Contract, the Government will make a Grant in an amount equal to 80% of the actual Net Project Cost, as determined by DOT upon completion of the Project, or in the amount designated as Federal Share on page one of this Grant Contract, whichever is the lesser. The obligation of the Government to make Federal Grant payments in any fiscal year shall not exceed the amount provided in the Project Budget for the fiscal year in which requisitions therefor are submitted. Sc 12/77 Page 2 of 9 The Grantee agrees that it will provide from sources other than (a) Federal funds, (b) receipts from the use of the Project equipment, or (c) revenues of the public transportation system in which such equipment is used, funds in the amount sufficient, together with the Grant to assure payment of the actual Project Cost. The Grantee further agrees that no refund or reduction of the amount so provided will be made at any time, unless there is at the same time a refund to the Government of a proportional amount of the Grant. Sec. 4. Maintenance of Effort - The Grantee agrees that the Federal financial assistance provided pursuant to this Grant Contract will be supplementary to and not in substitution for the average amount of State and local government funds and other transit revenues, as defined in guidelines or regulations issued by UMTA, expended on the operation of mass transportation service in the area involved for the two fiscal years preceding the fiscal year for which the funds are made available. Any failure on the part of the Grantee to comply with this Section shall be deemed a violation of the terms of this Contract, and the Government may in its discretion take either or both of the following actions: (a) terminate all of the financial assist- ance provided pursuant to this Grant Contract; and (b) require the Grantee to return to the Government any financial assistance provided pursuant to this Grant Contract. Sec. 5. Use of Project E ui ment - The Grantee agrees that the Project equipmen t shall be used for the provision of mass transportation service within its urban area substantially as described in the Project Description for a period from the date of purchase of 10 years in the case of items of equipment costing less than $50,000 and for a period from the date of construction or installation of 20 years in the case of facilities or items of equipment costing $50,000 or more. If, during such period, any Project equipment is not used in this manner or is withdrawn from mass transportation service, the Grantee shall immediately notify the Government and shall remit to the Government a pro- portional amount of the fair market value, if any, of such property (determined on the basis of the ratio of the Grant made by the Government to the actual total cost of the Project). For the purpose of this Section, the fair market value shall be deemed to be the value of the property as determined by competent appraisal. conducted as soon after such withdrawal or misuse occurs as feasible or the actual proceeds from the public.sale of such property, whichever is approved by UMTA. Page 3 of 9 5 C 12/77 b The Grantee shall keep satisfactory records with regard to the use of the property and submit to the Government upon request such information as is required in order to assure compliance with this Section and shall immediately notify UMTA in all cases where Project equipment is used in a manner substantially different from that described in the Project Description. The Grantee shall maintain in amount and form satisfactory to the Government such insurance or self- insurance as will be adequate to protect Project facilities and /or equipment throughout the period of required use. The cost of such insurance shall not be an item of allowable cost. The Grantee shall also submit to the Government at the beginning of each calendar year during such period, a certification that the Project equipment is still being. used.in accordance with the terms of this Section and that no part of the local contribution to the cost of the Project has been refunded or reduced. Sec. 6. Labor Protection - The Grantee agrees to undertake, carry out, and complete the Project under the 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 meeting the requirements of Section 13(c) of the Act. These terms and conditions are specified in the letter of certification to the Government from the Department of Labor on the date indicated on page one of this Grant Contract, which letter is incorporated into this Grant Contract by reference. Sec. 7." Compliance with Environmental Standards - The Grantee shall c mo ply' with the provsicns cf the Clean Air Act as amended (42 U.S. { 1857 et seq.); the Federal.Water Pollution Control Act, as a- :: =r.ded (33 U.S.C. § 1251 et se q.); and imp_le -. meeting regulatio.S issued by the Environmental. Protection Agency, in the facilities which are involved in the Project for which Federal assistance is given in this Grant. Sec. 8. The Grant Contract - This Contract consists of this Part I entitled Urban Mass Transportation Capital Grant Contract and Form UMTA P 5, dated 4/27/77 , entitled Urban Mass Transp- ortation Grant Contract, Part II, Terms and Conditions. The Project Description and the latest approved Project Budget are incorporated herein by reference. Amendments to any of these documents shall.require a formal amendment to this Contract, except that reallocations of funds among budget items or fiscal years which do not increase the total amount of the Federal Grant shall only require prior authorization from UMTA and the issuance of a new Project Budget. Sec. 9. compliance with Elderly and Handicapped Regulations- The Public Body shall insure that all fixed facility construction or alteration and all new equipment included in the Project comply with applicable provisions of 49 CPR Part 609 -- Transportation for Elderly and Handicapped Persons. 5 C 12/77 Page 4 of 9 6 Sec. 10. Minority Business Enterprise - In connection with the performance of this Contract, the Grantee will provide for the maximum utilization of minority business enterprises and will use its best efforts to insure that minority business enter- prises shall have the maximum practicable opportunity to compete for contract and subcontract work under this Contract. Sec. 11. �Pecial Conditions A. The Grantee agrees and assure that the rates charged elderly and handicapped persons during nonpeak hours for trans - portation utilizing or involving the facilities and equipment financed pursuant to this Grant Contract will not exceed one- half of the rates generally applicable to.other persons at peak hours, whether the operation of such facilities and equipment is by the applicant or is by another entity under lease or otherwise. B. The Grantee agrees that it or any operator of mass transportation for the Grantee, will not engage in charter bus operations outside of the urban area within which it provides regularly scheduled mass transportation service except in accordance with an agreement providing fair and equitable arrangements under the terms of Section 3(f) of the Act. Such agreement, when executed, shall be incorporated in this Grant by reference, and be in addition to the Secretary's contract remedies and rights contained herein. C. The Grantee agrees that it, or the operator of Project equipment, will not engage in school bus operations, exclusively for the transportation of students and school personnel, in competition with private school bus operators. It is understood that this subsection does not apply (1) to a Grantee which operates a school system in the area to be served and operates a separate and exclusive school bus operation for this school system, (2) where private school bus operators are unable to provide adequate transportation at reasonable rates, and in conformance with applicable safety standards, or (3) with respect to any State or local Public Body or agency thereof if it (or a direct predecessor in interest from which it acquired the function of so transporting schoolchildren and personnel along with the facilities to be used therefor) was so engaged in school bus operations any time during the twelve -month period' immediately prior to the enactment of Section 3(g) of the Act. A violation of this agreement shall bar the Grantee from receiving any other Federal financial assistance under the Act. 5C 12/77 Page 5 of 9 Sec. 12. Cargo Preference - Use of United States Flag Vessels (a) Pursuant to Pub. L. 664 (46 U.S.C. 1241(b)) at least 50 percent of any equipment, materials or commodities Procured, contracted for or otherwise obtained with funds granted, guaranteed,.loaned, or advanced by the U.S. Government under this agreement, and which may be transported by ocean vessel, shall be transported on privately -owned United States -flag commercial vessels, if available. (b) Within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments'originating outside the United States, a legible copy of a rated, "on - board" . commercial ocean bill -of- lading in English for each shipment or cargo described in paragraph (a) above shall be furnished to both the UMTA Administrator (through the prime contractor in the case of subcontractor bills -of- lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, D.C. 20230. (c) The Public Body agrees to insert the following clauses in all contracts let by the Public Body in carrying out the Project: Cameo Preference - Use of United States Flag Vessels The contractor agrees -- (1) To utilize privately owned United States -flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liner;, and 'tankers) involved, whenever shipping any equipme_t i;,- erial, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States -flag commercial vessels. (2) To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for Shipments originating outside the United States, a legible copy of a rated, "on- board" commercial ocean bill -of - lading in English for each shipment of cargo described in paragraph. (1) above to the UMTA Administrator and grantee (through the prime contractor in the case of subcontractor bills -of- lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, D.C. 20230. (3) To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this clause. 5C 12/77 Page 6 of 9 e Sec. 13. Offer and Acceptance (a) Execution of Contract - This Contract may be simul- taneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. (b) Offer - When dated and signed by the Government, this instrument shall constitute an offer which should be accepted by the Grantee by execution within sixty (60) days of such date. The Government may withdraw any offer not accepted within the above sixty -day period. Upon acceptance of the offer the effective date of the Contract shall be the date on which this offer was executed by the Government. The Government has duly executed this offer this _ day of IlU 19 BY ASSO ATE ADMINIS OR (c) Acceptance - The Grantee does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the Application and supporting materials submitted by it, and does hereby accept the Government's offer and agrees to all of the terms and conditions thereof. Executed this _ day of ATTEST TITLE AND ORGANIZATION 5C 12/77 Page 7 of 9 L77 TITLE AND ORGANIZATION 19 (d) Certificate of Grantee's Attorney S, , acting as Attorney for the Grantee do hereby certify that I have examined this grant contract and the proceedings taken by the Grantee relating thereto, and find that the acceptance of the Government's offer. by the Grantee has been duly authorized by the Grantee's action dated (a copy of which has been submitted to UMTA) and that the execution of this Contract is in all respects due and proper and in accord- ance with applicable State and local law and further that, in my opinion, said grant contract constitutes a legal and binding obligation of the Grantee in accordance with the terms thereof. . I further certify that to the best of my knowledge there is no legislation or litigation pending or threatened which might affect the performance of the Project in accordance with the terms of this Contract. Dated this day of 19 Signature Title and Organization 5C 12/77 Page 8 of 9 b Supplemental Agreement Section 5 of the act requires a designated recipient to enter into formal Section 5 project agreements, The Grantee under this Grant Contract has not been designated a recipient. Accordingly, the Southern California Association of Governments (SLAG), a recipient designated in accordance with the Act, hereby agrees to permit the Grantee under this Grant Contract to receive and dispense the Federal funds described in this Grant Contract. ° SCAG further agrees that the Grantee shall assume all respon sibilitias set forth in this Grant Contract. The Government and the Grantee under this Grant Contract hereby agree that SCAG is not in any manner subject to or responsible for the terms and conditions of this Grant, and is a party to this Grant Contract only to assign to the Grantee the right to receive and despense Federal funds as described above. Executed this JAS! 3 1 1978 day of ; 19 y Ir a -� n Ias ranspor i n A finis ra ion r ore S unhern aliforma Asss ocia -ion of Governments City of Santa Monica Page 9 of 9 Reference: Contract No. 2492 (CCS)