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HomeMy WebLinkAboutCC Resolution 11033 (Bus Pad Rehabilitation)RESOLUTION NO. 11033 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY TO ENTER INTO A PASS THROUGH AGREEMENT WITH THE GOLDEN GATE BRIDGE, HIGHWAY AND TRANSPORTATION DISTRICT FOR BUS PAD REHABILITATION AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT WHEREAS, Lincoln Avenue between Hammondale Court and Irwin Street will be rehabilitated this summer; and WHEREAS, bus pads located on Lincoln Avenue and in the Canal District require rehabilitation; and WHEREAS, it is advantageous to rehabilitate the bus pads on Lincoln Avenue during construction and in the Canal District for similar work; and WHEREAS, City staff will prepare the plans and specifications to perform the bus pad rehabilitation as part of the City's "Lincoln Avenue Rehabilitation" Project; and WHEREAS, Golden Gate Bridge, Highway and Transportation District (GGBHTD) will reimburse the City through grant funds from the Federal Transit Administration and its local funds; and WHEREAS, a Pass Through Agreement has been prepared between the City and GGBHTD for this purpose shown as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Rafael approves the Agreement between the GGBHTD and the City of San Rafael for thirteen bus pad rehabilitation; and BE IT FURTHER RESOLVED that the City Manager be authorized to execute the Agreement; and BE IT FURTHER RESOLVED that the Director of Public Works is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on Monday, the 18`h day of March, 2002, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEAME M. LEON INI�Clerk File No.: 16.01.199 FTA Pass Through Agre -nt EXHIBIT "A" GGBHTD/City of San Rafael FTA GRANT NO. CA -90-X676 AGREEMENT WITNESS: This Agreement has been entered into by and between the GOLDEN GATE BRIDGE, HIGHWAY AND TRANSPORTATION DISTRICT (hereinafter "GGBHTD") and the City of San Rafael (hereinafter "Subgrantee") for the undertaking of: Bus Stop Improvements (hereinafter "Project") WHEREAS, Subgrantee desires to refurbish thirteen bus stops serving Golden Gate Bridge, Highway and Transportation District buses on Lincoln Avenue and in the Canal District in the City of San Rafael; and WHEREAS, grant funds are available from the Federal Transit Administration ("FTA") and state/local match sources to implement said Project; and WHEREAS, under applicable FTA grant requirements, only an eligible recipient may serve as the direct recipient of the federal funds and enter into a formal grant contract with FTA; and WHEREAS, applicable FTA regulations permit a grantee to pass FTA funds through to another agency to carry out the purposes of the grant agreement provided that the recipient enters into a written agreement with the subrecipient passing through the grant requirements to the subrecipient; and WHEREAS, GGBHTD and Subgrantee desire to enter into a formal contract pursuant to which the aforementioned FTA and related local match grant funds for implementation of the Project will be passed through GGBHTD to Subgrantee. NOW, THEREFORE, IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: FTA Pass Through Agreemcnt GGBHTD/City of San Rafael TERMS AND CONDITIONS The Project shall be undertaken and accomplished in accordance with the terms and conditions specified herein or contained in the Appendices named below, which are attached hereto and by reference incorporated herein. Appendices A and A-1 contain general provisions applicable to this Agreement. Appendix B identifies the Project manager and describes the scope of work for the Project. Appendix C contains the Project Budget, by line item, and identifies the funding sources. The effective date of this Agreement shall be March 18, 2002 . The Project shall be completed on or before December 31, 2002. The total of all expenses incurred in performance of this contract shall not exceed the sum of Eighty Thousand Dollars ($80,000). Federal and state/local matching funds not to exceed Eighty Thousand Dollars ($80,000) are currently available for expenditure under this Agreement, which funds may not be expended until issuance of a Notice to Proceed by GGBHTD. IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto: GOLDEN GATE DGE, HIGHWAY AND TRA NSORT TION DISTRICT By: President of the Board FTA Pass Through Agrea at GGBHTD/City of San Rafael APPENDIX A GENERAL PROVISIONS 1. General: Subgrantee shall comply with any and all laws, statutes, ordinances, rules, regulations or requirements of the federal, state or local government, and any agency thereof, which relate to or in any manner affect the performance of this Agreement. 49 CFR Part 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," Circular 4220.1D of the Federal Transit Administration (FTA), and the Federal Transit Administration Master Agreement (Form FTA MA(8), October 1, 200 1) are each incorporated herein by reference as though set forth in full, and shall govern this Agreement except as otherwise provided herein. Those requirements imposed upon GGBHTD as "grantee" or "recipient" are hereby imposed upon Subgrantee, and those rights reserved by DOT, FTA or Government are hereby reserved by GGBHTD. 2. Accomplishment of the Proiect: Subgrantee shall accomplish this Project in a timely and satisfactory manner, in conformance with the work program and project budget contained in the appendices hereto, and in compliance with the terms and conditions contained herein. Subgrantee may accomplish all or any portion of the project by procurement through subcontractors in accordance with 49 CFR Section 18.36 and FTA Circular 4220.1 D. Subgrantee shall furnish GGBHTD with copies of any subcontract to this Agreement, or amendments thereto, in amounts exceeding One Hundred Thousand Dollars ($100,000). 3. Financial Management a. Accounts: In conducting accounting activities, Subgrantee shall comply with provisions contained in 49 CFR Part 18. b. Funds: GGBHTD will provide FTA and related match funds to cover expenses incurred in the performance of this Agreement up to the amount specified in Appendix C, Project Budget. C. Allowable Costs: GGBHTD shall reimburse Subgrantee for those services and expenses required to perform the work in accordance with the project budget as described in Appendix C. Reimbursement shall be in accordance with the cost principles set forth in Office of Management and Budget ("OMB") Circular A-87, Revised, "Cost Principles Applicable to Grants and Contracts with State and Local Governments. d. Record Retention: Subgrantee shall retain intact and accessible all data, documents, reports, records, contracts and supporting materials relating to the Project ("Records") during the course of the Project and for three years thereafter. If any litigation, claim, negotiation, audit or other action related to the Project is started before the end of said three-year period, Subgrantee shall retain Records for three years after completion and resolution of the action and all issues related to it. e. Access to Records: Upon request, Subgrantee agrees to permit authorized representatives of the Federal Transportation Agency and of the Comptroller General of the United States to inspect all Project work, materials, payrolls, and other data, or other books, records, and accounts of the Recipient and its contractors pertaining to the Project in order to FTA Pass Through Agree. .it GGBHTD/City of San Rafael perform audits, make examinations, excerpts, or transcripts. In accordance with 49 U.S.C. § 5325(a), the Subgrantee agrees to require each third party contractor whose contract award is not based on competitive bidding procedures to permit authorized representatives of the Federal Transportation Agency and of the Comptroller General of the United States to inspect all work, materials, payrolls, and other data and records involving that third party contract and to audit the books, records, and accounts involving that third party contract as it affects the Project. L Audit: Subgrantee will provide thorough and complete accounting for all funds expended in the performance of this work, to the extent that such funds are provided by GGBHTD as set forth in Section 3 of this Agreement, consistent with 49 Code of Federal Regulations, Part 18.37(b). Subgrantee shall be responsible for meeting audit requirements of the Single Audit Act Amendments of 1996, 31 U.S.C. §§ 7501 et. sec ., in accordance with OMB Circular A-133, "Audits of States, Local Governments, and Non -Profit Organizations," and any revision or supplement thereto. Subgrantee shall annually submit to GGBHTD one copy of its audit completed in accordance with the above-described single audit requirements within 30 days after completion of the audit, but not later than one year after the end of the audit period. 4. Proiect RenortinLy a. Narrative ProLyress Report: Subgrantee shall prepare a narrative progress report covering accomplishments during regular three-month periods. These periodic reports shall contain a narrative description of the following information: specification preparation; bid solicitation; resolution of any protests; any contract awards; work completed during the period; tasks expected to be performed during the next period; and explanations of problems or delays encountered or anticipated. The three-month reporting periods shall end December 31, March 31, June 30 and September 30. The narrative progress reports shall be delivered to GGBHTD within fifteen (15) calendar days after the end of each reporting period. b. Financial Report: Subgrantee shall prepare a financial report covering the same reporting periods specified in 4.a. above. These reports shall include, but not be limited to, a balance sheet and a project expenditure statement by line item code. Financial reports shall be delivered to GGBHTD fifteen (15) calendar days after each three-month period and shall be current. 5. Requisitions: Subgrantee shall prepare requisitions for reimbursement for services performed and/or expenses incurred under this Agreement. Such requisitions shall be signed by Subgrantee's Chief Financial Officer, or equivalent, or a designated representative thereof. Subgrantee shall maintain records of payroll distribution, receipted bills, and such other documentation as may be reasonably required by GGBHTD. Requisitions shall be accompanied by supporting documentation. If a requisition includes payment for work performed under subcontract, copies of the contractor invoices and proof of payment shall be enclosed. 6. Pavment: GGBHTD shall make payments to Subgrantee within thirty (30) days of receipt of a requisition from Subgrantee satisfying the terms of this Agreement and the subsequent receipt of funds by GGBHTD from the FTA following GGBHTD's immediate request for reimbursement by the FTA. FTA Pass Through Agrees A GGBHTD/City of San Rafael 7. Prosect Pronertv: Subgrantee agrees to comply with the property management standards of 49 CFR Sections 18.31-18.34 and Section 19 of the FTA Master Agreement. 8. Changes: From time to time, circumstances or conditions may require changes to this Agreement. Changes which are mutually agreed upon between Subgrantee and GGBHTD shall be incorporated in written amendments to this Agreement. 9. Termination: GGBHTD may terminate this Agreement, for cause upon five (5) working days' prior written notice mailed or personally delivered to Subgrantee, and the Subgrantee's failure to cure or correct the cause of the termination, to the reasonable satisfaction of GGBHTD within such five (5) working days time period. In the event of termination, Subgrantee shall submit a requisition to GGBHTD, and GGBHTD shall pay to Subgrantee, an amount sufficient to cover the costs incurred by Subgrantee in full accordance with the terms and conditions of this Agreement up to the effective date of termination. 10. Indemnification: Subgrantee shall defend, indemnify and hold harmless GGBHTD, its Board members, representatives, agents, officers and employees from and against all claims, injury, suits, demands, liability, losses, damages and expenses, whether direct or indirect (including any and all costs and expenses in connection therewith), incurred by reason of any act or failure to act of Subgrantee, its officers, employees or agents, or subgrantees or any of them in carrying out this Agreement. GGBHTD shall defend shall defend, indemnify and hold harmless Subgrantee, its representatives, agents, officers and employees from and against all claims, injury, suits, demands, liability, losses, damages and expenses, whether direct or indirect (including any and all costs and expenses in connection therewith), incurred by reason of any act or failure to act of GGBHTD, its officers, employees or agents, in carrying out GGBHTD's obligations under this Agreement 11. Additional Federal Clauses: Those federally -funded clauses set forth in Appendix A-1, attached hereto and incorporated herein by this reference, apply to this Agreement. Appendix A- 1 is not meant to be an exhaustive list of federal clauses that apply to this Agreement. FTA Pass Through Agree. nt GGBHTD/City of San Rafael APPENDIX A-1: FEDERAL REOUIREMENTS I. Civil Rights A. Equal Employment Opportunity B. Title VI C. Disadvantaged Business Enterprise (DBE) D. Access Requirements for Individuals with Disabilities II. Preference for United States Products and Services A. Buy America B. Cargo Preference C. Fly America III. Employee Protections: Construction A. Davis -Bacon Act B. Contract Work Hours and Safety Standards Act C. Copeland Anti -Kickback Act D. Employee Protections IV. Design and Construction A. Utility Relocation B. Seismic Standards V. Developmental Work A. Rights in Data B. Patent Rights VI. Environmental Requirements A. State Energy Conservation Plan B. Clean Air and Water Pollution Acts FTA Pass Through Agree_ nt GGBHTD/City of San Rafael I. CIVIL RIGHTS A. Equal EmDlovment ODDortunity: In the performance of services under this Agreement, Subgrantee shall not discriminate or permit discrimination against any person or group of persons on the grounds of race, religious creed, color, national origin, ancestry, age, physical handicap, medical condition, marital status or sex, in any manner prohibited by federal, state or local laws. Subgrantee shall comply with Department of Labor Regulations at 41 C.F.R. Parts 60 et. seq., which implement Executive Order 11246 as amended by Executive Order 11375. Subgrantee shall take affirmative actions to ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, sex, color or national origin. Such actions shall include, but not be limited to, the. following: employment; upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Subgrantee agrees to include these requirements in its contracts, and to require its contractor(s) to include these requirements in any subcontract, except subcontracts for standard commercial supplies or raw materials. B. Title VI: Subgrantee agrees to comply, and to assure compliance by its contractor(s), with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d) and the regulations of the U.S. Department of Transportation issued thereunder, 49 CFR Part 21, incorporated herein by reference. C. Disadvantaged Business Enterurises (DBE): Subgrantee shall comply with the GGBHTD's Revised Disadvantaged Business Enterprise (DBE) Program pursuant to the federal requirements of 49 CFR Part 26 if the total amount of this agreement exceeds Two Hundred Fifty Thousand.Dollars ($250,000.00). Subgrantee shall ensure non-discrimination on the basis of race, color, sex, or national origin in the award and administration of FTA -assisted contracts. The GGBHTD's DBE Program requirements are specified in the Diversity Program for Contracts, available in the GGBHTD's DBE Program Office ("Office"). Annual overall goals for DBE participation in GGBHTD U.S. D.O.T.-assisted contracts are established by GGBHTD's Board of Directors on a fiscal year basis. These goals reflect the availability of willing and able DBEs that would be expected to participate in GGBHTD contracts absent the effects of discrimination. The goals are calculated as a percentage of the total amount of U.S. D.O.T. funds that the GGBHTD expects to expend on contracting opportunities during the fiscal year. The annual overall goal for FTA -assisted contracts for FY 2001-2002 is 8%. If the total amount of this agreement exceeds Two Hundred Fifty Thousand Dollars ($250,000.00), Subgrantee shall include DBE Program requirements in the FTA -assisted contracts it awards and shall take all appropriate steps to encourage the participation of DBEs, including consulting with the GGBHTD's outreach officer, Aida Caputo, at (415) 257-4538. The Office shall make available to Subgrantee and its bidders the DBE Database of all DBE firms certified to participate in the GGBHTD's DBE Program as a resource to assist Subgrantee and its bidders in soliciting bids and subbids from potential contractors, subcontractors, and FTA Pass Through Agree at GGBHTD/City of San Rafael suppliers. The DBE Database does not in any way prequalify the certified firms with respect to licensing, bondability, competence or financial responsibility. The Office also maintains a list of organizations that promote DBE participation in contracts which will be provided upon request. D. Access Requirements For Individuals With Disabilities: Subgrantee agrees to comply with all applicable requirements of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. § 12101 et seq.; Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794; Section 16 of the Federal Transit Act, as amended, 49 U.S.C. § 5310(f); and their implementing regulations. II. PREFERENCE FOR UNITED STATES PRODUCTS AND SERVICES A. Buv America Requirements Buy America - Subgrantee's contractor(s) must agree to comply with 49 U.S.C. § 53230) and 49 CFR Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA -funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver, listed in 49 CFR 661.7. B. Cargo Preference Requirements Subgrantee agrees to ensure that its contractors will comply with 46 U.S.C. § 1241 and 46 CFR Part 381, regarding use of United States -Flag Vessels for equipment, materials or commodities transported by ocean vessel. C. Flv America Subgrantee agrees to ensure that its contractors will comply with 49 U.S.C. § 40118 and 41 C.F.R. §§ 301-131 through 301.143, regarding the use of United States -Flag Air Carriers for the international air transportation of any persons involved in, or property acquired for, the Proj ect. III. EMPLOYEE PROTECTIONS: CONSTRUCTION A. Davis -Bacon Act Subgrantee agrees to include applicable provisions of the Davis -Bacon Act, as amended, 49 U.S.C. § 5333(a), the Davis -Bacon Act, 40 U.S.C. §§ 276a - 276a(7), and Department of Labor Regulations, 29 CFR Part 5 in all construction contracts in excess of $2,000. FTA Pass Through Agree at GGBHTD/City of San Rafael B. Contract Work Hours And Safety Standards Act Subgrantee agrees to include applicable provisions of the Contract Work Hours and Safety Standards Acts, 40 U.S.C. §§ 327-333, and implementing Department of Labor Regulations, 29 C.F.R. Part 5, in all construction contracts in excess of $2,000 and in all turnkey, rolling stock, and operational contracts (excluding contracts for transportation services) in excess of $2,500. C. Copeland Anti -Kickback Act Subgrantee agrees to ensure that all third -party contractors and subcontractors AM construction contracts comply with Copeland Anti -Kickback Act (40 U.S.C. § 276c (1995); 29 C.F.R. § 3 (1995); 29 C.F.R. § 5 (1995)). D. Employee Protections Subgrantee agrees to comply with the requirements of 49 U.S.C. § 5333 (b) and 29 C.F.R. Part 215 and agrees to ensure that it maintains a fair and equitable labor protection agreement with transportation related employees in the service area of the project. IV. DESIGN AND CONSTRUCTION A. Utility Relocation If Subgrantee relocates and/or rearranges privately or publicly owned utilities as part of the Project, Subgrantee shall execute a Utility Relocation Agreement with the entity responsible for the facilities prescribing the procedures for the relocation and/or rearrangement of the facilities for the purpose of accommodating the Project. B. Seismic Standards Subgrantee agrees to comply with the seismic design and construction requirements as may be applicable to the Project under 49 C.F.R Part 41. V. DEVELOPMENTAL WORK A. Riehts in Data Subgrantee shall ensure, in accordance with 49 C.F.R. § 18.34 and 49 C.F.R. § 19.36, that the Federal Government reserves a royalty -free, non-exclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, for "Federal Government purposes," any Project data or copyright as defined in the FTA Master Agreement. B. Patent Riehts If any invention, improvement, or discovery is conceived or first actually reduced to practice in the course of or under the Agreement to which this Appendix has been added, and that invention, improvement, or discovery is patentable under the laws of the United States of FTA Pass Through Agree at GGBHTD/City of San Rafael America or any foreign country, Subgrantee agrees to take actions necessary to provide immediate notice and a detailed report to GGBHTD and to take the necessary actions to provide, through FTA, those rights in that invention due the Federal Government as described in U.S. Department of Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and Small Business Finns Under Government Grants, Contracts and Cooperative Agreements," 37 C.F.R. Part 401. VI. ENVIRONMENTAL REQUIREMENTS A. State Enerev Conservation Plan Subgrantee shall comply with all mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan in compliance with the Energy Policy and Conservation Act, 42 U.S.C. §§ 6321 et. sgq., and shall require its contractor(s) to comply with these provisions. B. Clean Air And Water Pollution Acts Subgrantee agrees to comply with the applicable requirements of all standards, orders, or requirements issued under the Clean Air Act, 42 U.S.C. §§ 7501 et. seg., the Clean Water Act, 33 U.S.C. §§ 1251 et. sec ., Executive Order 11738, and Environmental Protection Agency regulations, 40 C.F.R. Part 15, and shall require its contractor(s) to comply with these provisions. FTA Pass Through Agree. it GGBHTD/City of San Rafael APPENDIX B WORK PROGRAM Proiect Manazer: The Project shall be conducted and administered by Subgrantee under the direction of the David M. Bernardi, Director of Public Works, who shall serve as the Project Manager. Project Manager: Scope of Work: David M. Bernardi Director of Public Works City of San Rafael 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915 Subgrantee will refurbish thirteen bus stops on Lincoln Avenue in the City of San Rafael as follows: BUS PAD LOCATION WORK Replace 75' x 7' asphalt concrete, 75' curb and gutter, 24' sidewalk 1. Northbound at Grand Replace 40' x 7' asphalt concrete 2. N/B at Wilson Ct. Replace 40' x 10' asphalt concrete and 20' curb 3. Southbound at Grand Replace 75' x 5' asphalt concrete and 75' curb and 40' sidewalk 4. S/B at Paloma Replace 40' x 5' asphalt concrete, 40' curb and gutter 5. NB at Paloma Replace 40' x 5' asphalt concrete, 40' curb and gutter and sidewalk 6. SB at Mission Replace 75' x 5' asphalt concrete, 50' curb and gutter 7. NB at Mission Replace 75' x 10' asphalt concrete , 75' curb and gutter 8. NB at Linden Replace 75' x 7' asphalt concrete, 75' curb and gutter and refurbish five bus stops in the Canal District in the City of San Rafael as follow: 9. S/B Medway at Mill Replace 75' x 7' asphalt concrete, 75' curb and gutter, 24' sidewalk 10. N/B Medway at Canal Replace 37' x 5' asphalt concrete, 37' curb, gutter and sidewalk 11. Eastbound Canal at Novato Replace 132' x 8' asphalt concrete, 67' curb and gutter 12. Westbound Canal at Novato Replace 67' x 9' asphalt concrete, 47' curb and gutter, 8' sidewalk 13. SB Kerner at Marian Replace 40' x 5' asphalt concrete, 40' curb and gutter FTA Pass Through Agree at GGBHTD/City of San Rafael APPENDIX C PROJECT BUDGET Line Item Budget Construction $80,000.00 Source of Funds Federal Transit Admin. $70,800.00 State/Local Match $ 9.200.00 Total $80.000.00 Esther Beirne From: Eric Davis Sent: Monday, May 12, 2003 10:52 AM To: Jeanne Leoncini Subject: GGB&HTD Amendment to Agreement Jeanne: Confirming our discussion, I have approved the execution by the City Manager of the 5/2/03 Amendment of the Agreement with the GGB&HTD, without going back to the City Council. Since this Amendment only increases the payment to the City (for bus pad improvements on Lincoln and in the Canal area) from $80,000 as provided in the 5/18/02 Agreement approved by Resolution 11033, to $90,072.39, and involves no increased obligations by the City, I believe it would be an unnecessary formality to take this back to the City Council. If you have any questions, please let me know. 1 FTA Pass Through Agreement (First Amendment) GGBHTD/City of San Rafael FTA GRANT NO. CA -90-X676 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT is made and entered into as of this 2nd day of May, 2003 in the State of California, by and between the GOLDEN GATE BRIDGE, HIGHWAY AND TRANSPORTATION DISTRICT (hereinafter "GGBHTD") and the CITY OF SAN RAFAEL (hereinafter "Subgrantee") WHEREAS, on March 18, 2002, GGBHTD and Subgrantee entered into an Agreement whereby Federal Transit Administration (hereinafter "FTA") grant funds would be passed through GGBHTD to Subgrantee for implementation of Bus Stop Improvements on Lincoln Avenue and in the Canal District in the City of San Rafael (hereinafter "Project"); and WHEREAS, actual construction costs of the Project were slightly higher than originally estimated or provided for in the Agreement; and WHEREAS, grant funds are available to reimburse Subgrantee for these additional costs; and WHEREAS, both parties hereto desire to modify the terms and conditions of the Agreement to amend the Project Budget (Appendix C) and total compensation provisions accordingly. NOW, THEREFORE, IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: Terms and Conditions, the second paragraph, third and fourth sentences of the Agreement are replaced with the following: "The total of all expenses incurred in performance of this contract shall not exceed the sum of Ninety Thousand Seventy Two Dollars and Thirty Nine Cents (90,072.39). Federal and state/local matching funds not to exceed Ninety Thousand Seventy Two Dollars and Thirty Nine Cents (90,072.39) are currently available for expenditure under this Agreement." FTA Pass Through Agreement (First Amendment) GGBHTD/City of San Rafael 2. Appendix C to the Agreement is hereby replaced with Appendix C-1, Amended Project Budget, attached hereto and incorporated herein by this reference. Appendix C-1 identifies the funding sources, and describes the Project Budget by line item. Except as expressly modified by this First Amendment to Agreement, all terms and conditions contained in the aforementioned Agreement dated March 18, 2002, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement by their duly authorized officers as of the day and year first above written. GOLDEN GATE BRIDGE, HIGHWAY AND TRANSPORTATION DISTRICT By: Celia G. Kupersmith, General Manager CITY OF SAN RAFAEL By: Rod Gould, City Manager ATTEST: By: A. City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: By: By: Attorney for the District Attorney for City of San Rafael 2 FTA Pass Through Agreement (First Amendment) GGBHTD/City of San Rafael APPENDIX C-1 AMENDED PROJECT BUDGET Line Item Budeet Construction $90,072.39 Source of Funds Federal Transit Admin 75,850.90 State/Local Match 14,221.49 Total $90,072.39 C-1