HomeMy WebLinkAbout5.D.1. Master Lease Agreement for Public Transit Vehicles 1
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I CITY OF SHAKOPEE
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Memorandum � � ; �r ., ;�
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I TO: Honorable Mayor and City Council
Mark McNeill, City Administrator
FROM: R. Michael Leek, Community Development Director
SUBJECT: Master Lease Agreement for Public Transit Vehicles (Draft Contract No.
111049)
MEETING DATE: January 3, 2012
INTRODUCTION:
The City of Shakopee operates its portion of the BlueXpress and the Circulator services
using vehicles that are part of the regional fleet controlled by the Metropolitan Council
(Met Council). Met Council has revised the Master Lease Agreement to include the
Regional Fleet Management Policies adopted by it in late 2010. It should be noted that
these policies were adopted over the objections of the suburban transit providers
(including Shakopee) which are members of the Suburban Transit Association (STA).
� DISCUSSION:
The Transit Advisory Commission (TAC) reviewed the draft agreement at its December
15, 2011, and has recommended that the Council approve execution of the agreement.
However, at staff's suggestion, the TAC has also recommended that, in transmitting the
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executed agreement, the City reiterate the City s(and indeed STA s) previous objections
to the Regional Management Policies, and ask that the Met Council work with STA to
collaboratively review, modify or repeal these policies.
ALTERNATIVES: I
1. Offer a motion authorizing the appropriate City officials to execute Contract No.
111049, a Master Lease Agreement by and Between the Metropolitan Council and
the City of Shakopee for Public Transit Vehicles, as presented, and directing staff to I
communicate again in writing the City's objections to current transit related policies
and requesting that they be collaboratively reviewed with members of the STA.
2. Offer a motion directing staff to communicate desired changes to the Met Council �
prior to the execution of Contract No. 111049, a Master Lease Agreement by and
Between the Metropolitan Council and the City of Shakopee for Public Transit
Vehicles. �
� 3. Table the item with direction for additional information.
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ACTION REQUESTED:
Offer a motion authorizing the appropriate City officials to execute Contract No. 111049,
a Master Lease Agreement by and Between the Metropolitan Council and the City of
Shakopee for Public Transit Vehicles, as presented, and directing staff to communicate
again in writing the City's objections to current transit related policies and requesting
that they be collaboratively reviewed with members of the STA.
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R. Michael Leek
Community Development Director
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CITY OF SHAKOPEE
Memorandum
TO: Shakopee Transit Advisory Commission (TAC)
FROM: R. Michael Leek, Community Development Director
SUBJECT: Master Lease Agreement for Public Transit Vehicles (Draft Contract No.
111049)
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MEETING DATE: December 15, 2011 I
INTRODUCTION: �
The City of Shakopee operates its portion of the BlueXpress and the Circulator services
using vehicles that are technically part of the regional fleet controlled by the
, Metropolitan Council (Met Council). Met Council has revised the Master Lease
Agreement to include the Regional Fleet Management Policies ado ted b it in '
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September of 2010. It should be noted that these policies were adopted over the
objections of the suburban transit providers (including Shakopee) which are members of
the Suburban Transit Association (STA). At this point it seems to staff that the City has
� little in the way of options other than to accept the current agreement. However, staff I
believes that it would be desirabl '' �
e to reiterate the Cit
y s(and indeed STA s) previous I
' objections to the Regional Management Policies, and ask that the Met Council work '
with STA to collaboratively modify these policies.
ALTERNATIVES: I
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, 1. Offer a motion recommending approval of Draft Contract No. 111049, a Master
Lease Agreement by and Between the Metropolitan Council and the City of
Shakopee for Public Transit Vehicles, as presented. 'I
2. Offer a motion recomm n' �
e din a roval of D
g pp raft Contract No. 111049, a Master
Lease Agreement by and Between the Metropolitan Council and the City of
' Shakopee for Public Transit Vehicles, with suggested changes.
3. Table the item with direction for additionaf information the TAC needs to make a �
determination.
ACTION REQUESTED: �
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Offer a motion recommending approval of Draft Contract No. 111049, a Master Lease
�greement by and Between the Metropolitan Council and the City of Shakopee for
Public Transit Vehicles, as presented.
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It is also suggested that the TAC recommend that the City Council direct staff to
communicate in writing the city's concerns aboufi the policies attached as exhibits, and ,
requesting that the Metropolitan Council work collaboratively with the City of Shakopee I
and other suburban transit providers on modifications to those policies for the next '��,
iteration of the master lease agreement.
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R. Michael Leek
Community Development Director
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Contract No. 11T049
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MASTER LEASE AGREEMENT
, BY AND BETWEEN THE METROPOLITAN COUNCIL
AND CITY OF SHAKOPEE
FOR PUBLIC TRANSIT VEHICLES
THIS MASTER LEASE AGREEMENT ("Lease Agreement") for pubIic transit
vehicles is made and entered into this day of , 2011, by and between the
METROPOLITAN COUNCIL, (hereinafter referred to as the "Council") having its principal
place of business at 390 North Robert Street, St. Paul, Minnesota 55101 and CITY OF
SHAKOPEE, having its principal place of business at 129 Holmes Street, Shakopee, Minnesota
��379-1376 (hereinafter referred to as "Lessee" .
)
; RECITALS
WHEREAS, the Council owns, and may in the future own, vehicles that are available for
use by the Lessee; and
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WHEREAS, such vehicles may have been purchased in whole or in part with federal
funds; and
WHEREAS, the Lessee operates public transit service in the Twin Cities Metropolitan
Area and has the need for vehicles of the type available from the Council; and
WHEREAS, the Lessee and the Council have an existina Master L
b ease Agreement
No.04MO24 dated
Se tembe I
r 26 2005 which c _
p , , overs all of the Council owned vehi
cles i
currently in Lessee's possession; and '
WHEREAS, on September 22, 2010, the Council adopted Regional Fleet Management
Policies and Procedures, which policies and procedures are attached hereto as Exhibit A and
incorporated herein by this reference, in order to assure that all public transit vehicles meet a i
minimum standard, to facilitate compliance with federal law and with the U. S. De artment of I
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Transportation Federal Transit Admimstration ("FTA") requirements and to improve flexibility
in the deployment and reassignment of public transit vehicles; and ,
WHEREAS, this Lease Agreement is intended to supersede Master Lease Agreement ,
No. 04MO24 in its entireiy, pursuant to the provisions hereo£
NOW, THEREFORE, in consideration of the mutual covenants and agreements
contained herein, the Council and the Lessee agree as follows: ;
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Contract No. 11I049
AGREEMENT I
L BACKGROUND I �
The Lessee has a contract with the Council to provide public transportation within the I
Council's jurisdiction or is authorized pursuant to state law to operate public transportation in the �i�
seven county metropolitan area. To provide the public transportation, the Lessee has leased �
certain public transit vehicles from the Council pursuant to the parties existing Master Lease '�
Agreement. The Master Lease Agreement expresses the understanding of the parties with I
respect to the lease of the Council vehicles, some of which may have been purchased in whole or
in part with federal funds, so as to promote the Council's interests in coordinating and
maintaining the integrity of the metropolitan transit system and in ensuring adequate
documentation of the operation and maintenance of the leased vehicles.
In September 2010, the Council adopted Regional Fleet Management Policies and '�
Procedures. The policies and procedures may, in certain respects differ from the terms and I I
conditions of the parties existinq Master Lease Agreement. Therefore, in order to have
consistency between the two documents, the parties have decided to amend and restate their '
existing Master Lease Agreement. However, to the extent that a conflict exists between the I
terms of the Regional Fleet Management Policies and Procedures and the provisions of this
Lease Agreement, the Regional Fleet Manabement Policies and Procedures shall control.
The parties agree that this Lease Agreement shall su ersede Master Lease A reement I
p
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No. 04MO24 and all Council-owned vehicles currently in Lessee's possession and all future !
Council-owned vehicles in Lessee's possession shall be subject to the terms and conditions of ��
this Lease Agreement as provided herein. Upon execution of this Lease Ayreement, Master �
Lease Agreement No. 04MO24 shall have no further force and effect. '
If the parties operating agreement addresses the same topics covered in this Lease 'I
Agreement, the provisions of that contract which are more stringent shall apply to the vehicles
covered by such a;reement. I�
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The arties aaree that the most current versi
p b on of the Council adopted Regional Fleet
Management Policies and Procedures shall govern and Exhibit A shall be automatically updated
without further action by the parties. i
II. TERM OF AGREEMENT
', Unless terminated earlier in accordance with the provisions of this Lease Agreement, this
�' amended and restated Lease Agreement shall be effective with respect to each vehicle covered
by this lease until December 31, 2016. Thereafter, subject to the termination provisions of this
agreement, this Lease Agreement shall automatically renew for subsequent one calendar year
terms unless either party gives written notice to the other party, prior to the beginning of such
subsequent calendar year, that it does not wish to renew the Lease Agreement. Notwithstanding
any termination of this agreement, the terms and conditions of this Lease Agreement shall
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Contract No. 11I049
remain in effect for all Council-owned vehicles in Lessee's possession untii returned to the
Council in accordance with Article V.
� III. LEASE AND USE OF COUNCIL VEHICLES
3.01 Lease of Council Vehicles and Associated Equipment. For $1.00 er ear, and
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other good and valuable consideration, the receipt of which is hereby acknowledged, and subject
to the satisfaction of all terms and conditions contained herein, the Council hereby agrees to
lease to Lessee and
Lessee agrees to lease from the Council the Council-owned vehicles
identified in this Lease Agreement, together with all replacement parts, additions, accessories
and associated equipment incorporated and/or affiaed thereto for the use specified in Section
� 3.02.
The Council-owned vehicles leased to Lessee at the time of execution of this agreement
! are listed on Exhibit B, which is attached to and incorporated into this Lease Agreement. All
' Council-owned vehicles leased to Lessee are collectively referred to in this Lease Agreement as
� "Council Vehicles". The parties recognize that the specific vehicles placed in the possession of
Lessee and leased to Lessee under the terms of this Lease Ab eement may change from time to
� time: Accordingly, the parties agree to update Exhibit B on a periodic basis to reflect the
Council Vehicles subject to the terms of this Lease Agreement. However, subiect to Section
' 7.03, the provisions of this Lease A�reement shall applv to all Council Vehicles in Lessee's
possession, re�ardless of whether or not Exhibit B has been updated '
This agreement creates a lease or rental of the Council Vehicles only, and not a sale
thereof or the creation of a security interest therein. The Council shall remain the sole owner of �
the Coun il V' I
c ehicles and nothing contained herein, erther possession of the Council Vehicles or
the payment of any money hereunder, shall enable the Lessee to acquire any right, title or other
interest to the Council Vehicles described herein.
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3.02 Lessee Use of Council Vehicles. Lessee shall only use Council Vehicles for
public transit purposes; Lessee shall only use Council Vehicles within the Twin Cities
Metropolitan Area as defined in Minnesota Statutes, section 473.121, subdivision 2; and Lessee
shall only use Council Vehicles for purposes that are consistent with the parties' operating ;
agreement, if any, or other agreements to which such vehicles are assigned, the Council's Transit
Capital Improvement Program, Regional Fleet Management Policies and Procedures,
Transportation Policy Plan, and other Council-adopted regional transportation policy,
3.03 Lessee's Responsibiiities. During the term of this Lease agreement, Lessee shall '
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be responsible, at its sole cost and expense, for all ongoing operation and maintenance expenses
of the Council Vehicles and associated equipment including, without limitation:
A. consumables including tires, motor oil and other fluids;
B. proper handling and disposal of all waste material generated from use of the vehicles
including any toxic or hazardous waste; and
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Contract No. 11I049
C. insurance, as required by Article 6.
3.04 Lessee`s Representations and VVarranties. Lessee represents and warrants that: ',
A. Lessee agrees to promptly pay when due all license fees, to the extent there are any, '
now or hereafter imposed by any governmental body or agency upon the Council �
Vehicles for the use, ownership, delivery, leasing, possession, storage, operation, �
maintenance, repair, return or other disposition of the Council Vehicles.
B. Lessee shall comply fully with all laws, rebulations and rules relating to the Council �
Vehicles and the use, maintenance and operation thereo£ Additionally, Lessee shall
comply with all manufacturers' instructions and warranty requirements, and with the
conditions and requirements of all policies of insurance relating to the Council
Vehicles and their use.
C. Lessee agrees to use the Council Vehic.es with due care and for the puipose for
which they are intended. Lessee shall maintain the Council Vehicles in good repair,
condition and working order, normal wear and tear e�pected, and will furnish all parts
and services required therefore, all at its sole cost and expense. Lessee shall, at its
expense, make all repairs to the Council Vehicles required by law, and shall not make ,
other modifications or improvement to the Council Vehicles without the priar written �
consent of the Council. All parts, modifications and improvements to the Council �
Vehicles shall, when installed or made, immediately become the property of the
Council and part of the Council Vehicles for all purposes. I j
D. Lessee shal] grant access to the Council Vehicles to the Cauncil, its designee or the �
manufacturer, as provided for in Article 4, at all reasonable times for inspection,
repair, maintenance, installation of en�ineering chan�es and for any other reasonable
purpose. ,
E. Lessee shall furnish, employ, and otherwise have absolute control and supervision !,
over the operation of the Council Vehicles and the use thereo£ I
3A5 Risk of Loss or Damabe. Lessee hereby assumes and shall bear the entire risk of
loss, theft, destruction, collision, dama�e, condemnation, or other casualty, whether ar not
insured against, of the Council Vehicles from any and every cause whatsoever, and will hold the �
Council harmless from and a;ainst such risk. All such risk of loss for each Council Vehicle shall
be on the Lessee from the date of Lessee's possession of the Council Vehicle until the time at
which Lessee returns the Council Vehicle to the location desi�nated by the Council in
accordance with Article 5. In the event a Council Vehicle is physically damaged to a nnaterial
extent by any occurrence whatsoever, or is lost, stolen, condemned or destroyed, the Lessee shall
immediately notify the Council of such occurrence. No loss or dama�e to a Council Vehicle or
any part thereof shall affect any obligation of Lessee under this Lease but such obli�ation shall
continue in full force and effect. If any insurance proceeds are recovered as a result of any loss, I
theft, destruction, collision, dama�e, condemnation, or other casualty of a Council Vehicle, the �
Lessee, in accordance with Council direction, shall either: (a) remit to the Council the sum of the '
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Contract No. 11I049
insurance proceeds plus the amount of any insurance deductible or self-insurance retention; or
(b) apply the insurance proceeds to the cost of repairing or replacing the Council Vehicle. Any
such replacement vehicle shall be considered a Council Vehicle for the purposes of this
a�reement and Lessee shall take any actions necessary to place the title af such a replacement
vehicle in the name of the Council.
3.06 Acknowledgment. LESSEE ACKNOWEDGES THAT: LESSEE ACCEPTS
EACH COUNCIL VEHICLE AS IS; COUNCIL IS NOT THE MANUFACTURER OF THE
I COUNCIL VEHICLES NOR THE MANFACTURERS' AGENT NOR A DEALER THEREIN;
LESSEE IS SATISFTED THAT EACH COUNCIL VEHICLE IS SUITABLE AND FIT FOR
ITS PURPOSES; AND COUNCIL HAS NOT MADE AND DOES NOT MAKE ANY
WARRANTY WITH RESPECT TO THE COUNCIL VEHICLES, EXPRESSED OR
IMPLIED, AND THE COUNCIL SPECIFICALLY DISCLAIMS ANY WARRANTY OF
MECHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THE QUALITY,
CONDITION OR CAPACITY OF THE COUNCIL VEHICLES OR THE MATERIALS IN
THE COUNCIL VEHICLES OR WORKMANSHIP OF THE COUNCIL VEHICLES, THE
COUNCIL'S TITLE TO THE COUNCIL VEHICLES, OR ANY OTHER REPRESENTATION
OR WARRANTY WHATSOEVER. THE COUNCIL SHALL NOT BE LIABLE TO LESSEE
FOR ANY LOSS, DAMAGE OR EXPENSE OF ANY K1ND OR NATURE CAUSED,
DIRECTLY OR INDIRECTLY, BY ANY COUNCIL VEHICLES OR THE USE OR
MAlNTENANCE THEREOF OR THE FAILURE OR OPERATIONS THEREOF, OR THE
REPAIR, SERVICE OR ADJUSTMENT THEREOF, OR BY ANY DELAY OR FAILURE TG
PROVIDE ANY SUCH MAlNTENANCE, REPAIRS, SERVICE OR ADJUSTMENTS, OR
BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEREOF OR FOR ANY LOSS
OF BUSINESS HOWSOEVER CAUSED. THE COUNCIL SHALL NOT BE LIABLE FOR
DAMAGES OF ANY KIND INCLUDING ANY LIABILITY FOR CONSEQUENTIAL
DAMAGES ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE COUNCIL
, VEHICLES, EXCEPT TO THE EXTENT THAT ANY DAMAGE IS CAUSED BY THE
COUNCIL'S NEGLIGENCE OR 1NTENTIONAL MISCONDUCT, AS NOTED IN THE
PARTY'S OPERATING AGREEMENT.
IV. VEHICLE MAINTENANCE, REPAIR, AND SAFETY
, 4.01 Lessee Responsible for Vehicle Maintenance. Lessee shall at its sole cost and
expense maintain all Council Vehicles and their equipment, including safety and emergency
equipment, in good working condition (normal wear and tear expected) to minimize brealcdowns,
to maaimize passenger and driver safety, and to meet applicable local, state, and federal
standards. No driver shall be required or allowed to operate a vehicle that is not in safe operating
condition and does not meet all such standards. All maintenance on Council Vehicles and
equipment must be done by mechanics licensed under applicable local and state standards.
4.02 Repair and Replacement. In addition to the Lessee's obligations under Section
3.05, Lessee shall be responsible for the repair and/or replacement of any Council Vehicle that is
mechanically or electrically broken, worn, damaged or misplaced if such breakage, wear,
damage or misplacement occurs before the earliest of:
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Contract No. 11I049
� the end of the useful life of the vehicle, or
• the time at which the vehicle is returned to the location desianated by the Council in
accordance with Article 5.
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The Council shall notify Lessee of any warranties in force on the vehicles at the time of
transfer to Lessee. Lessee shall have all warranty service on Council Vehicles carried out by the
manufacturer's authorized dealers in the State of Minnesota or independent repair garages
capable of providing both warranty service and replacement parts sufficient for fleet operators, in
order to preserve the manufacturer/vendor warranty on the vehicles. Warranty service may also
be accomplished by reimbursing the Lessee for expenses incurred at a repair facility mutually
agreed upon between the Lessee and the Council or by reimbursing the Lessee for mutually
agreed expenses incurred at the Lessee's maintenance facility, provided that all such work must
have the manufacturer's or vendor's prior written approval before Lessee initiates any warranty
work, and the expenses have been approved by the Council in advance in writin�. Lessee shall
notify the Council in a timely manner of any failures relatin� to systems or components under
warranty. The Co�:ncil must approve any resolution of warranty issues.
Lessee shall ensure that repairs are made in a timely manner and a vehicle shall not be
placed back in service until all safety related repairs are made. No vehicle shall be placed in
service that does not pass Minnesota state inspections ar that does not meet all local, state and
federal safety standards.
Lessee shall notify the Council within three business da}�s upon the occurrence of any
, engine, transmission or lift failure. The Council will assess each individual case and will
determine if the failed enQine, transmission or lift will be replaced. The Council will manage the
procurement of any replacement engine, transmission, or lift. �
4.03 Vehicle Record File. An Individual Vehicle Record File must be maintained for
each Council Vehicle. At a minimum, the file must include the following information:
A. vehicle information as requested by the Council to maintain the regional fleet
database;
B. vehicle maintenance and repair history, including description of maintenance and
repair performed, vendor or facility doing the work, cost, date, and milea�e;
C. vehicle equipment check log verifying that special equipment has been checked I
according to the manufacturer's sugQested schedule or semi-annually, whichever
comes first;
D. documentation that maintenance was perforrried according to the schedule established
by the Lessee and approved by the Council;
E, vehicle maintenance requests submitted by drivers, including what action was tal:en
and when; and
F. vehicle pre-trip inspection logs, signed by the driver, for the last six months in
accardance with DOT regulations.
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The Vehicle Record File for any vehicle shall be made available to the Council's Authorized
Representative or designee upon request.
4.04 Vehicle Safety Inspections. The Council reserves the right to conduct periodic
mechanical inspections of the Council Vehicles and to inspect and audit vehicle maintenance
records. Any Council inspections are solely for the benefit of the Council and shall in no way
diminish the sole responsibility of the Lessee to operate and maintain the Council Vehicles in
safe operating condition.
V. RETURN OF VEHICLES
Upon termination of this Lease Agreement pursuant to Article II or Article VII all
Council Vehicles in Lessee's possession shall be returned by the Lessee to the Council at a
location designated by the Council unless the Council directs Lessee to dispose of or transfer the
Council Vehicles in another manner.
VI. INDEMNIFICATION AND INSURANCE
6.01 Indemnification. Lessee shall save and protect, hold harmless, indemnify, and
defend the Council, its members, officezs, agents and employees and volunteer workers against
any and all claims, e�penses, (including attorneys' fees), losses, damages or Iawsuits for damage
arising from or related to Lessee's usP of the Council Vehicles or the fulfilling of Lessee's
responsibilities under this agreement, except to the extent that such claim, loss or damage is
caused by the Council's sole negligence or willful misconduct, as noted in the party s operating
agreement.
6.02 Insurance. Lessee shall rocure anc�
p maintain for the Term, and for additional
periods of time as may be required in this agreement, insurance against damages which may arise
from or in connection with the transit service subsidized under this agreement provided by
Lessee or its agents, representatives, employees, or subcontractors.
A. Limits. Coverage shall be at least as broad as the following, with limits NO '
LESS THAN those established by the Minnesota Municipal Tort Claims Act:
(1) Commercial General Liability (CGL) coverage on an occurrence form,
including liability arising from premises, operations, independent
contractors, products-completed operations, personal injury and
advertising injury, and contractual liability assumed under this agreement,
with limits not less than $�00,000 per person, and $1,�00,000 per
occurrence.
(2) Employer's Liability coverage with limits not less than $100,000 per
employee for bodily injury by accident, $100,000 per employee for bodily
injury by disease, and $300,000 all employees for bodily injury by disease.
(3} Workers' compensation coverage as required by the state of Minnesota.
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Contract No. 11I049 �I
(4) Business automobile coverage liability (ISO CA 00 O1, or its equivalent)
for bodily injury, property damage, and physical damage (comprehensive
and collision) arising out of the operation, maintenance or use of each
vehicle used to provide the transit services outlined in Lessee's approved
Management Plan and budget, whether the vehicle is owned, non-owned,
rented or leased, with a Liability limit not less than the maximum tort
liability limits stated in Minnesota Statutes section 466.04.
B. Deductibles and Self-Insured Retention. Any deductibles or self-insured retention ,
must be declared to the Council. '
C. Other Insurance Provisions
(1) The Council and its members, officials, employees, agents, and volunteers
are to be covered as an additional insured under the CGL (ISO CG 20 10 �
07 04, or its equivalent)and under commercial umbrella. if anv. Lessee's
insurance coverage shall contain no special limitations on the scope of
protection afforded to the Council and its members, officials, employees,
agents, ar volunteers.
(2.) The Council and its members, officials, employees, agents, and volunteers �
are to be covered as an additional insured under the Business Auto policy,
utilizing ISO CA 20 Ol, or its equivalent. �
(3) For any claims related to this agreement, Lessee's insurance coverage I
shall be primary as respects the Council and its members, officials,
employees, agents, and volunteers. Any insurance or self-insurance
program maintained by the Council or its members, officials, employees,
agents, and volunteers shall be excess of Lessee's insurance and shall not
contribute to it.
(4) Any failure to comply with reporting provisions of the policies, includin�
breaches of warranties shall not affect coverage provided to the Council or
its members, officials, employees, agents, or volunteers. I,
(5) Lessee's insurance shall apply separately to each insured a�ainst whom a
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claim is made or suit is brou;ht, except with respect to the limits of the I
' insurer's liabilit��. ;
(6) Lessee and its insurers shall agree to waive all rights of subrogation !�
against the Council and its members, officials, employees, agents, and
volunteers for losses arising from performance of this agreement.
Each insurance policy required by this paragraph shall be endorsed to state that coverage
shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits
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Contract No. 11I049
except after siaty (60) days' prior written notice by certified mail, return receipt
requested, has been iven to the Council• rovided howev
g , p , er, that ten (10) days notice is
required for cancellation due to non-payment of premium. Insurance is to be placed with
insurers with Best's rating of no less than A:VII.
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6.03 Verification of Coverage. The certificates of insurance and endorsements for
each insurance policy are to be signed by a person authorized by that insurer to bind coverage on
its behal£ All certificates and endorsements are to be received by the Council before any transit
services subsidized under this agreement are provided. The Council reserves the right to require
complete, certified copies of all required insurance policies at any time.
The Council does not represent in any way that the insurance specified in this agreement,
whether in scope of coverage or limits, is ade uate or sufficient to r '
, q p otect Lessee s business or
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interests. It is the sole res onsibilit of
p y Lessee to determine the need
for and to procure
I � additional coverage which may be needed in connection with this agreement. Furthermore, the
procuring of such required policy or policies of insurance shall not be construed to limit Lessee's
liability under this agreement or to fulfill the indemnification rovisions and re uirements of t'
P his
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agreement. Notwithstanding the policy or policies of insurance, Lessee and its contractor shall
be obliaated for the full and total amount of an dama
b y ge, in'ur , or loss connected with this
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agreement.
Lessee may satisfy the insurance requirements by warranting to the Council that it is self-
insured and able to entertain claims in an amount suffici
� ent to indemnif
y the Council as rovided
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in paragraph 6.01 above. In this instance, Lessee shall rovide evidence acc
p eptable to the
Council that Lessee has made provision to satisfy claims to the extent of the Council's legal
liability and that Lessee's self-insurance program will provide coverage and limits that is at least i
as broad as the insurance and indemnification requirements of Section VI of this agreement.
This paragraph shall not be construed to waive the liability limits provided in the Minnesota
Municipal Tort Claims Act.
6.03 Subcontractor Insurance. Lessee shall require indemnification and insurance
coverage as it deems appropriate from its subcontractors providing services subsidized by this
agreement.
6.04 Non-Waiver of Municipal Immunity and Limits. Nothing in this contract shall
be construed to waive the municipal immunities or liability limits provided in the Minnesota
Municipal Tort Claims Act or other applicable state or federal law.
VII. TERMINATION
7.01 Termination of Lease Agreement for Convenience. Either party, upon sixty ,
(60) days written notice to the other party, may terminate this a�reement with or without cause. �,
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7.02 Termination of Lease Agreement for No Council Vehicles
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This Lease
Agreement shall automatically terminate if Lessee is no longer in possession of any Council
Vehicles.
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7.03 Termination of Lease Agreement for Certain Council Vehicles. Either party ,
may, upon thirty (30) days written notice, terminate this Lease Agreement with respect to any I
Council-owned Vehicle if the Vehicle is no longer bein� used by Lessee for public transit service ��
pursuant to an operating agreement with the CounciL In addition, the termination of any ',
operating agreement that the Lessee has with the Council will automatically terminate this Lease 'I
Agreement with respect to those Council Vehicles that are used to provide public transit sei !
pursuant to the parties operating agreement. '
If this Lease Agreement is terminated with respect any Council-owned Vehicle pursuant
to this Section 7.03, the Lessee shall no longer have the obli�ation to insure those Council
Vehicles (pursuant to Section 6.02) that remain in Lessee's possession sixty (60) days after the I
date of termination of this agreement. All other terms and conditions of this Lease Agreement
shall remain in effect until the Council Vehicle has been returned to Council in accordance with i
Article V.
7.04 Default. Lessee shall be in default under this aareement if it fails to comply with
the terms of this a reement. If the arties have one or more o eratina a reeme '
g nts Lessee shall
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also be in default under this agreement if Lessee is in default under the terms of an of the
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parties' b ant or operating agreements. Upon determination of non-compliance, the Council shall �I
notify the Lessee of the claimed non-compliance. i
7.Q� Termination for Default. Upon default by Lessee and failure to cure said default
within 30 days of notice, the Council may immediately terrninate this agreement. If this I
a�reement is terminated due to default by Lessee, the Council shall not be precluded from
recovering actual damages to which it may be entitled and may exercise any other rights it has in
law or equity to secure performance of tl�is abreement.
VIII. FEDERAL REQUIREMENTS I I
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The requirements of this Article shall only apply to Council Vehicles that were purchased 'I
in whole or in part with federal dollars. In addition, if federal law changes throughout the term
of this Lease, the requirements of this Article shall automatically chan,e with the modified the
federal law. �
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8.01 Federal Requirements. Purchase of the property which is the subject of this
agreement was funded in whole or in part by the FTA. The requirements in this Article VIII are �,
in addition to and, unless inconsistent and irreconcilable, do not supplant requirements found
elsewhere in this aareement. If any requirement in this article is inconsistent with a provision
found elsewhere in this agreement and is irreconcilable with such provision, the requirement in I i
this article shall prevail.
8.02 Incorporation of Specific Federal Requirements. Specifically, and without
limitation, the Lessee agrees to comply with the federal requirements set forth in Exhibit C,
which is attached to and made a part of this agreement, and agrees to require, unless specifically
exempted, third party contractors at every tier to comply with the same.
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Contract No. 11I049
8.03 CompIiance with Federal Requirements; Incorporation of Specific
Documents by Reference. The Lessee agrees to comply with all federal statutes, rules, FTA
Circulars, Executive Orders, guidance, and other requirements which may be applicable to this ��
agreement. In particular, and without limitation, the Lessee agrees to comply with all applicable I
terms and conditions of the following documents with respect to the vehicles leased to Lessee
under this a�reement: �
' • FTA Master Agreement �
�
w�ww.fta.dot. trov/documents/TEA I
( M Master A eemen - -
�r t 2011 17 Master. df �
2010-11-03) �'��
• Uniform Administrative Requirements for Grants and Cooperative Agreements
to State and Local Governmeizts 49 CFR Part 1
, 8
http://www.nhtsa.�ov/nhtsa/whatsup/TEA21/GrantMan/HTML/03 DOTCornRul
49CFR18.html)
• Gra�zt Management Guidelines, FTA Circular SOl0.1D
htt :/!www.fta.dot.�ov/doc�ments,/C 5410 1D Final ub.pd
p p �
• Third Party Contracting Requirements, FTA Circular 4220.1 F,
� http://www.fta.dot.�ov/docuinents/C 4220 1F.pdf )
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The listed documents are incorporated by reference into this abreement. Copies of these
documents are available at the internet websites indicated or, upon request by the Lessee, from
the Council.
' 8.04 Provisions Subject to Change. The Lessee acknowledaes that federal
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requirements in this article are subject to change and agrees that the most recent of these
requirements shall govern this agreement at any particular time.
8.0� No Federal Obligation. The property which is the subject of this agreement was
funded in whole or in part by federal funds. However, the United States is not a party to this
agreement and no reference in this agreement to the United States, USDOT, FTA, or any
representatives of the federal government makes the United States a party to this agreement. The
Lessee shall incIude this clause in any contracts or agreements under this agreement.
IX. GENERAL PROVISIONS
9.01 Amendments. The terms of this agreement may be changed by mutual
agreement of the parties. Such changes shall be effective only upon the execution of written
amendments signed by authorized representatives of the Council and the Lessee. I
9.02 Assignment. Without prior written consent of the Council, Lessee will not se11,
assign, sublet, pledge or otherwise encumber any interest in this Lease of the Council Vehicles. 'I
The Council may assign its interest in this Lease and sell or b ant a security interest in all or any �,
part of the Council Vehicles without notice to or the consent of Lessee. Lessee agrees not to �
assert against any assignee of the Council any claim or defense Lessee may have against the �
Council.
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Contract No. llI049 ��
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9.03 Contract Complete. This agreement contains all neaotiations and agreements
between the Counc' y
il and Lessee. No other understandin re ardin thi
g � g s agreement, whether
written or oral, may be used to bind either party.
9.04 Government Data Practices. Lessee must comply with the Minnesota
Government Data Practices Act, Minnesota Statutes, Chapter 13, as it applies to all data provided
by the Council under this agreement, and as it applies to all data created, collected, received, I ,
stored, used, maintained, or disseminated by Lessee under this agreement. The civil remedies of �
Minnesota Statutes, section 13.08, apply to the release of the data referred to in this clause by the '
Lessee.
9.0� Consultation. Lessee agrees to notify the Council immediately of any change in
conditions, local law, or any other event that may affect Lessee's ability to perform its ,
responsibilities in accordance with the terms of this agreement. I
9.06 Compliance with Law. Lessee a�rees to conduct its activities in compliance I
with all applicable laws and regulations. Lessee is responsible for obtaininb all licenses, permits, �,
or other approvals necessary for the operation of Council Vehicles and for making payment of
any taxes or assessments related to this a�reement.
9.07 Authorized Representatives and Notice. The parties' Authorized
Representatives are:
Council: Metropolitan Transit Services Fleet Manager I
Metropolitan Council
390 North Robert Street
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Saint Paul, Minnesota 55101 ;
Lessee: City of Shalcopee
129 Holmes Street
Shakopee, Minnesota 5 � 3 79-13 76 �
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or such other persons or addresses as either party may desibnate for itself in writing to the other �,
PartY• !
Notice for purpose of this agreement shall be sufficient if delivered personally or if given �
by certified mail to the addresses shown above, and if mailed shall be deemed to have been Riven ',
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the day of mailing. ��
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9.08 Equal Employment Qpportunily; Rffirmative Action. The Lessee agrees to �
comply with all applicable ]avvs, rules, and re�ulation relating to nondiscrimination and I�
affirmative action in public purchase, involvement, and use. In particular, the Lessee agrees not
to discriminate against any employee or applicant for em lo ment because of race color creed
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religion, se�, sexual orientation, national origin, marital status, disability, status with regard to �I,
public assistance, membership or activity in a local civil ribhts commission, or a�e, and to take '�
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Contract No. 11I049
affirmative action to insure that applicants and employees are treated equally with respect to all
aspects of employment, rates of pay and other forms of compensation, and selection for training.
9.09 Nonwaiver. The failure of the Council at any time to insist upon the strict
performance by Lessee of any or all the terms, conditions, and covenants herein shall not be
deemed a waiver by the Council of any subsequent breach or default by Lessee in the terms,
conditions and covenants herein contained.
9.10 Venue. Venue for all legal proceedings arising out of this ab eement, or its
breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey
County, Minnesota.
9.11 Incorporation of Exhibits. All Exhibits attached to this Lease Agreement will
be deemed incorporated into this Agreement.
9.12 Record-Keeping and Audits. Lessee ab ees to keep and maintain during the
erformance of this Lease Aareement and a e'
P b p riod of six (6) years following, records and files
relating to the Council Vehicles provided under this agreement. As required by Minn. Stat.
� 16C.05, subd. 5, the records, boolcs, documents, and accounting procedures and practices of
Lessee and of any subcontractor relating to the Council Vehicles provided under this agreement
shall be subj ect to audit and examination by Council and the Legislative Auditor, State Auditor or
FTA auditor. Lessee and any subcontractor shall permit the Council, the Legislative Auditor, FTA
and State Auditor to inspect, copy, and audit Lessee's accounts, records and business docu
, ments
upon reasonable advance written notice and during regular business hours as they may relate to the
Council Vehicles provided under this Lease Agreement.
-The remainder of this page has been left intentionally blank-
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Contract No. 11I049
IN WITNESS WHEREOF, the parties have caused this agreement to be executed by
their duly authorized representatives on the dates set forth below. This Lease Agreement is
effective upon final execution by both parties.
;
METROPOLITAN COUNCIL CIT�' OF SHAKOPEE
By: By:
Its: Reaional Administrator '
Title: II �
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Date: Date: �
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LIST OF EXHIBITS
Exhibit i Description " �
, A Re ional Fleet ManaQement Policies and Procedures
B Council Vehicles
C Specific Federal Re uirements
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II
Metropoli�tan Council
FLEET MANAG�MENT
PROCEDURES
SEPTEMBER 2010
Metropolitan Council Fleet Management Procedures Page 1
EYI�IBIT A
.�•�� Metropolitan Couricil
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�•� 390 North Robert Street, St. Paul, Minnesota
General phone 651 602-1000
Data Center 651-602-1140
TTY 651 291-0904
E-mail data. center@metc.state. mn. us
Web site www.metrocouncil.org
Publication no. 35-10-032
On request, this publication wiil be made available in alternative formats to people with disabilities.
Call the Metropolitan Council Data Center at 651 60Z-1140 or TTY 65i. 291-0904.
Metropolitan Council Members
Peter Bell Chair
Roger Scherer District 1
Tony Pistilli District 2
Robert McFarlin District 3
Craig Peterson District 4
Poily Bowles District 5
Peggy Leppik District 6
Annette Meeks District 7
Lynette Wittsack District 8
Natalie Haas Steffen Dlstrict 9
Kris Sanda District 10
Georgeanne Hilker District 11
5herry Broecker District 12
Rick Aguilar District 1�3
Kirstin Beach District 14
Daniel Woller District 15
Wendy Wulff District 16
Metropolitan Counci( Fleet Management Procedures Page 2
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INTRODUCTION
The procedures contained within this document are aimed at four objectives;
1. To facilitate compliance with all requirements as established by the Federal Transit Administration.
I 2. To facilitate compliance with federal requirements contained within 42 U.S.C. Section 2000d, also
known as Title VI of the Civil Rights Act.
3. To assure that vehicles purchased meet minimum standards.
4. To create efficiencies and improve flexibllity in the deployment/reassignment of vehicles to the extent
feasible.
These procedures may be periodically reviewed a�d revised.
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Metropolitan Council Fleet Management Procedures Page 3
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CONTENTS
SELECTION AND PURCHASE ............................................................................................... 1
Proceciure 1: Selection of Vei�icle Type Guidelines ............................................................... 1
Procedure 2: Guiding Principles of New Vehicle Purchases .................................................................. z
Procedure 3. Vehicle Ownership .................. ..................................................................2 '
MAINTENANCE, REPAIRS, INSPECI"IONS ............................................................................... 3
Procedure 4: Mid-life Rehab Costs ....................................................,.,...,.........,............. 3 I
Procedure 5: Major Component Failures ..........................................................................4
Procedure 6: Preventative Maintenance Schedule ............................................................. S '
Procedure 7: Quality Assurance Inspections .....................................................................5
VEHICLE TRANSFER, REPLACEMENTAND DISPOSAL ............................................................... 5
: Procedure 8; Vehicle Transfer to Another Provider ............................................................ S �
� Procedure 9. Vehicle Disposal ........................................................................................6
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COUNCIL FUNDING ............................................................................................................................................ 7
Procedure 10. Non-revenue Vehicles ...............................................................................7
Procedure 11: Maximum Council Funding per Vehicle Type ................................................. 7
VEHICLE IDENTITY ............................................................................................................................................. 7
Procedure 12: Assignment of Bus Numbers ...................................................................... 7
Procedure 13: Vehicle Graphics ...................................................................................... 8
'I FLEET MANAGEMENT ........................................................................................................................................ 9
Procedure 14a. Spare Vehicle Ratio ........................................................................9
Procedure 14b: Scheduled Standby Vehicles .................................................................... 9
'� Procedure 14c: State Fair Fleet ..:...................................................................................9
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j Procedure 14d: Expansion Buses ....................................................................................9
Procedure 15; Metro Mobility Fleet Size ......................................................................... 10
VEHICLE EQUIPMENT AND ANCILLARY ITEMS .............................................................................................. '10
Procedure 16: Fare Collection Equipment ................................................... ................ . 10
Procedure 17: Standard Bus Confguration ..................................................................... 10
Procedure 18: Ancillary Items ...................................................................................... 1Z
Metropolitan Council Fleet Management Procedures Page 4
__ _______ _______ __ ____ __ _ _ _ _ ____
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I � STANDARD VEHICLE CONFIGURATIONS ................................................................................................,...... 14
' Exhibit A: 45' Coach Bus ............................................................................................ 14
Exhibit B: 60' Articulated Transit Bus ................................................................. ...... 17
Exhibit C: 40' Lowfloor Diesel Bus and Hybrid Bus .......................................................... 19
Exhibit D: 30'Transit Bus and Medium-Duty Transit Bus .................................................. 2Z
Exhibit E: Heavier-Duty Smalf Bus ................................................................................ 24
Exhibit F; Light-Duty Small Bus .................................................................................... 26
Metropolifan Council Fleet Management Procedures Page 5
SELECTION AND
PURCHASE
Procedure 1: Vehicle type should be determined and purchased according to service type and passenger loads.
Selection of Interlined and start-up services may provide exceptions.
Vehicle Type
Guidelines Veliicle type Passenger Service Type Approx. Minimum
Loads* GuW Vehicle Life
_.._...- ----- . -- --- --- -- ----------- -------------------_. _-_ ___ _ __. ..__ __.._.. _ ---
Commuter Coach � Min; 30 � Express with a one-way ! 12 - 14 years'�*
i Max: 57 � trip length of greater than '
� 15 miles AND duration
' ___ __ ________' �reater_than_30 minutes _._ '
-._--._.. --- - --- ._ _ . . __ _ ...
__ _ _ _----- .__.,_. __ ..
Articulated Diesel Min: 30 Express, Local ; 12 years
Transit Bus Max:58 �
; (Express) (
Max:73 � ;
: (Urban Local) ; � �
_---------_..._._ _--___ _ _ _._.-------__ _._ _-----------------______.,_ . _._
_ _
_ ._.
Articulateci Hybrid ; Min: 44 � Local � 12 years
Transit Bus ; Max:73 �
---------- ----- -------------------.._.....____...;...._.__._..._..__._----._._._._..
40' Hybrid Transit : Min: 29 Local ; 12 years
Bus Max: 48
----- -- .___ _ . ..--- _._ . _ _ -- --- ------ -- _ -- ------ -
- ----- , . _ . _ .;_ ____ ---- - - --- -.. _. .-.-
; Min: 20 Express, local ; ; 12 years
40' Diesel Transit �
Bus � Max; 38
i (express) j
_.____j,Max _48 (local) __ ' �
..-- - -- ----- --- -- ----_ _ _ _. _ -- -- _ . __
_----- _�__ __. _ ,_ __ . _ __ ---
._ ...__.
30' Transit Bus ; Min: 13 Medium volume local; low > 26,000 � 12 years
; Max: 26 volume ex�ress ;_ __.__ .. '_ _____._.__--___ ___._-
----- ------- - -__..-- --------------- ---_ _ --------
Medium-Duty ; Min: 13 Suburban circulator ; 16,000- i 7 years
Transit Bus ; Max: 26 � services with limited ' 26,000
i service window (e.g., peak �
i only) ;
----- __ ___._ _.____-- ._ ._._._ __._._._._.--- ---- - ---- --- ___._... ;--- ----.___ ;_ __._ ___-- ._.____.
Heavier-Duty � Min: 12 Limited stop or express ;> 14,500 ; 5 years
Small Bus '� Max: 24 with 4-6 weekday trips or '
' � dial-a-ride services '
-- - -- - -- —_ _ ._. _ _.... ---
Light-Duty Small_ : Min:_2-4__ ,_ �_Limited stop_or express < 14,500 � 5 yea and
Metropolitan Council Fleet Management Procedures Page 6
--------...--------�----_ ___ ------------�-------------------------------_......___.,...._......._...._.. , .. ____ ___....._-----._..._......---
Bus ; pass,/hr. ! with 4-6 weekday trips or ' i Z00,000 (diesel)
; Max: 6 � dial-a-ride services _ _.._ _ ._;__._ ________ '' ___
_.. _ _--- - --- ---- _. _._ -- -- -- --� __. _
*Peak loadin� pattern
_. _ .-----.. . _ --- - - _ _ _- ------- - �--- _ ___. _ _ _ _ _ _ __ _ . . ___ __ _ __...._
**Coach buses will be programmed in the Capital Improvement Program (CIP) for a 14-year
replacement cycle (except for the six SouthWest Transit (SWT) 2000-year MCI coach buses).
In the first half of 2011, tlie Council will conduct an APTA-led nat[onal peer review to inspect the
six SWT 2000-year MCI coach buses in their 11 year and make a recommendation on the
programmed 14-year coach bus life. If the outcome of the APTA peer review results in a
programmed life of less than 14 years, the CIP will be revised to reflect the recommended
program life. The six SWT year-2000 coach buses will be transferred to the Metropolitan
Council to operate in their 13 and 14 years.
Metropolitan Council Fleet Management Procedures Page 7
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Procedure 2: , All federally funded vehicles purchased under agreements not directly executed by the Council shall
Guiding be purchased in accordance with the Council's Procedures for Suburban Provider procurements.
Principles of New '
Vehicfe Vehicles shal( be purchased in accordance with these guiding principles:
Purchases 1) Upon request by a suburban provider, khe Council will include the provider in the developrnent af I
bus specifications and coordinate the procurement ta maximize quantity and leverage optimal
pricing.
2}The regional fleet will be standardized to the greatest extenl feasible in accordance with the
Standard Vehicle Configuratians (Exhibits A through F). This standardization does not preclude the
procurement of innovative vehicles for a specific or demonstration purpose.
3)The Council will consider life-cycle costing.
4)The Council will consider commercial availability.
5) Hybr Buses and Alternative Fuel Buses are appropriate in any vehicle type if:
a) a complete life-cycle cost-benefit analysis suggests that they would represent a more effective
use of capital or operating dollars, or;
b) when broader public policy issues suggest a significantly higher than usual value of fac:tors such
as emissions, noise proFiles and support of advanced technologies compared to traditional
diesel buses.
Rationale:
The Council will create efficiencies, to the greatest extent possible and practical, by standardizing
vehicfe options upon purchase.
Procedure 3: Vehicles funded in whole or in part by the Council shall be owned by the Council. Fleet vehicle titles
Vehicle or Certificates of Origin shall be delivered to the Councii within 15 days of vehicle acceptance,
Ownership �
Rationale:
It is important to establish a regional fleet comprehensive plan and effectively manage resources in a
dynamic and unpredictabfe environment. Council ownership satisfies the Federal Transit
Administration's requirement For Satrsfactory Continuing Confrol.
Metropolitan Council Fleet Management Procedures Page 8
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MAINTENANCE,
REPAIRS,
INSPECTIONS
Procedure 4:
Mid-life Rehab Publicly funded vehicles with a useful {iFe of 12 years or more per Council procedure will be eligible
Costs for planned mid-life rehabs to include seat upholstery replacements, repair of uneven flooring, other
interior hardware such as grab rails, privacy shields and seat frames, exterior paint, body work, liFt
overhauls, articulated joints and bus frames. In the event of a capital funding shortfall, funding
major component failures will be a higher priority than funding rnid-life rehabs,
Metropolitan Council Fleet Management Procedures Page 9
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Procedu�e 5: For vehicles in which the Councii holds the title or the Certificate of Origin, the Council will cover the
Major cost of major component work, thraugh the capital budget, that meet the following criteria;
Component 1) Are not included in the manufacturer specified preventive maintenance items, and;
Failures 2) Nave a cost of $5,000 or more (including the cost of labor) per unit.
Major component work wil{ be completed on an as-needed basis. "As needed" means that engines
and transmissions and other items not included in the manufacturer's preventive maintenance
schedule will be replaced or rehabbed on a preemptive basis based on technical criteria that indicates
component failure is imminent. The Councif's fleet manager will consider verifiable and substantive
technical information for individual vehicles and, based on su�h information, may authorize
replacement of major components prior to failure. Technical information to be considered in the
decision mal<ing process inciudes but is not limited to:
1. Age of the vehicle.
2. Vehicles of the same make, model and year,
3, Expected remaining life on the engine or transmission,
4. History of that particular vehicle engine or transmission,
5. Type of engine or transmission and the typical lifespan of that particular model.
6. Type of service the vehicle is used for,
7, Results of oil analysis.
8. Resulks of compression test.
9. Oil consumption trend line.
10.Antifreeze in the oil.
11.Fuel consumption trend 1ine.
Rationale:
An April 2007 study conducted by the FTA entitled Usetul Life of Transit Buses and Vans states that
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oni ver lar e cities with severe" service conduct lanned mid-life overhauls. The ma�orit of
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transit agencies across the U,S. invest in major repairs on an as-needed basis. Replacing items on an
as-needed basis assures that funding is utilized as efficiently as possible.
Metropolitan Council Fleet Management Procedures Page 10
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ProCedure 6: 7he Counci! and Lessees of Council-owned vehicles agree to comply with the manufacturer's
Preventative preventive maintenance plan (or better} and will provide a written statement to the Council attesting
Maintenance to this agreement. Any deviation that reduces the level af maintenance from that prescribed by the
SChedule manufacturer must be approved in advance and in writing by the Council.
Rationale: The Council is obligated, as owner of the regional fleet vehicles, to ensure that these
assets are being maintained and utilized in a manner that will maximize the vehicle life in an effective
manner.
Procedure 7: 7he Council wiil conduct quality assurance inspections to ensure compfiance with prescribed
Quality preventative maintenance schedules.
Assurance 1. The Council will conduct, at its sole discretion, vehicie inspections to include fluid samples.
Inspections 2, All inspections will be documented and retained on file at the Council.
3. Test results will be shared with the provider,
4. Failure to comply with the manufacturer-specified preventive maintenance schedule will result in
the Council's right to deny payment of costs related to engine, transmission or lift failures.
Rationale; '
, The Council is obligated to ensure that all assefis are being maintained and utilized in a manner most
advantageous to the resider�ts of the metropolitan area,
VEMICLE
� TRANSFER,
REPLACEMENT
AND DISPOSAL
Procedure 8; The Council reserves the right to redeploy regiona! fleet vehicles to another provider within the I
Vehicle Transfer region.
to Another
Provider When the transferar is subject to DOT vehicle inspections, vehicles transferred from that provider to
another provider must pass a Department of Transportation (DOT) inspection prior to the transfer of
such vehicle, The transferor shali arrange for the inspection and pay any relevant casts. Any
' deficiency identified by the DOT must be fully remedied at the expense of the transferor. The
receiving provider reserves the right to conduct an inspection prior to transfer and any significant I
defects identified during that inspection shall be repaired by the transPeror.
Metropolitan Council Fleet Management Procedures Page 11
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When the vehicle is transferring from a provider that is exempt from DOT inspectia�s, the receiving
provider shall inspect the buses before transfer takes place, and any significant def�cts identified
during that inspecrion shall be repaired by the transferor. The receiving provider must be given the
opportunity to inspect the vehicle over a liFt or maintenance pit provided by the tra�sferring provider
upon request. The transferee may also conduct a DOT inspection prior to transfer. The transferee
shall notiFy the Council of their intent to do so and the transferee shail make all arrangements to
conduct the DOT inspection, The transferee is also respansible for costs associated with the DOT
inspection. The transferring provider is responsible for repairing any items that do not pass the DOT
inspection.
The transferring provider must provide the receiving provider with a copy of maintenance records of
the bus being transferred.
Rationale:
Used buses must often be transferred to successor contractors at the beginning of a new contract
term, Successor providers are entiCled to receive vehicles that have been properly maintained and
are in good working condition. All providers must be held accountable for the proper maintenance of
I vehicles u to the datie of transfer.
Procedure 9: Vehicies that have met or exceeded their useful life, per the rules and guidelines established by the
Vehicle Disposal Federal Transit AdministraCion, the State Department of Administration and Cauncii procedure shall
be eligible for disposal. Vehicles where the cost of repairs as determined by the Council Fleet
Manager exceeds the remaining net book value will be considered eligible for disposal.
� 1. For unplanned removals, suburban and private providers must receive prior written or electronic
approval by the Council's Manager of Fleet Services or designee in the Metropolitan Transportation
Services Department before removing the vehicle from revenue service. Prior written or
electronic approva4 or denial must be received within 14 calendar days of the request or it can be
accepted as ta,cit approval. �
z, Buses shall be sold either from the provider's site or shall be delivered to a site designated by the
Council.
3. All ancillary equipment will be removed by the provider to include, but not limited to, fare
collection equipment, AVL/APC equipment and bike racks unless otherwise approved in writing by
' the Council.
4, The provider shall deliver the vehicle to the designated site under its own po�ver unless authorized
in advance by the Council,
5. All vehicle ra hics that are established by the Council (for example, r iog nal stripin� and Council
Metropolitan Council Fleet Management Procedures Page 12
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logos) shall be removed or covered with matching paint at the expense of the provider.
6, All vehicle graphics that were added by the provider shall be removed from the vehicle at the
expense af the provider unless authorized in advance by the Council.
7. Any proceeds obtained tl7rough the disposal of a vehiclE shall be transferred to the Council.
8, Proceeds obkained by the Council for the disposal of assets shall be deposited back to the capital
fund.
Rationale:
All publicly funded assets shall be disposed of in a fashion that allows any interested party to have
equal access to the retired assefi. Logos, striping and other agency identifiers must be removed upon
removal from serv,ice for security-related reasons and to protect the public image of all regional transit
roviders.
COUNCIL
FUNDING
Procedure 10: The Council will fund a reasonable number of non-revenue vehicles for use by Metro Transit,
Non-revenue Metropolitan 7ransportation Services and the suburban providers.
Vehicies
Proeedure 11: The Council will provide a maximum amount of funding per vehicle based on the price of the vehicle
Maximum with "standardized" options (see Procedure 17) plus 5% Co allow for modest upgrades to be
Council Funding determined by each provider, Any vehicle pracurement shall include a pricing proposal for tF�e
per Vehicle Type standard vehicle in addition to a vehicle priced with the desired options.
For regional fleet vehicles, the average cost of all ancillary items, excluding fare collection capital, will
be included in the maximum Council funding. Alf costs in excess of the maximum Council funding will
be the responsibility of the provider.
Mefropolitan Council Fleet Management Procedures Page 13
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Rationale:
The Council should provide for a consistent and equitable allocation of available funds and
equipm�nt/vehicles to all passengers regard{ess of provider. Decisions made at the local level that
inflate capital costs should not impact all other regional providers.
See also:
Procedure 18 on funding-eligible vehicle equipment and ancillary items.
VEHIGLE
IDENTITY
Procedure 12: Bus numbers should be assigned to new vehicles based on the following schema:
Assignment af
Bus Numbers Provider Name Assigned Range of Numbers
_ -_ _ _ ____ __ __ ._ _ _ - ;_. _. _ _ ._ _ _
Metro Transit �0 3999 7100-9999
--- — — -- -- �--- _ _. _ .. ._.
Minnesota Vall� Transit Authority_ 4000-4999
- ---------- - -- - -- __ .. . . . _ _ _.. . . . _._ .--
South West Transit , 5Q00-5999
______ ___ --.....--- ---- -------_---
- --------- ------ --_ __ _ __ . __ .. ._
Metro Mobility 6100-6599 OR 61000-63999 OR 64100-
� 64199 OR 68000-68999
- ----- _ _._-- -------- ------ - ----------..._._. ._. .. ._ ._ ... _._ . .. _ __�-----
Scott County , 64000-64099
Other Regional Providers: Big Buses 6000-6099 OR �0000-60999
• Plymouth Metro Link Smal! Buses 6600-6699 OR 64200-66999
• Maple Grove
•Shakopee
•Prior Lake
• MTS contracts
Metropolitan Council Fleet Managernent Procedures Page 14
.
Procedure 13: All vehicles funded by the Council shall be outfitted with the following graphics:
Vehicle Graphics 1. Small buses operated by dial-a-ride providers, shall display exterior graphics in compliance with
the Council's adopted plan. The dial-a-ride public operator may include graphics that identiFy the
local service in a manner that does not cover or interfere with the Council's graphics package.
2. Small buses that are operated by a private contractor under direct contracc with the Council in a
dial-a-ride mode shall display exterior graphics in compliance with the Council's adopted plan. The
operator may include up to two private company logos incorporated with their DOT operator
number that are na larger than 12" x 12" each and shall be placed in an area that does not
interfere wilh the Council's graphics package. A county or counties that atlminister Transit Link '
diai-a-ride service may include graphics that identify the local service (for example, "Edina Dial-a- ,
Ride") in a manner that does not cover or interfere with the Council's graphics package. �
3. Large buses, operated by a private contractor under direct contract wifih the Council, shall display I
outward graphics in compliance with the Council's adopted plan. The operator may include up to ,
two company logos that are no larger than 16" x 16" each and shall be placed in an area that '
does not interfere with the Councii's graphics package, � �
4. US. DOT numbers must be disp{ayed per U.S. DOT requirements.
5. Buses operated directly by the Cauncil shall comply with the Council-approved graphics package. �
6. Buses operated by suburban providers are not subjec:t to this procedure, with the exception of
regional transitways,
Rationale:
All vehicles that are linked to the regional transit system and that are funded �y the Council should �
be readily identifiable as such by the general pubfic. The Council's objective is to create a seamiess '�
service and consistent image to its riders. I
See also; '
Procedure 9, disposai terms numbers 6 and 7.
�
Metropolitan Council Fleet Management Procedures Page 15 '
FLEET MANAGEMEN7
Procedure 14a: Regula�-route and general public dial-a-ride transit service contracts should utilize the
Spare Vehicle Ratio following service to spare ratio:
Number of Vehicles !Appropriate
i Needed to Deliver ;Number of Spare
Service, by_Vehicle Type*;behicles
------- --- ---- _ _ .._...____ __ .
1-4 1
.- -_ ._. _.._ _ 5-9 2
10-15 ; 3
16-2 4
� 21-ZS _ . __. i �_ 5
------- 26- 3 0 6
..-------------------------------<-------_.._.........___ ___ _ _.._.__.........-
�
----------- 31_ 35 ---------- _ --�---------_ _..-- � — ._._... _...__...._ . _.
36-40 8
46-49 9
Active revenue fleets of SO buses or more cannot exceed a 20% spare factor, per FTA,
*See Procedure 1: Selection of Vehicle Type.
ProCedure 14b: As a general guideline, a maximum of one scheduled standby vehicle should be provided for
Scheduled Standby every 50 peak buses.
Vehicles �
Rationale: Strategically deployed scheduled standby vehicles maintain service quality and
reliability, and are included in peak revenue-service fleet counts. Because the number of
scheduled standby vehic(es directly impacts both operating and capital costs, a guideline for
scheduled standby to peak bus counts is provided.
Procedure 14C: Vehicles to deliver service itnprovements for the Minnesota State Fair are nat to be counted
State Fair Fleet as part of the fleet to meet the annual maximum service requirement (vehicles operated in
annual maximum service - VOMS)
Rationale: The Minnesota State Fair is an atypical or special event, per F g uidance.
Metropolitan Council Fleet Management Procedures Page 16
i
Procedure 14d: Operating funds for a minirrium of three years are to be identified for any expansion fleet
Expansion Buses prior to initiating the procurement. A fleet managemerit plan that identifies peak vehicle
requirements and calculates spare ratio factor with the expansion vehicles must be provided
with an �xpansion fleet request. I
I
Rationale: Most regional vehicles have a programmed life of 12 years or more.
Identification of operating funds justifies the capital investment. The F7A requires a fleet
mana ement lan with rant re uests for vehicle rocurement.
Procedure 15: Metro Mobility's fleet size will be determined according to the maximum �umber of routes
Metro Mobility Fleet operated during the peak periods of March and October, Analysis will be conducted using
Size March and October data to determine the maximum number of routes in operation during
each pe�riod. The fleet size for each contractor shall be equal to the maximum number of
routes at any time during those periods plus a 10-15% spare factor.
Rationale:
It is the Council's responsibility to provide resources to its Metro Mobility contractors so that
a11 requested trips can be de{ivered both efficiently and effectively,
VEHICLE EQUIPMENT
AND ANCILLARY ITEMS
Procedure 16: The Council wil) identify needs and purchase fare collection equipment for all regional
Fare Collection providers using a capital accaunt specifically designated for alf regional fleet fare-equipment
Equiprnent needs. The capital budget for fare collection system purchases will include the cost of
installation labor.
Rationale:
The fare collection system is a regional responsibility and should be coordinated and funded '�
by the Council.
Procedure 17:
Standard Bus Regional transit providers (suburban transit providers, MTS and Metro Transit) will review
Configuration and determine standard bus costs and upgraded technology at least every two years.
The Council will consider the following items, by vehicle type, as included in the base
vehicle price:
Metropolitan Council Fleet Management Procedures Page 17
I
�
Vehicle Type ; S�andard Options
--....__--------------------------------;-----------__.. -----__._...
Coach Bus + Exhibit A ,
------------------------------, --------------------.._.__ __
Articulated Transit Bus � Exhibit B
- -------------------------------------_-----_._..__----..._..___.._
Hybrid Transit Bus � Exhibit C
_ _�_------- --------- ------ -_--- �
40' Transit Bus `
' - ----..._.
--------------------------------� -------------------
30' Transit Bus � Exhibit D '
-------------------.._..—._-----.__----_--- _;
Medium-Duty Transit Bus �
Heavier-Duty Small Bus � Exhibit E
(G VW: > 14,500) �
� Light-Duty Small Bus ' ; Exhibit F
( GV W : S J.4,50
The Counci) will fund buses built to the Council's standard bus configurations (Exhibits A
through F). Modifications to these configurations may be approved by the Metropolitan
Council's Regional Administrator.
Procedure 18: The Council will fund ancillary items limited to those listed in the tables below and up to the
At�cilfary Items maximum amount shown. The table below shows July 2010 pricing. Adjustments to these
amounts for equipment purchases indepehdent of regional equipment purchased by the
Council shall be made according the change in tl�e Producer Price Indexes as listed below,
as published by the U.S. Department of Labor, Bureau of Labor Statistics Series ID:
Security System Hardware- PCU334310334310
Radio Hardware - PCU3342203342201
Bike Racks - PCU331210331z1OP
The ���aximum Council contribution for regional fare collection equipment, AVL and APC
equipment will be adjusted to rePlect actual purchase prices.
Expansion Buses: Included Ancillary Items
__ _�_ _ _,.�_ _-__ _ _ -- ,---_ ._._ .. _ __ _ _
"Srnall Buses with
Vehiclel � 30'/40'/Articulated! ''`Small Buses Used i No Regional Fare
j for Fixed Routes
__._. _ _--- - .....__ ___ �_ ---.__ __ ___ _ , _____ _____ _ __._ _.
_ ____
Metropolitan Council Fleet Management Procedures Page 18
_... .._.. _. _. ___ . . ...... .._ ____ __ __. ..
_._ _ _.._.... _.. ...... _....__.__.... . .
Service Type ; Commuter Coach ' Collection Equip,
__ _____.___._ __...--- __
_----_. .. _ _. _ _ ...._ ._ ._____ _.
_.._. _ _. ___ __._.___._ _
_..
Covered Iterris i■ Security System i• Security System �� Radio system AVD
; AND installation � AND installation ! installation
;• Radio system i• Radio system • Vehicle graphics
; AND installation � AND installation ' AND insYallation
i ;• Fare system ;• Fare system • Security System
� hardware ; hardware ', AND installation
� installation i installation 'i •Spare parts /
!• Vehicle graphics i� Vehicie graphics ` diagnostic
i AND installation j AND installation equipment
i• Bike racks AND '• Bike racks AND
i installation ; installation
; � Regional AVL ; • Regional AVL
equipment AND ' equipment AND ,
; installation i installation '
� • Spare parts / ; � Spare parts /
' diagnostic ; diagnostic
� equipment � equipment
Max, Council ' '
Contribution �43,50Q ----..__ ._..._;_�43,500_ . $10,000 .
_.___ _---.-- ,--.---._._ .___._._ _. _...._____._
_ - -- ___._.__...----_
;___ ___.._. ____._ ....
_ ,
_
Optional Item i� APC equipment � APC equipment '� AVL/MDC
� AND installation AND installation ; Equipment AND
Max. Cauncil installation
Contribution ; $5,000 ? $5,000 $5,000
Metropolitan Council Fleet Management Procedures Page 19
- — — — — — _— - - — �
I
Procedure 18: Replacement B�ses: Included Ancitlary Costs
A n ci l la ry Item s - _ _--- - _ _ _ __ . ---- ------- ------------ ___ _ ----- -- --- -
-- _ __ _ _ __ -- _..
; *Small Buses with No
(continued) Vehicfe/ ; 30'/40'lArticulated/ I'`Small Buses Used ; Regional Fare Collection
Service Type � Commuter Coach i for Fixed Routes I Equip./DAR Service
____ ____._.._ _ ...___ --- ______ _.__--- -._..._ _._._._ _.—._..- ----_. :. ._ _______ ._____. _ _
Cavered Items �• Security System � Security System !• Radio system
: AND installation installation ' installation
;• Radio system � Radio system '• Vehicle graphics AND
i AND installation installation � installation
`� Fare system '• Fare system �' • Security System
� hardware And � hardware and : installation
installation � installation �• Spare parts /
�■ Vehicle graphics I� Vehicle graphics � diagnostic equipment
: AND installation � AND installation
�� Bike racks AND !• Bike rack
; installation installation .
: • Regional AVL • Regional AVL
� equipment AND instaliation i
� installation • Spare parts / �
� ■ Spare parts / diagnostic �
; diagnostic equipment '
� equipment I
Max Council � '
Contribution Y�43�5�0 _ � $6 Q00__ �1 S00
_ .._ _ --__._ __ _ --- _ _ _. -- � — - --_..__._ __. r _ ..._.._
.__...___ _ __ . _. _.._.__
Optional Item ��-APC equipment •APC equipment !•AVL/MDC equipment
! AND instaflation installation '; insta{lation
�
Max. Council ;
Contribution ; $5,000 j $5p0 � $500
* Small buses, with repfacement cycles oP 5 or 7 years, are assumed to use existing anciflary equipment
for two consecutive vehicle cycles. The cost covered shall use the Expansion Bus figures for every other
replacement cycle to assure that ancillary equipment is used for at least 10 years before replacement.
Metropolitan Council Fleet Management Procedures Page 20
_ __ _ ___
_ _ __ _ _
_ _ __ _____
I
STANDARD VEHICLE CONFIGURATIONS
� Exhibit A:
45' Coach Bus
1. Engine Size/Type
The engine shall be designed to operate for not less than 5Q0,000 miles without major failure or deterioration, The engine
shall be designated as "Heavy Duty" for use in a mass transit appfication. The engine shaii be sized such that performance
and fuel economy are maximized and operating costs and capital costs are minimized.
' 2. Transmission
The transmission shall be multiple-speed, automatic shift with torque converter, retarder and electronic controls with a
I heavy-duty transit application. Gross input power, gross input torque and rated input speed shall be compatible with the
engine. The diese) transmission shall be designed to operate for not less than 50o,000 miles on the design operating profile �
without replacement or major service. Brand name and specs shall be compatible to the engine chosen.
3. Engine block heater
Special equipment or procedures may be employed to slart the engine when exposed to temperatures less than 30°F, for a
minimum of faur hours without the engine in operation. All cold-weather engine-heating devices shall be of the type
recommended by the engine manufacturer and approved by the procuring agency.
4, Cooling System
The engine shall be cooled by a water-based, pressure-type cooling system that does not permit boiling or caolant loss
during normal vehicle operation. The system shall be of sufficient size to maintain all engine and transmission fluids and
intake air at a safe, continuous temperature. The cooling system will maintain a safe and operable temperature range
during the most severe operations possible and in accordance with the engine and transmission manufacturers' cooling-
system requirements. The cooling fan should engage when any fluid is above safe operating temperatur
5. Brakes
5ervice brakes shall be contro(led and actuated by a compressed air system, and shall meet FMVSS 121 requirements. A
microprocessor-controlled ABS system shall be provided, The entire brake system, including friction material shall have a
i minimum overhaul ar replacement life of 30,000 miles with a brake retarder on operating profile. Brakes shal{ be self-
adjusting throughout this period. Wheel bearings and seals shall be replaceable and should not leak or weep lubricant for at
least 100,000 miles.
6. Suspension
Metropolitan Council Fleet Management Procedures Page 21
I
The suspension system shall permit a minimum wheel travel of 3 inches jounce upward travel of a wheel when the bus hits
a bump. Suspensions shall incorporate appropriate devices for automatic height controi, so that regardless of load the bus
height does not deviate more than '/z inch from center line. Shock absorbers shall be used to dampen bus motion and
variable road conditions. Shock absorbers shall maintain their effectiveness for at least 50,000 miles.
7. Frame and Body
The preferred chassis material is stainless steel and the upper frame components may be stainless steel, corrosion-
protected aluminum or corrosion-protected carbon steel. Exterior body panels shall be corrosion protected aluminum,
composite material or stainless steel.
8. Bumpers
The bumpers shall provide impact protection for the front and rear of the bus. Bumper height shall be such that when one
bus is parked behind anather, a portion of the bumper faces will contact each other. The front and rear bumper shall not be
damaged as a result of an impact of up to 5 MPH. The bumper shall be corrosion-resistant and withstand repeated impacts
of up to 5 MPH without sustaining damage.
9. Rust Proofing
The bus shall resist corrosion from atmospheric conditions and road salts. It shall maintain strucYural integrity and original
appearance throughout its service life. Ail exposed surfaces and the interior surfaces of tubing and other enclosed mernbers
shall be protected with corrosion-resiskant coatings. All joints and connections of difPerent metals shall be corrosion-
resistant and shall be protected from galvanic corrosion.
10. Undercoating
The underside of the bus shall be coated with an appropr and flarne retardant undercoating to protect the undercarriage
of the bus from any type of corrosion or fire that may result from road salt or variable weather or road conditions. Corrosion
protection materials shall not require inspection or repair more often than bi-annually and should not require cleaning other
than from a standard automated bus wash racl<.
The following Items are specified to meet the manufacturer's standard:
1.. Transit bus amenities to include grab rails, pull cords, destination headers, bus stop enunciators, placard holders (Fixed-
' route buses only)
2, ADA-compliant wheelchair lift or ramp
3. Seats and seat upholstery
4. Exterior body style
5. Flooring style and material
Metropolitan Council Fleet Management Proeedures Yage "l2
___ _ _ _____ _ __
__ __ _ _ _ ___ _ ____ ____ _ _ ____ ____ ___ _ ____ __ _ ___ _ ___ ________
�
I
6. Exterior paint finish: Powder white is the standard; no clear coat
I 7, Afl interior signage to comply with ADA
I �
� i
I
'� I
�
�
I
�
Metropolitan Council Fleet Management Procedures Page 23
I
Exhibit B:
60' Articulated `Fransit Bus
l. Engine Size/Type
The diesel engine shall be designed to operate for not less than 300,000 miles without major failure or deterioration. The
engine shall be designated as "Heavy Duty" for use in a mass transit application and shall be sized such that performance
and fuel economy are maximized and operating costs and capital costs are minimized.
Z. Transmission
The transmission shall be multiple-speed, automatic shift with torque converter, retarder and electronic controls for use in a
mass transit application, Gross input power, gross input torque and rated input speed shall be compatible with the engine
and provide maximum performance and fuel economy. The transmission shall be designed to operate for not less than
300,000 miles on the design operating profile without replacement or major service, Brand name and specs shall be
compatible to the engine chosen.
3. Engine Block Heater
Special equipment or procedures may be employed to start the engine when exposed to temperatures less than 30°F, for a
minimum of four hours wikhout the engine in operation. A11 cold-weather engine-heating devices shall be of the fiype
recommended by the engine manufacturer and approved by the procuring agency.
4. Cooling System
The engine sha{I be cooled by a water-based, pressure type, cooling system that does not permit boiling or coolant loss
during normal vehicle operation. The sysrem shall be of sufficient size to maintain all engine and transmission fluids and
intake air at a safe, continuous temperature in accordance with the engine and transmission manufacturers' requirements.
5. Brakes �
Service brakes shall be �ontrolied and actuated by a compressed-air system, A microprocessor-controlled ABS system shall
be provided. The entire brake system, including friction material, shall have a minimum overhaul or replacement life of
30,000 miles with a brake retarder on operating profile, Brakes shall be self-adjusting throughout this period. Wl�eel
bearings and seals shall be replaceable and should not leak or weep lubricant for 100,000 miles,
6. Suspension
Suspensions shall incorporate appropriate devices for automatic height control. Shocl< absorbers shall be used to dampen
bus motion and variable road conditions. Shock absorbers shall maintain their eFfectiveness for at least 50,000 miles.
Meti Council Fleet Management Procedures Page 24
_ __ _ _ _ _ _ _ _ _ _ __ _ __ _ _ __ _
__ _ _ ___ _ ___ _ _ _ _ _ _ ___ _ _
_ _ ____ __
� 7. Frame and Body
, The preferred chassis material is stainless steel and the upper Frame components may be stainless steel, corrosion-
protected aluminum or corrosion-protected carbon steel. Exterior body panels shall be corrosion-protected aluminum,
composite material or stainless steel.
8. Bumpers
The bumpers shall provide impact protection for the front and rear of the bus. Bumper height shall be such that when one
bus is parked behind another, a portion of the bumper faces will contact each other. The Front and rear bumper shall not be
damaged as a resuit of an impact of up to 5 mph. The bumper shall be corrosion-resistant and withstand repeated impacts
of up to S mph without sustaining damage.
9. Rust Proofing
The bus shall resist corrosion from atmospheric conditions and road salts. It shall maintain structural integrity and original
appearance throughout its service life. All exposed surfaces and the interior surfaces of tubing and other enclosed members
shall be protected with corrosion-resistant coatings. A!{ }oints and connections of different m�tals shall be corrosion-
resistant and shall be protected from galvanic corrosion.
10. Undercoating
The underside of the bus shall be coated with an appropriate and flame-retardant unc�ercoating to protect the undercarriage
of the bus from any type of fire or corrosion that may result from road salt or from variable weather or road conditions,
Corrosion-protection materials shall not require inspection or repair more often than bi-annually and should not require
cleaning other than from a standard automated bus wash rack..
The following items are specified to meet the manufact�arer's standard:
1. Transit bus amenities ta include grab rails, pull cords, destination headers, bus stop enunciators, placard holders (fixed-
route bus�s only)
2. ADA compliant wheelchair lift or ramp
3. Seats and seat upholstery
4. Exterior body style
5. Flooring style and material
6. Exterior paint finish : Powder white is the standard; no cfear caat
7. All interior signage to comply with ADA
Metropolitan Counci! Fleet Management Procedures Page 25
EXr,�b�t c:
40' Lowfloor Diesel Bus and Hybrid Bus
1. Engine Size/Type
The diesel and hybrid engines shall be designed to operate for not less than 400,000 miles without major f�ilure or
deterioration. The engines shall be designated as "Heavy Duty" for use in a mass transit application. The engines shall be
sized such that performance and fuel economy are maximized and operating costs and capital costs are minimized.
2. Transmission
The transmission shall b� multiple-speed, automatic shift with torque converter, rerarder and efectronic controls with a
heavy-duty transit application. Gross input power, gross input torque and rated input speed shall be compatible with the
engine. The diesel transmission shall be designed to operate for not less than 400,000 miles on the design operating profile
without replacement or major service.
3. Engine Block Heater
Special equipment or procedures may be employed ta start the engine wl�en exposed to temperatures less than 30°F, for a
minimum of four hours without the engine in operation. All cold-weather engine-heating devices shall be oF the type
recommended by the engine manufacturer and approved by the procuring agency.
4, Cooling System
The engine shall be cooled by a water-based, pressure-type cooling system that does not permit boiling or coolant loss
during normal vehicle operation. The system shall be of sufficient size to maintain all engine and transmission fluids and
intake air at a safe, continuous temperature. The cooiing system will maintain a safe and operable temperature range
during the most severe operations possible and in accordance with the engine and transmission manufacturers' cooling-
system requirements. The cooling fan should engage when any fluid is above safe operating temperature,
5. Brakes
Servic� brakes shall be controlled and actuated by a cornpressed air system, and shall meet FMVSS lz1 requirements. A
microprocessor-controlled ABS system shall be provided. The entire brake system, including friction material, shall have a
minimum overhaul or replacement life of 30,000 miles witt� a brake retarder on operating profile. Brakes shall be self-
ad}usting throughout this period. Wheel bearings and seals shall be replaceable and should not leak or weep lubricant for at
{east 100,OOQ miles.
Metropolitan Councii Fleet Management Procedures � Page 26
i �
6. Suspension
The suspension system shall permit a minimum wheel travel of 3 inches jounce upward travel of a wheel when the bus hits
a bump. Suspensions shall incorporate appropriate devices for automatic height control, so that regardless of load the bus
! height does not deviate more than '/a inch from center line. Shock absorbars shall be used to dampen bus motion and
variable road conditions. Shock absorbers shall maintain their effectiveness for at least 50,000 miles.
7, Frame and Body
The preferred chassis material is stainless steel and the upper frame components may be stainless steel, corrosion-
protected aluminum or carrosion-protected carbon steel. Exterior body panels shall be corrosion protected aluminum,
composite material or stainless steel.
�� 8. Bumpers
The bumpers shall provide impact protection for the front and rear of the bus. Bumper height shail be such that when one
bus is parked behind another, a portion of the bumper faces will contact each other. The front and rear bumper shall not be
damaged as a result of an impact of up to 5 MPH. The bumper shall be corrosion-resistant and withstand repeated impacts
of up to 5 MPH without sustaining damage,
9. Rust Proofing
� The bus shall resist corrosion from aCmospheric conditions and road salts. It shall maintain structural integrity and original
appearance throughout its service fife, All exposed surfaces and the interior surfaces of tubing and other enclosed rnembers
shall be protected with corrosion-resistant coatings. All joints and connections of different metals shall be corrosion-
resistant and shall be protected from galvanic corrosion.
10. Undercoating
The underside of the bus shall be coated with an appropriate and flame retardant undercoating to p rotect the undercarriage
of the bus from any type of fire or corrosion that may result from road salt or variable weather or road conditions, Corrosion
, protection materials shall not require inspection or repair more often than bi-annually and should not require cleaning other
than from a standard automated bus wash rack.
The following items are specified to meet the manufacturer's standard;
1. Transit bus amenities to include grab rails, pull cords, deskination headers, bus stop enunciators, placard holders (fixed-
raute buses only)
2. ADA compliant wheelchair lift or ramp
4. Seats and seat upholstery
5. Exterior body style
Metropolitan Council Fleet Management Procedures Page 27
_ __ _ _ _ __ _____ __ _
__
6. Ffoorin st le and material I I�
9 Y
7. �xterior paint finish; Powder white is the standard; no clear coar I
8. All interior signage to comply with ADA '�
i
I
�I
�
Metropolitan Council Fleet Management Procedures Page 28
__ _
Exhibit D:
30' Transit Bus and Medium-Duty Transit Bus
1. Engine Size/Type
� The engine shall be designed to operate for not less than 300,000 miles without major failure or deterioration. The engine
shall be designated as "Heavy Duty" for use in a mass transit application.
2. Transmission
The transmission shall be multiple-speed, automatic shift with torque converter, retarder and electronic controls with a
heavy-duty transit application. Gross input power, gross input torque and rated input speed shall be compatible with the
engine. The transmission shall be designed to operate for not less than 300,000 miles on the design operating profile
without replacement or major service. .
3. Engine Block Heater
5pecial equipment or procedures may be employed to start the engine when exposed to temperatures less than 30°F, for a
minimum of four hours without the engine in operation. All cold-weather engine-heating devices shall be of the type
recommended by the engine manufacturer and approved by the procuring agency.
4. Cooling System
The engine shall be cooled by a water-based, pressure-type cooling system that does not permit boiling or coolant loss
during normal vehicle operation. The system shall be of sufficient size to maintain all engine and transmission fluids and
intake air at a safe, continuous temperature, The cooling system will maintain a safe and operable temperature range
during the most severe operations possible and in accordance with the engine and transmission rnanufacturers' cooling-
system requirements. The cooling fan should engage when any fluid is above safe operating temperature.
5. Brakes
Service brakes shall be controlled and actuated by a compressed air system and shall rneet FMVSS 121 requirements. A
microprocessor-controlled ABS system shall be provided. The entire brake system, including friction material shall have a
minimum overhaul or replacement life of 30,000 miles with a brake retarder on operating profile. Brakes shall be self-
adjusting throughout this period, Wheel bearings and seals shall be replaceable and should not leak or weep tubricant for at
least 100,000 miles.
6. Suspension
Suspensions shall incorporate appropriate devices for automatic height control. Shock absorbers shall be used to dampen
bus motion and variable road conditions. Shock absorbers shall maintain their effectiveness for at least 50,000 miles,
7. Frame and Body
Metropolitan Council Fleet Management Procedures Page 'l9
The preferred chassis material is stainless steel and the upper frame components may be stainless steel, corrosion-
protected alum+num or corrosion protected carbon steel. Exterior panels shall be corrosion-protected aluminum, composite
material or stainless steel.
8. Bumpers
The bumpers shall provide impact protection for the front and rear oF the bus. Bumper height shall be such that when one
bus is parked behind another, a portion of the bumper faces will contact each other, The front and rear bumper shall not be
damaged as a result of an impact of up to 5 MPH. The bumper shall be corrosion-resistant and withstand repeated impacts
of up to 5 MPH without sustaining damage. .
9. Rust Proofing
The bus shall resist corrosion from atmospheric conditions and road salts. It shall maintain structural inteyrity and original
appearance throughout its service life. All exposed surfaces and the interior surfaces of tubing and other enclosed members
shall be protected with corrosion-resistant coatings. All joints and connections of different metals shall be corrosion-
resistant and shall be protected from galvanic corrosion.
10. Undercoating
Tl�e underside oF the bus shall be coated with an appropriate and flame retardant unclercaating to protect the undercarriage
of the bus from any type of fire or corrosion that may result from road salt or variable weather or road conditions,
The following items are specified to meet the manufacturer's standard:
i. Transit bus amenities to include grab rails, pull cords, destination headers, bus stop enunciators, placard holders (fixed-
route buses only)
2. ADA compliaht wheelchair lift or ramp
4. Seats and seat upholstery
5. Exterior body style
6. Flooring style and material
7. Exterior paint finish: Powder white is the standard; no clear coat
8. All interior signage to comply witl� ADA
Metropo�itan Council Fleet Management Procedures Page 30
.
Exhibit E:
Heavier-Duty Small Bus
1. Engine Size/Type
The engine shall be designed to operate for not less than z50,000 miles without major failure or deterioration. The engine
shall be designated as "Heavy Duty" for use in a mass transit application.
2. Transmission
The transmission shall be multiple-speed, automatic shift with torque converter, retarder and electronic controls with a
heavy-duty transit application. Gross input power, gross input torque and rated input speed shall be compatible with the
engine. The transmission shall be designed to operate for not less than 250,000 miles on the design operating profile
without replacement or major service. Transmission brand name and specs shali be cornpatible to the engine chosen,
3. Engine Block Heater
Special equipment or procedures may be employed to start the engine when exposed to temperatures less than 30°F, for a
minimum of Pour hours without the engine in operation. All cold-weather engine-heating devices shall be of the type
recommended by the engine manufacturer and approved by the procuring agency.
4. Cooling System
The engine shall be cooled by a water-based, pressure-type cooling system that does not permit boiling or coolant loss
during normal vehicle operation. The system shail be of sufficient size to maintain all engine and transmission fluids and
intake air at a safe, continuous temperature. The cooling system will maintain a safe and operable temperature range
during the most severe operatians possible and in accordance with the engine and trahsmission manufacturers' cooling-
system requirements. The cooling fan should engage when any fluid is above safe operating temperature.
5. Brakes
Service brakes shall be controlled and actuated by a hydraulic disc system. A microprocessor-controlled ABS sysCem shall
be provided. The entire brake system, incfuding friction material, shall have a minimum overhaul or replacement life of
30,000 miles. Brakes shall be self-adjusting tf�roughout this period. Wheel bearings and seals shall be repfaceable and
should not leak or weep lubricant for 100,000 miles.
6. Suspension
The suspension system shall permit a minimum wheel travel of 3 inches jounce upward travel oF a wheel when the bus hits
a bump. Suspensions shall incorporate appropriate devices for automatic height control, so that regardless of load, the bus
height does not deviate more than '/z inch from center line, Shock absorbers shall be used to dampen bus motion and
variable road conditions. Shock absorbers shall maintain their effectiveness for at least 50,000 miles.
Metropolitan Council Fleet Management Procedures Page 31
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7. Stainless Steel Where Practical '
Stainless steel options should be provided during option selection. Possible uses for tr�is type of material would be framing,
skirting, lower body panels, rivets, screws and body detailing.
8, Bumpers
The bumpers shall provide impact protection for the front and rear of the bus. Bumper f�eight shall be such that wl�en one
bus is parked behind another, a portion af the bumper faces will contact each other. The front and rear bumper shall not be
damaged as a result of an impact of up to 5 mph. The bumper shall be corrosion-resistant and withstand repeated impacts
of up ta 5 mph without sustaining damage.
9. Rust Proofing
The bus shall resist corrosion from atmospheric conditions and road salts. It shall maintain structural integrity and original
appearance throughout its service life, All exposed surfaces and the interior surfaces oP tubing and other enclosed members
shall be protected with corrosion-resistant coatings. All joints and connections ofi difFerent metals shall be corrosion-
resistant and shall be proCected from galvanic corrosian.
10. Undercoating
The underside of the bus shall be coated with an appropriate and flame retardant undercoating to protect the undercarriage
of the bus from any type of fire or corrosion that may result from road salt or variable weather or road conditions,
The fallowing items ai specified to meet tl�e maniafacturer's standar
1. Transit bus amenities ta include grab rails, pull cords, destination headers, bus stop enunciators, placard holders (fixed-
route buses only) .
2. ADA compliant wheelchair IiPt or ramp
3. Seats and seat upholstery
4. Exterior body style
5. Flooring style and material
6. Exterior paint finish: Pawder white is the standard; no clear coat
7. All interior signage to comply with ADA
Metropolitan Council Fleet Management Procedures Page 3"L
_ __ _ _
Exhibit F:
Light-Duty Smail Bus
1. Engine Size/Type
The engine shall be designed to operate Por not less than 200,000 miles without major failure or deterioration. The engine
shall be designated as "Heavy Duty" for use in a mass transit application.
2. Transmission
The transmission shall be multiple-speed, automatic shift with torque converter, retarder and electronic controls with a
heavy-duty transit application. Gross input power, gross input torque and rated input speed shall be compatible with the
engine. The transmission shall be designed to operate for not less than 200,000 miles on the design operating profile
without replacement or major service. Transmission brand name and specs shall be cornpatible to the engine chosen.
3. Engine Block Heater
Special equipment or procedures may be employed to start the engine when exposed to temperatures less than 30°F, for a
minimum of four hours without the engine in operation. All cold-weather engine-heating devices shall be of the type
recommended by the engine manufacturer and approved by the procuring agency.
4. Cooling System
7he engine shall be cooled by a water-based, pressure-type cooling system that does not permit boiling or coolant loss
during normal vehicle operation. The system shall be of sufficient size to maintain all engine and transmission fluids and
intake air at a safe, continuous temperature, The cooling system wiil maintain a safe and operable temperature range
during the most severe operations possible and in accordance with the engine and transmission manufacturers' cooling-
system requirements. The cooling fan should engage when any fluid is above safe operating temperature.
5. Brakes
' Service brakes shall be controlled and actuated by a hydraulic disc system. A microprocessor-controlled ABS system shall
be provided. The entire brake system, including friction material shall have a minimum overhaul or replacement life of
30,000 miles. Brakes shall be self-adjusting throughout this period. Wheel bearings and seals shall be replaceable and
should not leak or weep lubricant for 100,000 miles.
6. Suspension
The suspension syst�m shall permit a minimum wheel travel of 3 inches jounce upward travel of a wheel when the bus hits
a bump. Suspensions shall incorporate appropriate devices for automatic height control, so that regardless of load, the bus
height.daes not deviate more than'/z inch from center line. Shock absorbers shall be used to dampen bus motion and
variable road conditions. Shock absorbers shall maintain their effectiveness for at least 50,000 miles.
Metropolitan Council Fleet Management Procedures Page 33
7. Stainless Steel Where Practical
Stainless steel options should be provided during option selection. Possible uses for this type of material would be framing,
skirting, lower body panels, rivets, screws and body detailing.
8. Bumpers
The bumpers shall provide impact protection for the front and rear of the bus. Bumper height shall be such that when one
bus is parked behind another, a portion of the bumper faces will contact each other. The front and rear bumper shall not be
damaged as a result of an impact of up to 5 MPH. The bumper shall be corrosion resistant and withstand repeated impacts
of up to 5 MPH without sustaining damage.
9. Rust Proofing
The bus shall resist corrosion from atmospheric conditions and road salts. It shall maintain structural integrity and original
appearance throughout its service life. Afl exposed surPaces and the ii�terior surfaces of tubing and other enclosed mernbers
shall be protected with corrosion-resistant coatings. All joints and connections of different metals shall be corrosion-
resistant and shall be protected from galvanic corrosion.
10. Undercoating
The underside of the bus shall be coated with an appropriate and flame retardant undercoating to protect the undercarriage
of the bus from any type of fire or corrosion that may result from road salt or variable weather or road conditions.
The following items are specified to meet the manufacturer's standard:
1. Transit bus amenities to include grab rails, pull cords, destination headers, bus stop enunciators, placard holders (fixed-
route buses only)
2. ADA compliant wheelchair lift or ramp
3. Seats and seat upholstery
4. Exterior body style
5. Flooring style and material
6. Exterior paint finish: Powder white is the standard; no clear coat
7. All interior signage to comply with ADA
Metropolitan Council Fleet Management Procedures Page 34
Exhibit B
Vehicle Num Year Vin Num Model Year: Manufacture - Model - Chassis - Vendor - Fuel Garage Organization Provider
6053 2007 1M8PDMPA17P057884 2007-MCI: D4500 - MCI - MCI - Df Schmitty & Sons-Lakeville SHAKOPEE SCHMITTY & SONS
MGO1 1999 15GDD2010X1089283 1999-Gillig: PHANTOM - GILLIG - GILLIG - DF Schmitty & Sons-Lakeville SHAKOPEE SCHMITTY & SONS
4017 2006 1M8PDMPA47P057880 2006-MCI: D4500 - MCI - MCI - DF Schmitty & Sons-Lakevilie SHAKOPEE SCHMITTY & SONS
4018 2006 1M8PDMPA67P057881 2006-MCI: D4500 - MCI - MCI - DF Schmitty & Sons-Lakeville SHAKOPEE SCHMITTY & SONS
4019 �006 1M8PDMPA87P057882 2006-MCI: D4500 - MCI - MCI - DF Schmitty & Sons-Lakeville SHAKOPEE SCHMITTY & SONS
4020 2006 1M8PDMPA87P057879 2006-MCI: D4500 - MCI - MCI - DF Schmitty & Sons-Lakeville SHAKOPEE SCHMITTY & SONS
MG03 1999 15GDD2010X1089285 1999-Gillig: PHANTOM - GILLIG - GILLIG - DF Schmitty & Sons-Lakeville SHAKOPEE SHAKOPEE
MG07 1999 15GDD2015X1089289 1999-Gillig: PHANTOM - GILLIG - GILLIG - DF Schmitty & Sons-Lakeville SHAKOPEE SHAKOPEE
MG02 1999 15GDD2010X1089284 1999-Gillig: PHANTOM - GILLIG - GILLIG - DF Schmitty & Sons-Lakeville SHAKOPEE SHAKOPEE
MG04 1999 15GDD2010X1089286 1999-Gillig: PHANTOM - GILLIG - GILLIG - DF Schmitty & Sons-Lakeville SHAKOPEE SHAKOPEE
�
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EXlIII3iT I3
SPECIFIC FEDERAL REQUIREMENTS
I
FTA-1 Fly America Requirements. The Contractor agrees to comply with 49 U.S.C. � 40118
(the "Fly America Act") in accordance with the General Services Administration's reDulations at
41 C.F.R. part 301-10, which provide that recipients and subrecipients of Federal funds and their
' contractors are required to use U.S. Flag air carriers for U.S. Government-financed international
air travel and transportation of their personal effects or property, to the extent such service is
available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly
America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate
certification or memorandum adequately explaining why service by a U.S. flag air carrier was
not available or why it was necessary to use a foreign air carrier and shall, in any event, provide
a certificate of compliance with the Fly America requirements. The Contractor agrees to include
the requirements of this section in all subcontracts that may involve international air
transportation.
FT'�-2 Energy Conservation. The Cor�tractor agrees to corr�ply with mandatcry standards and
policies relating to energy efficiency which are contained in the state energy conservation plan
I issued in compl�ance with the federal Energy Policy and Conservation Act.
' FTA-3 Access to Records and Reports. The Contractor agrees to provide the Council, the
i FTA Administrator, the Comptroller General of the United States, and any of their authori�ed
representatives access to any books, documents, papers and records of the Contractor which are
directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and
� transcriptions.
The Contractor also agrees, pursuant to 49 C.F.R. § 633.15, to provide the FTA Administrator or
the Administrator's authorized representatives, including any project management oversight
(PMO) contractor, access to the Contractor's records and construction sites pertaining to a major
capital project, defined at 49 U.S.C. § �302(a)(1), which is receiving federal financial assistance
� through the programs described at 49 U.S.C. §� 5307, 53Q9, or �311.
�� The Contractor agrees to permit any of the foregoing parties to reproduce such documents by any
means whatsoever or to copy excerpts and transcriptions as reasonably needed. In addition to
' any other requirements for maintenance of project records and documents in this contract, the
Contractor agrees to maintain such records and documents until the Council, the FTA
Administrator, the Comptroller General, or any of their duly authorized representatives have
disposed of all litigation, appeals, claims or exceptions arisin� from the performance of this
contract '
FTA-4 Federal Changes. The Contractor shall at all times comply with the required FTA !
clauses set forth in this contract and with all applicable FTA re�ulations, policies, procedures and
directives including, without limitatiori, those listed directly or by reference in the Master
Agreement between the Council and FTA, as they may be amended or promulgated from time to
time during the term of this contract. The Contractar's failure to so comply shall constitute a
material breach of this contract. '
i
EXHIBIT C i
FTA-� Recovered Materials. The Contractor agrees to comply with all the requirements of I
Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. I
� 6962), including but not limited to the reRulatory provisions of 40 C.F.R. part 247, and '
Executive Order 12873, as they apply to the procurement of the items desibnated in subpart B of
40 C.F.R. part 247.
�
FTA-6 No Obligation by the Federal Government. The Council and the Contractor
acknowledge and abree that, notwithstanding any concun by the federal Qovernment in or
approval of the solicitation or award of this contract, absent the express written consent by the
federal government, the federal government is not a party to this contract and shall not be subject
to any obligations or liabilities to the Council, the Contrac�or, or any other party (whe�her or nol I
a party to the contract) pertaining to any matter resulting from this contract. �
The Contractor a�rees to include the preceding clause in each subcontract under this contract and '
that the clauses shall not be modified, except to identify the subcontractor who will be subject to ,
the provisions.
FTA-7 Program Fraud and False or Fraudulent Statements or Related Acts. The
Contractor acknowledges that the provisions of the Pro�ram Fraud Civil Remedies Act of 1986,
as amended, 31 U.S.C. § 3801 et seq., and USDOT rebulations, "Program Fraud Civil
Remedies," 49 C.F.R. part 31, apply to its actions pertaining to this contract. Upon execution of
this contract, the Contractor eertifies or affirms the truthfulness and accuracy of any statement is
has made, it makes, it may make, or causes to be made, pertaining to the contract or the FTA-
assisted project for which this contract work is being performed. In addition to other penalties
that may be applicable, the Contractor further acl:nowledges that if it malces, or causes to be
made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal i
Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act
of 1986 on the Contractor to the extent the Federal Government deems appropriate.
I
The Contractor also acknowledges that if it malces, or causes to be made, a false, f ctitious, or
fraudulent claim, statement, submission, or certification to the Federal Government under a I
contract connected with a project that is financed in whole or in part with Federal assistance '
originally awarded by FTA under the authority of 49 U.S.C. chapter �3, the Federal Government '
reserves the right to impose the penalties of 18 U.S.C. § 1001, 49 U.S.C. § 5307(k)(1), 49 U.S.C. '
§ 5323(1) or other applicable federal law on the Contractor, to the extent the Federal Government
deems appropriate. I
The Contractor agrees to include the above language in each subcontract under this contract and I ,
that the clauses shall not be modified, except to identify the subcontractor who will be subject to �,
the provisions.
i
FTA-8 Civil Rights. The following requirements apply to this contract: '
1. Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as
amended, 42 U.S.C. § 2000d et seq. and USDOT regulations "Nondiscrimination in
Federally-Assisted Programs of the Department of Transportation — Effectuation of
I
I
I
i
I
Title VI of the Civil Rights Act," 49 C.F.R. part 21, section 303 of the Age
Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the
Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and federal transit law
at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate aaainst any
employee or applicant for employment because of race, color, creed, national origin,
sex, age, or disability. In addition, the Contractor agrees to comply with applicable
federal implementing regulations and other implementing requirements FTA may
issue.
2. Equal Employment Opportunity. The following equal employment opportunity
requirements apply to this contract:
a. Race, Color, Creed, National Origin, Sex. In accordance with Title VII
of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and federal transit
laws at 49 U.S.C. § 5332, the Contractor a�rees to comply with all applicable
equal employment opportunity requirements of U.S. Department of Labor
(U.S. DOL) regulations, "Office 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. � 2000e note), and with any applicable Federal statutes, executive
orders, regulations, and Federal policies that may in the future affect
construction activities undertaken in the course of this contract. The
Contractor agrees to take affirmative action to ensure tnat applicants are
employed, and that employees are treated during employment, without regard
to their race, color, creed, national origin, sex, or age. Such action 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. In addition, the Contractor agrees to
comply with any implementing requirements FTA may issue.
b. Age. In accordance with section 4 of the Age Discrimination in
Employment Act of 1967, as amended, 29 U.S.C. § 623 and Federal transit
law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination ,
against present and prospective employees for reason of age. In addition, the
Contractor agrees to comply with any implementing requirements FTA may
issue.
c. I3isabiiities. In accordance with section 102 of the Americans with
Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it
will comply with the requirements of U.S. Equal Em.ployment Opportunity
commission, "Regulations to Implement the Equal Employment Provisions of
the Americans with Disabilities Act," 29 C.F.R. part 1630, pertaining to
_ I
employment of persons with disabilities. In addition, the Contractor agrees to
comply with any implementing requirements FTA may issue.
3. Inclusion in Subcontracts. The Contractor a�rees to include the requirements of
this Section FTA-8 in each subcontract under this contract, modiiied only to identify
the subcontractor that will be subject to the provisions.
FTA-9 Disadvantabed Business Enterprise ("DBE")
1. Nondiscrimination. Pursuant to 49 C.F.R. �?6.13, the Contractor, sub-recipient I
or subcontractor shall not discriminate on the basis of race, color, national ori�in, or
sex in the perforrnance of this contract. The Contractor shall carry out applicable
requirements of 49 C.F.R. part 26 in the award and administration of this DOT-
assisted contract. Failure by the Contractor to carry out these requirements is a
material breach of this contract, which may result in the termination of this contract
or such other remedy, as the Council deems appropriate. The Contractor shall include
this requirement in alI subcontracts pursuant to this contract.
2. Prompt Payment. The Contractor agrees to pay subcontractors within 10
calendar days of the Contractor's receipt of payment from the Council for undisputed
services provided by the subcontractor. The Contractor agrees to pay subcontractors
all undisputed retainage payments within 10 calendar days of the Contractor's receipt
of payment of retainage from the Council. The Contractor shall not postpone or delay
any undisputed payments owed subcontractors without good cause and without prior
written consent of the Council. The Contractor agrees to include in all subcontracts a
provision requiring the use of appropriate alternative dispute resolution mechanisms
to resolve payment disputes. The Contractor will not be reimbursed for work
performed by subcontractors unless and until the Contractor ensures that
subcontractors are promptly paid for work they have performed. Failure to comply
with the provisions of this section may result in the Council f nding tlle Contractor in
noncompliance with the DBE provisions of this contract.
FTA-10 Incorporation of FTA Terms. Specific provisions in this contract include, in part,
certain standard terms and conditions required by USDOT, whether or not expressly set forth in
the contract provisions. All contractual provisions required by USDOT, as set forth in 49 C.F.R.
§ 18.36 and FTA Circular 4220.1F, are hereby incorporated by reference. Notwithstanding
anything to the contrary in this contract, all FTA mandated terms shall be deemed to control in
the event of a conflict with other provisions contained in this contract. The Contractor shall not
perform any act, fail to perform any act, or refuse to comply with any Council requests which
would cause the Council to be in violation of the FTA terms and conditions.
FTA-l0a National Intelligent Transportation Systems Architecture and Standards. To the
extent applicable, the Contractor agrees to conform to the National Intelligent Transportation
Systems (ITS} Architecture and Standards as required by SAFETEA-LU § 5307(c), 23 U.S.C. �
512 note, and to comply with FTA Notice, "FTA National ITS Architecture Policy on Transit
�
Projects" b6 Fed. Reg. 1455 et seq., January 8, 2001, and other Federal requirements that may be
issued.
FTA-ll Clean Water. The Contractor abrees to comply with all applicable standards, orders,
or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C.
§ 1251 et seq. The Contractor agrees to report each violation to the Council and understands and
agrees that the Council will, in turn, report each violation as required to assure notification to the
FTA and the appropriate Environmental Protection Agency (EPA) Regional Office. The
Contractor also agrees to include these requirements in each subcontract exceeding $100,000
financed in whole or in part with Federal assistance provided by FTA.
FTA-12 Certification of Restrictions on Lobbying; Disclosure. The Contractor certifies that
no federal appropriated funds have been paid or will be paid by or on behalf of the Contractor, to
any person for influencing or atteinpting to influence an officer or employee of an a�ency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any federal contract, the making of any federal
grant, the making of any federal loan, the entering into ot any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any federal contract, grant,
loan, or cooperative agreement. The certification of this compliance ("Lobbying Restriction
Certification") submitted by the Contractor in connection with this project is incorporated into,
and made a part of, this agreement.
The Contractor further certifies that, if any funds other than federal appropriated funds have been
paid or will be paid to any person for influencing or attemptin� to influence an officer or
employee or any federal a�ency, a member of Congress, an officer or employee of Congress, or
an employee of a member of Congress in connection with this federal contract, grant, loan or
cooperative agreement, the Contractor shall complete and submit to the Council, Standard Form-
LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
a
The Contractor certifies that it will re uire the lan ua e of this certification e�
I q g� b included in the
award documents for any subcontracts equal to or in excess of $100,000.00 under this �
agreement, and that all subcontractors shall certify and disclose accordinbly to the Contractor.
The certifications referred to in this section (including the "Lobbying Restriction Certification"
submitted by the Contractor in connection with this project and incorporated in, and made a part
of, this agreement) are material representations of fact upon which the Council relies when this
�� contract is made. I
FTA-13 Clean Air. The Contractor agrees to comply with all applicable standards, orders, or
regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. � 7401 et seq. The
Contractor a�rees to report each violation to the Council and understands and agrees that the
Council will, in turn, report each violation as required to assure notification to the FTA and the
appropriate Environmental Protection Agency (EPA) Regional Office. The Contractor also
a�rees to include these requirements in each subcontract exceedin� $100,000 financed in whole �
or in part with Federal assistance provided by FTA.
I�
FTA-14 Suspension and Debarment. This contract is a covered transaction for the purposes of
2 C.F.R. part 1200. By eaecuting this contract, the Contractor certifies that none of the
Contractor, its principals, as defined at 2 C.F.R. � 180.995, or af�liates, as defined at 2 C.F.R.
§ 180.905, are disqualified or excluded as defined at 2 C.F.R. �§ 180.935 and 180.940. The
certification in this clause is a material representation of fact relied upon by the Council. If it is i
later determined that the Contractor knowin�ly rendered an erroneous certification, in addition to
remedies available to Council, the Federal Government may pursue available remedies,
including but not limited to suspension and/or debarment. The Contractor a�rees to comply with
the requirements of 2 C.F.R. part 180, subpart C throughout the term of this contract. The
Contractor further agrees to include a provision requirin� such compliance in its lower tier
covered transactions. I
FTA-l� [Resec-ved].
FTA-16 [Reserved].
FTA-17 Buy America. The Contractor aarees to comply with 49 U.S.C. ��323(j) and 49
C.F.R. 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. General waivers
are listed in 49 C.F.R. � 661.7, and include final assembly in the United States for 15 passenger
vans and 15 passenger wa�ons produced by Chrysler Corporation, and microcomputer
equipment and software. Separate requirements for rolling stock are set out at 49 U.S.C.
§ 5323(j)(2)(C) and 49 C.F.R. � 661.11. Rolling stock must be assembled in the United States ,
and have a 60 percent domestic content.
FTA-18 Cargo Preference. The Contractor aarees: (a) to use privately-owned United States-
Flag commercial vessels to ship at least �0°/o of the �ross tonnage (computed separately for dry
bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, '
material, or commodities pursuant to the underlying contract to the extent such vessels are ,
available at fair and reasonable rates for United States-Flag commercial vessels; (b) to furnish '
within 20 workin� days following the date of loadin� for shipments originatin� within the United '
States or within 30 working days following the date of loading for shipments ori�inating 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 the preceding paragraph (a) to the Division of '
National Cargo, Office of Market Development, Maritime Administration, Washington, DC
� 20590 and to the Council (through the Contractor in the case of a lower-tier participating
subcontractors bill of lading); and (c) to include these requirements in all subcontracts issued
pursuant to this contract when the subcontract may involve the transport of equipment, material,
or commodities by ocean vessel.
FTA-19 [Reserved]. ,
FTA-20 Contract Work Hours and Safety Standards Act. I
__ _ _ _ _
(1) Overtime Requirements. No Contractor or subcontractor contracting for
any part of the contract work which may require or involve the employment of
laborers or mechanics shall require or permit any such laborer or mechanic in any
' workweek in which he or she is employed on such work to work in excess of forty �
� hours in such workweek, unless such laborer or mechanic receives compensation at a '
rate not less than one and one-half times the basic rate of pay for all hours worked in ;
excess of forty hours in such workweek. I
I '
(2) Violation; Liability for Unpaid Wabes; Liquidated Damages. In the �
event of any violation of the clause set forth in paragraph (1) of this section, the �
Contractor and any subcontractor responsible for a violation shall be liable for the
unpaid wages. In addition, the Contractor and subcontractor shall be liable to the
United States for liquidated damages. Such liquidated damages shall be computed
with respect to each individual laborer or mechanic, including watchmen and auards, �
b
em lo ed in violation of the clause set forth in ara ra h 1 of this section in the �
P Y P � P � ) ,
sum of $10 for each calendar day on which such individual was required or ��
permitted to work in excess of the standard warkweek of forty hours without
payment of the overtime wages required by the clause set forth in paragraph (1) of ��
this section.
I I
(3) Withholding for Unpaid Wages and Liquidated Damages. The
Council shall, upon its own action or upon written request of an authorized '�
representative of the Department of Labor withhold or cause to be withheld, from
any moneys payable on account of work performed by the Contractor or
subcontractor under this contract or any other Federal contract with the same prime
,
contractor, or any other federally-assisted contract subject to the Contract Work ,
. . �
Hours and Safety Standards Act, which is held by the same prime contractor, such
sums as may be determined to be necessary to satisfy any liabilities of the Contractor
or subcontractor for unpaid wages and liquidated damages as provided in the clause I �'
set forth in paragraph (2) of this section. �
(4) Subcontracts. The Contractor or subcontractor shall insert in any I
subcontracts the clauses set forth in this section and also a clause requiring the
' subcontractors to include these clauses in any lower tier subcontracts. The I
Contractor shall be res onsible for com liance b an subcontrac I
p p y y tor or lower tier
subcontractor with the clauses set forth in this section.
i
(�) Safety Standards.
I
(i) General Requirement. The Contractor a�rees to comply with section I
107 of the Contract Work Hours and Safety Standards Act, 40 U.S.C. § 3704, '�
and applicable Department of Labor regulations, "Safety and Health Regulations
for Construction" 29 C.F.R. part 1926. Among other things, the Contractor �
agrees that it will not require any laborer or mechanic to work in unsanitary,
hazardous, or dangerous surroundings or working conditions. '�
�,
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, �,�
. II ' ,
(ii) Subcontracts. The Contractor also agrees to include the requirements of
this paragraph (5) in each subcontract. The term "subcontract" under this �
paragraph (5) is considered to refer to a person who agrees to perform any part of
the labor or material requirements of a contract for construction, alteration or
repair. A person who undertakes to perform a portion of a contract involvin� the
furnishinb of supplies or materials will be considered a"subcontractor" under ��
this paragraph (5) if the work in question involves the performance of �
construction work and is to be performed: (1) directly on or near the construction j
site, or (2) by the employer for the specific project on a customized basis. Thus, a I
supplier of materials which will become an inte�ral part of the construction is a
"subcontractor" if the supplier fabricates or assembles the goods or materials in �
question specifically for the construction project and the work involved may be ,
said to be construction activity. If the goods or materials in question are I�
ordinarily sold to other customers from reguIar inventory, the supplier is not a
"subcontractor." The requirements of this paraaraph (�) do not apply to contracts I
or subcontracts far the urchase of su lies or materials or articles normall '�
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available on the open market. ,
' FTA-21 [Reserved]
' FTA-22 Pre-Award and Post Deiive Audit Re uirements. The Contractor a�rees to
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comply with 44 U.S.C. § 5323(m) and FTA's implementin� rebulation at 49 C.F.R. part 663 and I
� to submit the following certifications:
1. �uy Ameriea Requirements. The Contractor shall complete and submit a I
declaration certifying either compliance or noncompliance with Buy America. If the I
Bidder/Offeror certifies compliance with Buy America, it shall submit documentation
which lists 1) component and subcomponent parts of the rolling stock to be purchased �
identified by manufacturer of the parts, their eountry of origin and costs; and 2) the '
location of the final assembly point for the rolling stock, including a description of j
� the activities that will take place at the final assembly point and the cost of final
assembly. ',
i Z. Solicitation Specification Requirements. The Contractor shal] submit evidence
that it will be capable of ineeting the bid specifications.
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