2025/08/20 Council Agenda Packet

Section 2 Purpose of Agreement A. The purpose of this AGREEMENT is for WSDOT to provide funds to the GRANTEE for the planning, design, acquisition, construction, and/or improvements of capital rolling stock, equipment, facilities, and/or infrastructure to be used in the provision of public transportation services to persons in the State of Washington, referred to as the “Project.” Reference to the “Project” shall include all such capital rolling stock, equipment, facilities, and/or infrastructure (collectively, “Project Assets”) designed, acquired, constructed, improved, or installed under this AGREEMENT. B. If this AGREEMENT includes any federal funding through WSDOT Public Transportation Division, in addition to the requirements of Sections 1 through 47 of the AGREEMENT the GRANTEE will also comply with all requirements imposed by, or pursuant to 49 USC Chapter 53, all other applicable federal laws, regulations and requirements and the requirements set forth in Exhibit I, Summary of Federal Requirements, which is attached hereto and by this reference incorporated into this AGREEMENT. C. On projects where WSDOT is providing only state funds and the GRANTEE is using funds received directly from the federal government as their share or part thereof on the Project, the GRANTEE must assume full responsibility for complying with all federal rules and regulations. D. If the GRANTEE is found in non-compliance with federal rules and regulations, the GRANTEE shall provide written notification to WSDOT supplying details related to the non-compliance. Both PARTIES will analyze and determine the impact on the scope, schedule, and funding of the Project. Remedies required up to and including the return of funds will be identified to ensure the Project’s scope of work is met as intended. Section 3 Scope of Agreement A.The GRANTEE agrees to perform the work and complete the Project as described and detailed in Section 1. The GRANTEE shall complete the Project within the project limits described in Section 1. The GRANTEE shall operate the rolling stock/equipment in the service area as described in Section 1. B.Project Administration: WSDOT is responsible for the Federal Transit Administration’s (FTA) oversight and management functions for FTA-funded projects if FTA funds are awarded through WSDOT Public Transportation Division. The GRANTEE agrees that WSDOT shall have the authority to carry out this responsibility, which includes but is not limited to, access to project-related documents for review, processing, and approval, as applicable, for each Project. For any Project where the GRANTEE requires work or services to be performed by WSDOT for the GRANTEE to be in compliance with state and federal requirements, the GRANTEE agrees to reimburse WSDOT for all of the actual direct and indirect costs incurred by WSDOT for the performance of the work or services. Everett Transit PTD1158 2 of 20