CC - Item 5E - Highway Safety Improvement Program Local Resolution No. 2018-55q
To: THF, 1- 101vtORABLI'MAYOR AND (TIN CI(lUNCIL
FROM: (AX)RIA MOLIT'DA, CITY MANAGt,"R,4t -
I)ATE: S1,111TE1" BL'R 25, 2018
SUBJECT: HIGHWAY SAFETY IMPROVEMENT PROGRAM LOCAL (HSIPL) —
RESOLUTION NO. 2018-55 AUTHORIZING CITY MANAG'ER TO
I I
EXECUTE AN AGREEMENT WITH ru E STATE OF CALIFORNIA FOR
THE REIMBURSEMENTOF FUNDS
As part of Che City's Fiscal Year 20
approved a project titled, "High Intensi
of the installation of flashing beacon
�pavement flashing crosswalk. This is
Improvement Program Local (I ISIPL),
STAFF RECOMMENDATION
16-2017 Capital Improvement Program, the City Council
ty Activated Crosswalk — Mission1var,"The pr(Wjcct consists
system that will work in coordination with the existing in -
a federal aid project
ject funded through the Highway Safety
with a total approved grant of $241,300,
It is reconiniended that the City C ouncil approve Resolution No. 2018-55 authorizing the (7ity
Manager to, execute the supplemental agreement No.01 3-1" to Adrninistrating Agency -State Master
Agreement for State Funded Pro.jects No. 07-53581,'15, f'or the rein bUrsement of$241,300,
DISCUSSION
The State ofC'alifornia Department of `l (Caltrans) now requires that a supplemental
agreement to an already existing Master Agreement between the City and the State be executed. In
addition, a reSOILAR)n authorizing the execution of the supplemental agreement is also required
before inCLIrred project costs can be reimbursed by the State.
LEGAL REVIEW
The attached r0()ILIti011 has been reviewed and approved by the City Attorney.
FINANCIAL REVIEW
The State reimbursement of the $241,300 will fund the construction of' this project,
City Council Meeting
September 25, 2018
Page 2 of 2
ENVIRONMENTAL REVIEW
The project, is categorically exempt from the California Environmental QUality Act (CEQA)
pursuant to Section, 15304 (a) of the CEQA Implementing Guidelines. This exemption covens,
protects involving miner alterations of land that do not have a significant effect on the environment.
Prepared
----- -------- -
kafael M, f-aJardo,P.E.
City Engineer
Attachment A - Resolution No. 2018-55
Submitted by:
-------------
Gr6'g7'rsujiuchi
Assistant City Manager
Attachm.ent B Prograrn Supplernent Agreement No. FO 13
Attachment. C Agency -State Master Agreement for State FUnded Projects No. 07-5358F] 5
Attachment A
RESOLUTION NO. 2018-55
A IZESOLUTION OF THE CITY COUNCIL OF 'rHE CITY OF ROSEMEAD,
CA[A FORNIA, AUTHORIZING CITY STAFF TO EXECUTE T141,- PIZOG'RAVI
SUPPI,,ENIENT AGREEMEN't" NO. 013-F, FOR HIGHWAY SAFETY
IMPROVEMENT PROGRAM LOCAL -HS1PL 5358 (019) BE'rwEEN THE ("ITY OF
ROSEMEAD AND THE STATE OF CAIAFORNIA
WHEREAS, certain State funds adrninistered by the State of California are conditionally,
available to the CITY OF ROSl...,'MF.A1'), and
WHEREAS, the City has applied and received a funding approval of. ,S241300 froni the
11ighway Safety Improvement Program Local; and
WIff'REAS, the Pro rain, Supplement Agreement No. 013-F is proposed to obtain State
funding for the City Highway Safety Improvement program Local, Protect No, JIS1111,5358
(0 19)); and
WHEREAS, the Prograni, SUpplenient Agreement No. 013-l' to Administering Agency -State
Master Agreement No. 07-53581,'15 nit st be executed before protect invoices can be reimbursed,
and
WHEREAS, the utilization of said funds is in the best interest of the CITY 0FROSEMF.AD.
NOW, THEREFORE, the City Council of the CITFY OF ROSEMI�AD, CALIF(:WNIA,
does hereby authorise the City Manager to exectite the Program SUPplernent Agreement No. 013.1:
to Administering Agency -State Master Agreement tbr State Funded Projects No, 07-5358FI5,
between the City of lZosemead and the State ofCalifornia.
PASSED, APPROVED AND ADOPTEDTHIS 25th DAY OF September, 2018
APPROVE' AS TO FORM:
Steven Ly, Mayor
ATTFST:
Rachel Richman, City Attorney Fricka Hernandez, City Clerk
STATE OF(Il"ALIFORNIA
('O[,JN-I'YOI'I,.,OS,AN(-'jEl,f'S'
CITY OFROSEA41"AD
1, Ericka Hernandez, City ("Jerk ofthe City Council of the City of Rosenicad, Califomia, do
hereby certify that the foregoing City C louncil ResoUion, No. 2018-55., was duly adopted by thc
City COUncil of the City of Rosemead, ('.'ali-fornia, at a regular meeting thereofheld on the 25"'
day of September, 201fl, by the following vote, to wit:
AYES:
NOES:
ABSENT:
A B Sl"'A I N
Ericka I lernandez. City Clerk
�-= -0 =�
PROGRAM SUPPLEMENT NO. F01 3
to
Adv Project ID Date: August 28, 2018
0718000040 Location: 07-LA-0-RSMD
Project Number: HSIPL- 5358(019�)
E.A. Number*
Loc de: 5358
'rM7--MUr9M-5Tpp emen l�� � ��M � 1, s arl inctrP*rales Tne n7rusieflyant tency- - iii
which was entered into between the Administering Agency and the State on and G subject to aH the terms and
conditions thereof. Thi's Program Supplement is executed in accordance with Article I of the aforementioned Master
Agreement under authority of Resolution No approved by the, Administering Agency on
(See copy attached).
The Administering Agency further stipulates that as a condition to the payrnent by the State of any funds derived frorn
sources noted below obligated to this PROJECT, the Administering Agency accepts and will comply with the special
covenants or remarks set forth on the following pages,
.. ... . .. ............ . .
PROJECT LOCATION:
Intersection of %ssion dr and Ivar ave
TYPE OF WORK: Install pedestrian HAWK system LENGTH: O,O(MILES)
By
Title
Date
. .. . .......... ...
Matching Funds
LOCAL OTHER
$0.00 $000
STATE OF CALIFORNIA
Department of Transportation
I•I I 0MV, W4. '02
Division of Local Assistance
Program Supiplemenit 07 -5358F15 -F013- ISTEA Page I of 6
STA I E OF CALIFORNIA DEPARTMENT OF TRANSPORTAIRDN
PROGRAM SUPPLIENT AND CERTIFICATION, FORM
P$CF iREV 01�2010I
CIlairris Audits
33011 "C" Street, Rin 404
Sacramento, CA 95816
REQUISM(; N NUMBER f CONTRACT NUMBER
RQS - 2660 - 0719100000203
Department of Transportation
71877"T
Encumbrance Document
VE N DOR f LOCAL AGENCY
CITY OF ROSEMEAD
CON rRACT AMOUNT
0718000040
CHAPTER STAT'UITES
14 2017
ITEM
26 0-102-0890
YEARPECIPECT TASK ISUET ASK
2018 20 30 010,550 2620/0420
AMOUNT
$241,3010.00
Total
X241,300.00
Foi 0116,ockuVS vilh WnSory diSab�htes t�i�s �loc�om(�w is availabje m Wtemal(., for�ruvs Foy ilornmation ,'0 (9t 5� 654 6410 of I DD I916) �38810 w V00(,,
ADA Notiv Relclrwds and Pomis Msinagement 9 120 N Svem MIS 8'j, l',,acramer%,w, CA 95814
07-LA-0-RSMD
HISIPL-5358(019)
08/28/2018
A, The ADMINISTERING AGENCY will advertise, award and administer this project in
accordance with the current published Local Assistance Procedures Manual.
B. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for
I
specific phase(s) with an "Authorization to Proceed" and ot proceed with future
phase(s) oproject prior to receiving an "Authorization to Proceed" from the STATE
for that po further State or Federal funds are needed for those future,
phase(s),
C. STATE and ADMINISTERING AGENCY agree that any additional funds which might
be made available by future Federal obligations will be encumbered on this PROJECT by
use of a STATE -approved "Authorization to Proceed" and Finance Letter,
ADMINISTERING AGENCY agrees that Federal funds available for reimbursement will
be limited to the amounts obligated by the Federal Highway Administration.
D. Award: information shall be submitted by the ADMINISTERING AGENCY to the,
District Local Assistance Engineer within 60 days of project contract award and prior to
the submittal of the ADMINISTERING AGENCY'S first inivolice for the construction
contract.
Failure to do so will cause a delay 'in the State processing invoices for the construction
-thase. Attention is directed to Section, 157 "Award Package" of the Local Assistance -
Procedures
E. ADffiliIISTERING AGENCY agrees, as a minim,uito submit invoices at least once
every six months commencing after the funds are encumbered for each phase by the
execution of this Project Program Supplement Agireemient, or by STAE's approval of an
applicable Finance Letter. STATE reserves the rig!ht to suspend future
authorizations/obligati:ons for Federal aid projects, or encumbrances for State funded
projec�ts, as well as to suspend invoice payments for any on-going or future project by
ADMINISTERING AGENCY if PROJECT costs have not been invoiced by
ADMINISTERING AGENCY for a six-month period,
If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY
agrees to submit for each phase a written, explanation of the absence of PROJECT
activity along with target biilling date and target billing amount.
ADFT,11RISTERING AGENCY agrees to submit the final report documents that colilectivel'y
constitute a "Report of Expenditures" within one hundred eighty (1801) days of PROJECT
completioni. Failure of ADMINISTERING AGENCY to submit a "Final Report of
Expenditures" within 18O days of PROJECT completion will result in STATE imposing
sanctions upon ADMINISTERING AGENCY in accordance with the current Local
Assistance Procedures Manual.
F. Administering A,gency shall not discriminate on the basis of race. religion, age,
disability, color, national origin, or sex in the award and performance of any Federal -
Program Supplement 07 -5358F15 -F013- ISTEA Page 2 of 6
07-LA-0-RSMD
HSIPL-535 1(019)
08/2812'018
FederalMOW "TWO16171:11LI-22111IMS 3011130
Regulation 111 federal requirements,and all applicable
federa
rr ,w -
s-,. „ regulations, r policy and procedural or •nal memorand
otherwise r- -w as designated in the executed r w - w- PROGRAM
B. Invoices s,hiall we submitted on DRAGENCY letterhead that includes
the address of ADMINISTERING AGENCY and shall be formatted in accordance with
LOCAL ASSISTANCE PROCEDURES.
C. ADMINISTERING: AGENCY must have at least one copy of supporting w. r
documentationw w r w claimed rreimbursementw + i ■
AGENCY. ADMINISTERING! + agrees N r supporting w
documentation w requested r Acceptable r. r r• w
includes,, , • • .w- progress s w contractors, copies r
cancelled cheowing amounts „w_ payable o vendors and contractors,and/or
computerized summary of
PROJECT
DIndirect Cost Allocation Plan/Indirect Cos,t Rate Proposals (ICAP/ICRP), Central
Service Cost • r Plans d related documentation to be prepared r provided
o STATE (Caltrans Audits•a • for r approval prior to
ADMINISTERING . r - r • r r incurred within each
fiscal year being -r • N _w.reimbursement.. .i.
prepared' in accordance with the requirements set forth 'in 2 CFR, Part 200, Chapter 5 of
the Local Assistance Procedural Manual, and the ICAP/ICRP approval procedures
established r
E. STATE will withhold the greater of either two (2) percent of the total of aill federal funds,
encumbered for -, PROGRAM $40,000 until AD
AGENCY submitsReport rExpenditures for r r e _, PROGRAM
SUPPLEMENT PROJECT.
FPayments to ADMINISTERING AGENCY for PROJECT-rel!ated travel and
subsistence (per diem) expenses of ADMINISTERlNG AGENCY forces and its
contractors and subcontractors claimed for reimbursementor wcredit
now rates authorized to be paid rank and e STATE employees der current
State Department of Personnel •(DPA) rules. If the rates r,r by
ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is
responsible rr the cost difference,aw any overpaymentsr r. • by
shall be reimbursed to STATE by ADMINISTERING on demand within thirty
1 days of w
G. ADMINISTERING AGENCY agrees to complyPart 200, Uniform
Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards.
K ADMINISTERING AGENCY agrees, w, - contractorsr
subcontractors, be «wagree,wM ew w _ Contract
Cost
Principles
r W, _ r Procedures,
Program Supplement 07 -5358F15 -F013- ISTEA Page 4 of 6
07-LA-0-RSMD
HS(PL-5358(019)
0812812018
48 CFR, Federal Acquiisitilon Regulations System, Chapter 1, Part 31, et seq., shall be
used to determine the allowa,bility of individual PROJECT cost items.
1. Every suib-recipient receiving PROJECT funds under this AGREEMENT shall comply
with, 2 CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures,
Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 101335-10381
(noA&E servic:e�s), and other appili'lcablei STATE and FEDERAL regulations.
J. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or
credit that are determined by subsequent audit to be unallowabfe Linder 2 CFR, Part 2010,
23 C,FR, 48 CFR, Chapter 1, Part 31, and other applicable STATE and FEDERAL
regiulations, are subject to repayment by ADMINISTERING AGENCY to STATE.
i
K, STATE reserves the right to conduct technical and financial audits of PROJECT
WORK and records, and ADMINISTERING AGENCY ag,rees, and shiaill require its
contractors and subcontractors to agree, to cooperate with STATE by making all
appropriate and relevant PROJECT records available for audit and copying as required
by the following paragraphi:�
ADMINISTERING AGENCY, ADMINISTERING AGENCY'Si contractors and
subcontractors, and STATE shall each maintain and make avallaible for inspection and
audit by STATE, the California Sitate Auditor, or any depresentative of
STATE or the United States all books, clocuments, papers, accounting records, and other
evidence pertaining to the performance of such contracts, including, but not limiited to, the
costs of adminiistering those various contracts and ADMINISTERING AGENCY shall
furnish copies thereof if requested. All of the above referenced parties shall make such
AGREEMENT, PROGRAM SUPPLEMENT, and contract materials available at their
respective offices at all reasonable times diuring the entire PROJECT period and for three
(3) years from the date of submission of the final expenditure report by the STATE to the
FH'WA.
L, ADMINISTERING AGENCY, its contractors and subcontractors shall estabilish and
maintain a financial management system and records that properly accumulate and
segregate reasonable, allowable, and allocable incurred PROJECT costs and matching
funds by line itemi for the PROJECT. The financial management system of
ADMINISTERING AGENCY, its contractors and all subcontractoo
Generally Accepted" Accounting Principles, enable the determination of 'incurred costs at
interim points of completioin, and provide support for reimbursement payment vouchers or
invoices set to or paid by STATE.
IT -1. ADMIRISTERIAG AGERCT is required to have an audit in accordance with the Single
Audit Act of 2 CFR 200 if it expends $750,000 or more in Federai,l Funds in a single fiscal
year of the Catalogue of Federal Domestic Assistance.
Program Supplement 07 -5358F15 -F0113- ISTEA Page 5 of 6
08128,12018
ADMINISTERING AGENCY's annual audit and in, the schedule of projects to be
examined under its single audit prepared: in accordance with 2 CIFR, Part 200,
0. ADMINISTERING AGENCY shaH not award a non -A&E contract over $5,0001,
construct�ion c:oinitraicts over $10,000, or oither cointracts oiver $251,000 [excluding
S
professional ervice contracts of the type which are required to be procured in
accordance with Government Code sections 452�5 (d), (e)i and (f)] on the basis of a
noncompetitive negotiation for work to be performed under this AGREEMENT without the
prior written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if
intended as, local match credit, must mieet the requirements set forth ini this AGREEMENT
regarding local match funds,
Pl. Any subcontract entered 'into biy ADMINISTERING AGENCY' as a result of this
AGREEMENT shall contain provisions Bi, C, F, Hi, 1, �K, and L under Section 2 of this
agreement,
Program Supplement 07-5358F1 5-FO1 3- ISTEA Paige 6: of 6
Headquarters Division of
Loca� Assistance
from local progws AccwMngi
Attachment C
Agency — State Master Agreement for
State Funded Projects No. 07-5358F 15
MASTER AGREEMENT
A-1.1iiijif
Sili
-------- — ---- — ----- ------ — ----
District Administering Agency I
Thiis AGREEMENT, is entered into effective this day of 20 , by and
between City of Rosemead, hereinafter referred to as "ADMINISTERING AGENCY,," and the St,atei
of California, actingi, by and through its Department of Transportation (Cailtrans), hereinafter
referred to as "'STATE"', and together referred to, as "PARTIES" or individually as, a "PARTY."
1. WHEREAS, the Congress of the Ulnited States has enacted the Intermodal Surface
Transportation Efficiency Act (ISTEA)i of 1991, and subsequent Transportation Authorization Bill�s
to fund transportation programs,-, and
2. WHEREAS, the Legislature of the State of California has enacted' legislation by which certain
federal -aid funds may be made available for use on local transportation related ipro,ects of public i
entities qualified to act as recipients of these federal -aid funds in accordance with the, intent of
fedeira:l law; and
3, WHEREAS, before federal funds will be made available for a, specific program project,
ADMINISTERING AGENCY and STATE are required to enter into an agreement to, establish
terims and conditions applicable to the ADMINISTERING AGENCY when receiving federal funds
for a, designated PROJECT facility and to the subsequent operation and maintenance of that
completed facility.
1. This AGREEMENT shall have no force or effect with respect to any program project unless and
until a prloject-specific "Authorization/Agreement Summary", herein referred to
documient, is approved by STATE and, the Federal Highway Admiini�stration
2, The term "PROjECT", as used herein, means that authorized transportation related project and
related activities financed in part with feder-,
l-aid funds as more fUlly-described in an
"Authorization/ Agreement •Summary" or "Amend ment/Mod ification Summary"', herein referred to
as 6or "E-76 (AMOD)"' document authorized by STATE and the Federal H:ighiway
,Administration
3. The E -76/E-76 (AMODi) shall designate the party responsible for implementing PROJECT, type
of work and location of PROJECT.
4, The PROGRAM SUPPLEMENT sets out speondition for the
ADMINISTERING AGENCY to receive federal -aid funds froim/throuigh STATE for designated
PROJECT. The PROGRAM SUPPLEMENT shall also show these federal funds that have bieen
initially encumbered for PROJECT along with the matching funds to be provided by
ADMINISTERING AGENCY and/or others. Execution of PROGRAM SUPPLEMENT by the
PARTIES shall cause ADMINISTERING, AGENCY to adopt all of the terms of this AGREEMENT
as though fully set forth therein in the PROGRAM SUPPLEMENT. Unless otherwise expressly
delegated in a resolution by the governing body of ADMINISTERING AGENCY, and with written
concurrence by STATE, the PROGRAM SUPPLEMENT sha;ll be approved and managed by the
governing body of ADMINISTERING AGENCY.
1
5. ADMINISTERING AGENCY agrees to execute and return each project-s,pecific PROGRAM
SUPPLEMENT within, ninety (9i1i) days of receipt. The Pagree that STATE may suspend
future authioriza,tions/obgatioand invoice payments for any on-going or future federal -aid
project performed by ADMINISTERING AGENCY if any project -specific: PROGRAM
SUPPLEMENT is not returned within that ninety (90) day period unless otherwise agreed by
STATE in writing.
6. ADMINISTERING AGENCY further agrees, as a condition to the release and payment of
federal funds encumbered for the PROJECT described in each PROGRAM SUPPLEMENT, to
comply with the terms and conditions of this AGREEMENT w. of the agreedll-upon Special
Covenants or Remarks incorporated within the PROGRAM SUPPLEMENT, and
Cwww- rative/Contribution Agreement where appropriate, defining and ideg the nature of the
specific PROJECT,
7. Federal, state and matching funds will not participate in PROJECT work performed in advanct
of the approval of the E-76 or E-761 (AMOiD), unless otherwise stated in the executed project -
specific: PROGRAM SUPPLEMENT. ADMINISTERING AGENCY agrees that it will on!ly proceed
with the work authorized for that specific: phlase(s) on the project -specific E-76 or E-76 (AMOD),
ADMINISTERING, AGENCY further agrees to not proceed with future phaseis of PROJECT prior t*
receiving an E-76 (AM6Dl) from STATE for that phase(s) unless no further federal fuinds are
needed or for those future phase(s).
N�r
8That PROJECT or portions thereof, must be included in a federally approved Federal Statewide
Transportation Improvement Program (FSTIP) prior to ADMINISTERING AGENCY submitting the
"Request for Authorization".
9, ADMIN ISTERING AGENCY shall conform to all state statutes, regulations and procedures
(including those set forth in the Local Assistance Procedures, Manual and the Local' Assistance
Program Guidelines, hereafter collectively referred I® as "LOCAL ASSISTANCE PROCEDURES"'
relating to the federal -aid program, all Title 23 Code of Federal Regulation (CFR) and 2 CFR part
t00 federal requirementsi, and all applicabederal laws, regulations, and policy and procedural
#r instructional memoranda, unless otherwise specifically waived as, designated in the executed
Aoiect-speclfic PROGRAM SUPPLEMENT.
10i. If PROJECT is not on STATE -owned right of way, PROJECT shall be constructed in
accordance with LOCAL, ASSISTANCE PROCEDURES that describes minimum statewide design
standards for local agency streets and roads. LOCAL ASSISTANCE PROCEDURES for projects
off the National Highway System (NHS) allow STATE to accept either, the STATE's minimum
statewide de:s,ign staindards or the approved geometric desiigi,n standards of ADMINISTERING
AGENCY. Additionally, for projects off the NHS, STATE will accept ADMINISTERING AGENCY -
approved standard specii cations, standard plans, materials sampling and testing quality
assurance programs that meet the conditions described in the then current LOCAL ASSISTANCE
PROCEDURES.
. . . . . . . . . . . ............
ana as contra• ootain, an encroaicniment permit inrougn
STATE prior to commencing any work within STATE rights of way or work which affects STATE
facilities.
12�. When PROJECT is not on the State, Highway System but includes work to be performed by a
oI by ADMINISTERING AGENCY or by
railroad, the cntraoo
ct fr such wrk sha�ll be prepared;
STATE, as the PARTIES may hereafter agree. In either evenit, ADMINISTERING AGENCY shall
enter into an agreement with the railroad providing for future maintenance of protective devices or
N ed under the contract.
13, If PROJECT is usiinig STATE funds, the Department of General Services, Division of the St�ate
Architeict, or 'its designee, shall', review, the contract PS&E foun of buildings,
structures, sidewalks, curbs and related facilities for accessibility and usability. ADMINISTERING
AGENCY shall not awa rd a PROJECT construction contract for these types of improvements until
the State Architect has issued written approval stating that the PROJECT planis and specifications
comply with the proviis,ions of sections 445,0 and 4454 of the California Government Coide, if
apiplicabile. Further requirements and guidance are, provided in Title 24 of the California Code of
Regulations,
14, ADMIRISTERING AGENCY will advertise, award and aidmiinister PROJECT in accordance
with the current LOCAL ASSISTANCE PROCEDURES unless otherwise stated in the executed
project -specific PROGRAM SUPPLEMENT,
I a 23 112 It] LATC14 12
XTASW- lie 0
NO. I lw
# . , a
W11
W V 0 V *1 irs Y t K t I A W V &I F 41 A � r, M P 5 It WN I W M we
contract by ADMINISTERING AGENCY,
18. ADMINISTERING, AGEN CY shall corniply with: (i) section 504 of the Rehabilitation Act of 1973
which pirohibits discrimination on t�he basis of disability in federally assisted programs; (4) the
Americans, with Disabilities Act (ADA) of 1990 which prohibits d'isicriminia!tion; on the bas,is ol
disability irrespective of'funding; and (iii) all'applicablie, regulations and guidelines issued pursuarill
to both the Rehabilitation Act and the ADA.,
19. The Congress of the United Statesi, the Legislature of the State of California and the Governor
of the State of California, each within their respective jurisdictionsi, have prescribed certain
n
�ic funds, ondiscrimination requirements w,ith respect to contract and other work financedwith publ'
ADMINISTERING AGENCY agrees to comply with the requirements of the FAIR EMPLOYMENT'
PRACTICES ADDENDUM (Exhibit A attached hereto) and the NONDISCRIMINATION
ASSURANCES (Exhilbit B attached hereto), ADMINISTERING AGENCY further agrees that any
agreement entered into by ADMINISTERING AGENCY with a third party for performance of
PROJECT -related woorpioirate Exhibits A, and B (with third pairty's name repilacing
ADMINISTERING AGENCY) as essential parts of such agreement to, be enforced by that third
piarty as verified by ADMINISTERING AGENCY,
lz--
�
1 . No contract for the construction of a fe-aeral-aid PROJECT shall be awarded unti�l all necessary
rights of way have been secured. Prior to the advertising for construction of PROJECT,
ADMINISTERING AGENCY shaill certify and, upon request, shall fb:;rnish STATE with evidence
that all necessary rights of way are available for construction purposes or will be available by the
time of award of the construction contract.
2. ADMINISTERING AGENCY agrees to, indemnify aind hold STATE harmless from! any liability
t
that may result in the event the right of way for a PROJECT, including, but not limi: ed to, being
clear as certified or if said right of way is found to contain hazardouis materials requiring treatment
or removal to remediate in accordance with Federal and State laws. The fu;rnishing of'right of way
as provided for herein includes, in addition to all rea,l property required for the PROJECT, title free
and clear of obstructions and encumbrances affecting PROJECT and the payment, as, required by
applicable law, of relocation costs and damages to remainder real property not actually taken but
injuriously affected by PROJECT. ADMINISTERING AGENCY shall pay, from its own non-
matching funds, any costs which aris,e out of delays to the construction of PROJECT because
utility facilities have not been timely removed or relocated, or because rights of way were not
available to ADMINISTERING AGENCY for the orderly, prosecution of PROJECT work.
Subject to STATE approval and such supervision as, is required by LOCAL ASSISTANCE
PROCEDURES over ADMINISTERING AGENCY's right of way, acquisition procedures,
ADMINISTERING AGENCY may claim reimbursement from federal fulnid's for expenditures
incurred in purchasing only the necessary rights of way needed for the PROICT after crediting
PROJECT with the fair market value of any excess property retained and not disposed of by
ADMINISTERING AGENCY,
5. Whet�her or not federal-al,d is to be requested for rigiht of way, shouild ADMINISTERING
AGENCY, in acquiring right of way for PROJECT, displace an individual, family, business, farm
operat�ion, or non-profit organiz�ation, relocation payments and services will be provided as set
forth in 49 CFR, Part 24. The public will be adequately informed of the relocation payments, and
serv,ic:es which will be available, anid, to the greatest extent practiciabl'e, no person lawfully
occupying real property shall be required to move from his/her dwelling or to move his/her
business, or farm operation without at least ninety (90) days written notice from ADMINISTERING
AGENCY. ADMINISTERING AGENCY will provide STATE with specific assiurances, on each
portion of the PROJECT, that no person will be displaced until comparable decent, safe and
sanitary replacement housing is available within a reasonable period of time prior to displacement,
and that ADMINISTERING AGENCY's relocation program is read adequate to provide
orderly, timely and efficient relocation of PROJECT -displaced persons as provided in 49 CFR,
P a
Declaring Restrictive Covenants (ADRC) as a separate document incorporating the assurances
included within Exhibits, A and B and Appendices A, B, C and D of this AGREEMENT, as
appropriate.
��R
1, ADMINISTERING AGENCY will maintain and operate the property acquired, developed,
constructed, rehabilitated, or restored by PROJECT for its intended public use until such time as
the parties might arnendi this AGREEMENT to otherwise provide. With the approval of STATE,
I
ADMINISTERING, AGENCY or its successors in interest in the PROJECT property may transfer
this obligation and responsibility to maintain and operate PROJECT property for that intended
public purpose to another puibl'ic entity.
3. PROJECT and its facilities shall be maintained by an adequate and well-trained staff of
engineers and/or such other professionals and technicians, as PROJECT reasoinably requires.
Said operations and maintenance staff may be employees, of ADVINISTERlNG AGENCY, another
unit of government, or a contractor under agreement with ADMINISTERING AGENCY, All
maintenance will be performed at regular intervals or as required for efficient operation oif the
complete PROJECT improvements.
1. All contractual obligations of STATE are subject to the appropriation of resources by t
Legislature and the allocation of resources by the California Transportation Commission (CTC). I
2, STATE'Si financial commitment of federal funds wi 11 occur only upon the execution of thi
AGREEMENT, the authiorization of the project -specific E-76 or E-76 (AMOD), the execution 0
each project-ispe,cific PROGRAM SUPPLEMENT, and STATE's, approved finance letter.
C ADMINISTERING AGENCY may submit signed invoices in arrears for reimbursement of
Aiarticipating PROJECT costs on a regular basis once the project -specific PROGRAM
SUPPLEMENT has been executed by STATE.
4,, ADMINISTERING AGENCY agrees, at a minimum, to submlit invoices at least once every six
(6) months commencing after the funds are encumbered on either the project -specific PROGRAM
SUPPLEMENT or through a project -specific finance letter approved by STATE. STATE reserves
the right to suspend 'future authorizations/'obliga�tions, and invoice payments for any on-going or
future federal -aid project by ADMINISTERING AGENCY if PROJECT costs have not been
invoiced by ADMINISTERING AGENCY for a six (6) month period.
b. invoices shall be su on
&ADMINISTERING AGENCY and shall be formatted in accordance with LOCAL ASSISTANCE
PVOCEDURES,
ii, ADMINISTERING AGENCY must have at least one copy of supporting backup documentation
for cost�s incurred and claimed for reimbursement by ADMINISTERING AGENCY.
ADMINISTERING AGENCY agrees to submit supporting backup documentation 'with invoices if
requested by Statei. Acceptable backup documentation includes, but is not limited to, agency's
progress payment to the contractors, copies of cancelled checks showing amounts made payable
to vendors and contriactors, and/or a, computerized summary of P,ROJECT'costs.
ta%(IL-12:111
8. Indirect Cost Allocation Plans/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service Cost
Allocation Plans and related documentation are to be prepared and provided to STATE (Caltrans
Audits & Investigations) for review and approval prior to ADMINISTERING AGENCY seeking
reimbursement of indirect costs incurred within each fiscal year being claimed for State and
federal reimbursement. ICAPs/lCRPs must be prepared in accordance with the requirements set
forth in 2 CFR, Part 200, Chapter 5 of the Local Assistance Procedural Manual, and the
ICAP/ICRP approval procedures established by STATE.
9. Once PROJECT has been awarded, STATE reserves the right to de -obligate any exces
federal funds from the construction, phase of PROJECT ifthe contract award amount is less thl
the obligated amount, as shown on the PROJECT E-76 or E-76 (AMOD).
10. STATE will withhold the greater of either two (2) percent of the total of all federal funds,
encumbered for each PROGRAM SUPPLEMENT or $40,OiOO until ADMINISTERING AGENCY
submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT
PROJECT.
111. Thie estimated total cost of PROJECT, the amounit of federal funds obligated, and the required
matching funds may be adjusted by mutual consent of the PARTIES hereto with a finance letter, a
di,etaileid estimate, if required, and" approved E-76 (AMOD). Federal -aid funding may bie increased
to cover PROJECT cost increases only if such funds are availl,abile and FHWA concurs wiithi that
increase.
12, When additional federal -aid funds are not available, ADMWISTERING, AGENCY agrees that
the payment of federal funds will be limited to the amounts, authorized oin the PROJECT specific
E-76 /'E-76 (AMOD) and agrees that any increases in PROJECT costs, must be defrayed with
ADMINISTERING AGENCY's own, funds.
13, ADMINISTERING AGENCY shall use, iit!s own non-federal funds to finance the local share of'
it neligible for financing with federal fundsi.
eli•ible costs and ' all expenditures or contract i: ems ruled i
STATE shall make the determination of ADMINISTERING AGENCY"s cost eligibility for federal
fund financing of PROJECT costs.
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16. Federal funds encumlbiered for PROJECT are available for liquidation for a period of six (6)
years from the begg of the State fiscal year the funds were appropriated in the State Budget.
State funds encumbered foir PROJECT are availlablie for liquidation only for six (6) years from the
beginning of the State fiscal year the funds were appropriated in the State Budget. Federal or
state funds not liquidated within these periods will be reverted unless a Cooperative Work
Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the California
Department of Finance (per Government Code section 16304). The exact date of fund reversion
will be reflected in the STATE signed finiance letter for PROJECT.
17. Payments to ADMINISTERING AGENCY for PROJECT- related travel and subsistence (per
dilemi) expenses of ADMINISTERING AGENCY forces and its cwirs and subcontractors
claimed for reimbursement or as loot exceew'! rates authorized to be paid
rank and file STATE employees u,nder current State Department of Personnel Administration
(DPA) rules. If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates,
ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments
inadvertently paid by STATE shall be reimbursed to, STATE by ADMINISTERING AGENCY on
demand withiin thirty (30) days of such invoice.
18. ADMINISTERING AGENCY agrees to comply wit�h 2 C,FR, Part 200, Uniform Administrative
Requirements, Cost Principles and Audit Requirement for Federal Awards.
19. ADiM�INIiSTERING AGENCY agrees, and will ensure that its contractors alnd subcontractors
will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal
Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used!, to determine the
allowaboif individual PROJECT cost Items,
tO. Every s,ub-recipient receiving PROJECT funds under this AGREEMENT shall comply with
'C.FR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures, Pu b1i
Contract Code (PCC) 10300-10334 (procurement of goods), PCC 1033i5i-10381 (nion-AaE
cervices), and other applicable STATE and FEDERAL regulatiions.
21. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit
that are determined by subsequent audit to be unalliowable under 2 CFR, Part 200, 23 CFRI 48
CFR, Chapter 1, Part 31�, and other applicable STATE and FEDERAL regulations, are subject to
repayment by ADMINISTERING AGENCY to STATE.
22. Should ADMINISTERING AGENCY fail to refund any moneys due upon written demand by
STATE as provided hereunder or shouild ADMINISTERING AGENCY breach this AGREEMENT
by failing to complete PROJECT without adequate justification and approval by STATE, then,
within thirty 30 days of demand, or within such other period as may be agreed to in writing
between the PARTIES, STATE, acting through the State Controller, the State Treasurer, or any
other public entity or agency, may with�hoild or demand a transfer of an amount equal to the
amount paid by or owed to STATE from future apportionments, or any other funds due
ADMINISTERING AGENCY from the Highway Users Tax Fund or any other sources of funds,
and/or may withhold approval of future ADMINISTERING, AGENCY felderal-a�id priojects,
23. Should ADMINISTERING AGENCY be declared to be in breach of this AGREEMENT or
otherwise in default thereof by, STATE, and if ADMINISTERING AGENCY is constituted as a joint
powers authority, special district, or any other public entity not directly receiving funds through the
State Controller, STATE is authorized to obtain reimbursement from whatever sources of funding
are available, including the withholding or transfer of funds, pursuant to Article IV - 22, from those
constituent entities comprising a joint powers authority or by bringing of an action against
ADMINISTERING AGENCY or its constituent member entities, to recover all funds provided by
STATE hereunder.
24. ADMINISTERING AGENCY acknowledges that the signatory party represents the
ADMINISTERING AGENCY and further warrants that there is nothing, within a Joint Powers
Agreement, by which ADMINISTERING AGENCY was, created, if any exists, that wouild restrict or
otherwise limit STATE's ability to recover State funds improperly spent by ADMINISTERING
AGENCY in contravention of the terms of this AGREEMENT.
ARTICLE11"
AUDITS,, TH�IRD PARTY CONTRACTING, RECORDS RETENTION AND REPORTS
1, STATE reserves the right to conduct technical andfinancial audits of PROJECT work and;
records and ADMINISTERING AGENCY agrees, and shall require its contractors and
subcontractors to agree, to cooperate with STATE by making all appropriate and relevant
PROJECT records available for audit and copying as required by paragraph three (3i) of ARTICLE
V
2, ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maint�ai 'n a
financial management system and' records that properly accumulate and segregate reasonable,
allowable, and allocable incurred PROJECT costs and by line item for the
PROJECT, The financial management system of ADMINISTERING AG�NCY, its contractors and
all subcontractors, shall conform to Generally Accepted Accounting Principles, enable the
determination of incurred costs at interim points of completioand provide support for
reimbursement payment vouchers or invoices sent to or paid by STATE.
3. ADMINISTERING AGENCY, ADM IN ISTERINGAGENCY's contractors and subcontractors, and
STATE shall each maintain and make available for inspection and audit by STATE, the Ca'lifornia
State Auditor, or any duly authorized representative of STATE or the United States all books,
documents, papersaccounting records, and other evidence pertaining to the performance of such
contracts, Including, but not limited to, the costs of' administering those various contracts and
ADMINISTERING AGENCY shall furnish copies thereof if reqiuested. All of the above referenced
parties shall make such AGREEMENT, PROGRAM SUPPLEMENT aind' contract materials
available at their respective offices at all'! reasonable times during the entire PROJECT period and
for three (3) years from the date of submission of the final expenditure report by the STATE to the
FHWA.
4. ADMINISTERING AGENCY is requiired to have an audit in, accordance with the S,ingle Audit Act
of 2 CFR 200 if it expends $750,0100 or more in Federal Funds in a s,inigle fiscal year. The Federal
Funds received under a PROGRAM SUPPLEMENT are a part of the Catalogue of Federal
Domestic Assistance (CFDA) 201.205.
5.
i ADMINISTERING AGENCY agrees, to i�nclude all PROGRAM SUPPLEMENTS adopting the
i I I
terms of this AGREEMENT in the schedule of projects to be examined in ADMINISTERING
AGIENICY's annual audit and in the schedule of projects to be examined under its, single aud�ilt
prepared in accordance with 2 CFR, Part 20,01.
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the type which are required to be procured in accordance with Government Code sections 45,25
(di), (e) aind (1)) on the basis of a noncompetitive negotiation for work to be performed under this
AGREEMENT without the prior written approval of STATE. Contracts awarded by
ADMINISTERING AGENCY, if intended as, local match credit, must meet the requirements set
forth in this AGREEMENT regarding local match funds.
7. Any subcontract entered inito by ADMINISTERING AGENCY as a resuft of this AGREEMEN
shall contain provisions 5, 6,17,19 and 20 of ARTICLE IV, FISCAL PROVISIONS, and provisio
1, 2, and 3 of this ARTICLE V, AUDITS, THIRD -PARTY CONTRACTING RECORD
RETENTION AND REPORTS, 11
8. To be eligible for local match credit, ADMINISTERING AGENCY must ensure that local I mat
j
funds used for a PROJECT meet the fiscal provisions requiiremients outlined in! ARTICLE IV in t
same manner as required of all other PROJECT expenditures.
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1. By execution of this AGREEMENT, ADMINISTERING AGENCY certifies, to the best of the
signatory officer's, knowledge and belief, that*
A. No federal or state appropriated fund's have been paid or will be paid, by or on behalf of
ADMINISTERING AGENCY, to any person for influencing or attempting to influence an officer or
employee of any STATE or federal agency, a member, of the State Legislature or United States
Congress, an officer or employee of the Legislature or Congress, or any employee of'a Member of
the Legislature or Congress, in connection with the awarding of any STATE or federal contract,
including this AGREEMENT, the making of any STATE or federal loan, the entering into of any
cooperative contract,, and the extension, continuation, renewal', amendment, or modification of'any
STATE or federal contract, grant, loan, or cooperative contract.
B. if anly funds other than feidera, I appropriatedfunds have been paid, or will be paidto any person
for influencing or a, ftempting to influence an officer or employee of any federal agency, a member
of C,ongires,s, an officer or employee of Congress or an employee of a member of Congress in
connection with this AGREEMENT, grant, locail, or cooperative contract, ADMINISTERING
AGENCY shall complete and submit Standard F'orm-LLL, "Disclosure Form to Rep Lobbying," in
accordance with the form instructions.
C. This certilfication is a material representation of fact upon which reliance was placed when this
AGREEMENT and each PROGRAM SUPPLEMENT was or will be made or entered into.
Submission of this certification is a prerequisite 'for making or entering into this AGREEMENT
le I
imposed by Section 1352, Tit! 31, United States Code. Any party who fails to file the required
certification shall be suibject to, a civil penalty of not less than $10,000 and not more than $1 O0,000
for each such failure.
2, ADMINISTERING AGENCY also agrees by signing this AGREEMENT that the language of th
certification will be included in all lower tier sub -agreements, which exceed $100,000 and that a
such sulib-recipients shall certify and disclose accordingly, I
1211*011RINawy t-11*101W
1. ADMINISTERING AGENCY agrees to use all state fund's reimbursed hereunder only for
transportation purposes that are in conformance with Article XIX of the California State
Constitution and the relevant Federal Regulations.
Z This AGREEMENT is subject to any additional restrictions, limiitaons, conditions, or any statute
enacted by the State Legisilaiture or adopted by the CTC that may affect the provisions, terms, or
funding of this AGREEMENT in any manner.
. I 1 0 1 6 - * 9 * A win
5. ADMINISTERING AGENCY certifies that neither ADMINISTERING AGENCY'nor its principals
aresuspended or debarred at the time of the execution of'this AGREEMENT. ADMINISTERING
AGENCY agrees that it will notify STATE immediately in the event a suspension o!r a debarment
occurs after the execution of this AGREEMENT,
6, ADMINISTERING AGENCY warrants, by execution of this AGREEMENT, that no person or
selling agency has been employed or retained to solicit or secure this AGREEMENT upon an
agreement or understanding for a commission, percentage, brokerage, or contingent fee,
excepting bona fide employees oir bona fide established commerc:ial oir selling agencies
maintained by ADMINISTERING AGENCY foir the purpose of securing business, Foir breach or
violation of this warranty, STATE has the right to annul this AGREEMENT without liability, pay
only for the value of the woperformed, or in STATE's discretion, to deduct from the
price of consideration, or otherwise recover, the 'full amount of such commission, percentage,
brokerage, or contingent fee.
7. In accordance with Public Contract Code section 10296, ADMINISTERING AGENCY hereby
certifies under penalty of perjury that no more than one final unapipiealable finding of contempt of
court by a fedolurt has been issued against ADMINISTERING AGENCY within the immediate
preceding two (2) year period because of ADMINISTERING AGENCY's fa,ilure to comply with an
*rder of a federal court that orders ADMINISTERING AGENCY to comply with an order of the
National Labor Relations Board,
8. ADMINISTERING AGENCY shall disclose any, financial, business,, or other relationship with
STATE, FHWA or Federal Transit Administration (FTA) that may have an impact upon the
ouitcome of thiis AGREEMENT. ADMINISTERING AGENCY shall also list current contractors who
may have a financial interest ini'the outcome of this AGREEMENT.
9. ADMINISTERING AGENCY hereby certifies that it does not have nor shall it acquire any
finaincial or business interest that would conflict with the performance of PROJECT under this
AGREEMENT.
10. ADMINISTERING AGENCY warrants that this, AGREEMENT was not obtained or secured
through rebates, kickbacks or other unlawful consideration either promised or paid' to any STATE
employee, For breach or violation of this warranty, STATE shall have the, right, in its d'is,cretion, to
terminate this AGREEMENT without liability, to pay only for the work actually performed, or to
deduct from the PROGRAM SUPPLEMENT price or otherwise recover the, full amount of such
rebate, kickback, or other unlawful consideration.
11 . Any dispute concerning! a question of fact arising uider this AGREEMENT that is not disiiposii
of by agreement shall be decided by the STATE's Contract Officer who may consider any wrift
or verbal evidence submitted by ADMINISTERING AGENCY, The decision of the Contract Offic
issued in writing, shiall be conclusive and binding on the PARTIES on all questions of fa
considered and determined by the Contract Officer.
12. Reither the pending of a dispute nor its consideration by the Contract Officer will excustaw.;
ADMINISTERING AGENCY from full" and timely performance in accordance with the terms of this
AGREEMENT,
lteither AD
injury, damage or liability occurring by reason of anything done or omitted to be done by STATE,
under or in connection with any, work, authority or jurisdiction arising under this AGREEMENT, It is
understood and agreed that STATE shall fully defend, indemnify and save harmless, the
ADMINISTERING AGENCY and all of its, officers and employees from all claims, sults or actions
I
of every name, kind and description brought forth under, including, but not limi:ted to�, toirtioius,
contractual, 'inverse condemnation and other theories or assertions of liability occurring by reason
of anything done or omitted to be done by STATE under this AGREEMENT.
14. Neither STATE nor any officer or employee thereof shall be responsible for any injury, damage
or liability occurring by reason of anything done or orniiied to be done by ADMINISTERING
AGENCY under, or in connection with, any 'work, authority or jurisdiction arising uinder this
AGREEMENT. It is understood and agreed that ADMINISTERING AGENCY shall fully defend,
indemnify and saive harmless STATE and all of its officers and employees from a�ll claims, suits or
actions of every, name, kind and description brought forth under, including, but not limited to,
tortiolus, contractuialinverse condemnation or other theories or assertions of liabillity occurring by
reason of anything done or omitted to be done by ADMINISTERING AGENCY under thils
AGREEMENT.
15. STATE reserves the right toterminate funding for any PROJECT upon written notice to
ADMINISTERING! AGENCY in the event that ADMINISTERING AGENCY falls to proceed with
PROJECT work in accordance with the project -specific PROGRAM SUPPLEMENT, the bonding
requirements if applicable, or otherwise violates, the conditions of this AGREEMENT anidi/or
PROGRAM SUPPLEMENT, or the funding allocation such that substantial performance is
significantly endangered,,
17. In case of inconsistency or conflicts with the terms of this AGREEMENT and! that of a project -
specific PROGRAM SUPPLEMENT, the terms stated in, that PROGRAM SUPPLEMENT shall
prevail over those in this AGREEMENT.
18. Without the wrftten consent of STATE, this AGREEMENT is not assignable by
ADMINISTERING AGENCY either in whole or in part.
19. No alteration or variation of the terms of this AGREEMENT shall be vailid unless made in
writing and si,N by the PARTIES, and no oral understanding or agreement not incorporated
herein shall be binding on any olf'the PARTIES.
IN WITNESS WHEREOF, the PARTIES have executed this AGREEMENT by their duly
aiuthorized officers,
STATE OF CALIFORNIA
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City of Rosemead
Representative Name & Title
(Authorized Governing Body Representative)
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2�. ADMINISTERING AGENCY, its contra,ctor(s) and a:ll subcontractors shall comply with the
provisions of the Fair Employment and Housing Act (Government Code Section 12�90-0 et seq.),
and the applicable regulations promulgated thereunder (California Code of Regulations,, Title 2,
Section 7285,0 et seq). The ap;pilicable reguilations of the Fair Emp1oyment and Housing
Commission implementing Government Code, Section 12900(a-ql,l set forth in Chapter 5 of
Division 4 of Title 2 of the California Code of Regulations are incorporated into this AGREEMENT
by reference and made a part hereof as if set forth in, ful�l. Each of the ADMINISTERING
AGENCY'S contractors and all subcontractors shall givewriften notice of their obligations under
this clause, to labor organizations with which they have a collective bargaining or other
agreements, as appropriate.
4. AD 4v�
advertisements, appoin forms, and •other pertinent data and records by STATEthe State Fair
Employment and Housing Commission, or any other agency of the State of California designated
by STATE, for the purposes, of investigation to ascertain compliance with the Fair Employment
I
section! of this Agreement.
(a) STATE may determine a willful violation of the Fair Employment provision to have occurred
upon receipt of a final judgment to that effect from a court in an action to which ADMINISTERING
AGENCY was a party, or upon receipt of a written notice from the Fair Employment and Housing
Commission that it has investigated and determined that ADMINISTERING AGENCY has violated
the Fair Employment Practices Act and had issued an order uinder Labor Code Section 1426
which has, become final oir has obtained ain injunction uinider Labor Code Section 1429.
(b) For willful violation of this Fair Employment Provision, STATE shall have the right to terminate
this, Agreement either in whole or In part, and any loss or damage sustained, by STATE in securing
the goods, or services thereuinder shall be, borne and paid for by ADMINISTERING AGENCY and
by the surety under the performance bonid, if anily, and STATE may deduct from any moneys due
or thereafter may become due to ADMINISTERING AGENCYthe difference between the price
named in the Agreement and the actual cost thereof to STATE to, cure ADMINISTERING
AGENCY's breach of this Agreement.
A 81
More specifically, and without limiting the above general assurance,, ADMINISTERING AGENCY
hereby gives the following specific assurances with respect to its federal -aid Program -
1, That ADMINISTERING AGENCY agrees that each "program" and each "facility" as defined in
I
subsections 21 .23 (e) and 2123 (b) of the REGULATIONS, will be (with regard to a "program")
conducted, or will be (with! regard to a "facility"), operated in compliance with all requiirements
imposed by, or pursuant to, the REGULATIONS.
2. That ADMINISTERING AGENCY shall insert the following notification In all soons for bids
for work or material subject to the REGULATIONS made in connection with the fedeiral-aid
Program and, in adapted form, in all proposals for negotiated agreements:
ADMINISTERING AGENCY hereby notifies all blidders that it will affirmatively ensure, that in any
agreement entered into pursuant to this advertisement, disadvantaged business enterprises will
be afforded fuill opportunity to submit bids in response to this invitation and will not be
discriminated a,gainist on the grounds of race, color, sex, national origin, religion, age, or disability
in consideration for an award.
3. That ADMINISTERING AGENCY shall insert the clauses of Appendix A of this assurance
every agreement subject to the ACT and the REGULATIONS. i
4, That the clauses of Appendix B of this Assurance shall be included as a covenant running with
the land, ini, any deed e,ffect�ing a transfer of real property, structures, or improvements thereon, or
interest till~I .
5. That where ADMINISTERING AGENCY receives federal financial assistance to construct a
facility, or part of a facility, the Assurance shall extend to the entire facility and facilities operated in
connection therewith.
i 1
6. That where ADMINISTERING AGENCY receives federal financial' assistance in the form, or for
the acquisition, of real property or an interest in real property, the Assurance shal�l extend to ghts
to space on, over, or under such property.
7. That ADMINISTERING AGENCY shall include the appropriate clauses set forth in Appendix C
and D of this Assurance, as a covienanit running wit�h the land, in any future deeds, leases, permits,
licenses, and simillar agreements enitered into by the ADMINISTERING AGENCY with other
parties-
271#2�
(a) for the subseq�uent transfer of real property acquired or improved under the federal -aid
Progr,am; and
Z= = I
(b) for the construction or use of or ac�cess to space on, over, or under real property acquired, or
improved under the federal-iaid Program,
8. That this assurance obligates ADMINISTERING AGENCY for the period during which federal
financial assistance is extended to the program, except where the federal financial assistance is to
provide, or is in the form of, personal propert,y or real property or interest therein, or structures, or
improvemenits, thereon, in which case the assurance obligates ADMINISTERING AGENCY or any
transferee for the longer of the foillog pieds:
(a) the period during which the property is used for a purpose for which the federal financi
assistance is extended, or for another purpose involving the provision of similar
benefits; or
(b) the period during which ADMINISTERING AGENCY reta,ins ownership or possession, of t
property. I
1 UM ON -11111111 EJ UM o"Mill WA I M1101 ml;g 11 mj I I
10. That ADMINISTERING AGENCY agrees that the United States and the State of California
have a right to seek judicial enforcement with regard to any matter arising u1nder the ACT, the
REGULATIONS, and this Assurance.
11311191111 NWIN Iii I
THESE ASSURANCES are given in consideration of and for the purpose of obtaining any and all
federal grants, loans, agreements, property, discounts or other federal financial assistance
extended after the date hereof to ADMINISTERING AGENCY bySTATE, acting for the U.S.
D
I epairt�ment of Transportation, and is b�inding on ADMINISTERING AGENCY, other recipients,
subgrantees, applicants, su b-appl ic:a nits, transferees, successors in interest and other participants
in the federal -aid Highway Program.
i
During the performance of this Agreement, ADMINISTERING AGENCY, for itself, its assigne
2nd successors in interest (hilereinafter collectively referredto as ADMINISTERING AGIENC
2grees as follows:
(1) Compliance with Regulations: ADMINISTERING AGENCY shall comply with the regulatio
reilative to nondiscrimination in federally assisted programs of the Department of Transportatio
Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to tim
(hereiinafter referred to as the REGULATIONS), which are herein incorporated by reference a
made a part of this agreement.
(2) Nondiscrimination : ADMINISTERING AGENCY, with regard to the work performed by it during
the AGREEMENT, shall not discriminate on the grounds of racecolor, sex, national orig:in,
religiion, age, or disability in the selection and retention of sub -applicants, including procurements
of materials and leases of equipment, ADMINISTERING AGENCY shall not participate either
directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS,
including emiployment practices when the agreement covers a program set forth in Appendix B of
the REGULATIONS.
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(a) withholding of payments to ADMINISTERING AGENCY uinder the Agreement within
reasonable period of time, not to exceed 90i days,-, and/or I
(b) cancellation, termination or suspension of the Agreement, inwhole or in part.
Page 22 of 26
Fillsiza:2 1,211 bly"M %a moamwils am,
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The following clauses shall be includew! in any and aill deeds effecting or recording the transfer of
PROJECT real property, structures or improvements thereon, or interest therein from the United
States.
(GRANTING CLAUSE)
NOW, THEREFORE,the U.S. Department of Transportation, as authorized by law, a�nd upon the
condition that ADMINISTERING AGENCY will' accept title to the lands and maintain the project
constructed' thereon, in accordance with Title 23, United States Code, the Regulations for the
Admiinlistration of federal�-aid for Highways and the policies and procedures prescribed by the
Federal Highway Administration of the Department of Transportation and, also in accordance w,ith
and in compliance with the Regulations pertaining to and effectuating the provisions of Title VI of
the Civil Rights Act of 1;964 (78 Stat. 252; 42 U.S.C. 2000d to 2000cl-4), does hereby rem,ise,
release, quitclaim and convey unto the ADMINISTERING AGENCY aill the right, title, and interest
of the U.S. Department of Transportation in, and to, said lands described in Exhibit "A"' attached
hereto and made a part hereof.
TO HAVE AND TO HOLD said lands and interests therein unto ADMINISTERING AGENCY and
its successors forever, subject, holwever, to the covenanit, conditions, restrictions, and reservations
herein contained as follows, which will remain In effect for the period during which the real
property or structures are used for a purpose for which federa,l financial assistance is extended or
I
for another purpose ilnvolving the provision of similar services or benefits and shall be binding, on
ADMINISTERING AGENCY, its successors and assigns.,
ADMINISTERING AGENCY, in consideration of the conveyance od lands and interests il
lands, does hereby covenant and agree as a covenant running with the land for itself, i�
successors and assigns,
(1) that no person shall on the grounds of racecollor, sex, national origin, religion, age or
disability, be excluded from pafticipation in, be denied the benefits of, or be otherwise subeicted to
discrimination 'with regard to any facility located wholly or in part oin, over, or under such lands
hereby conveyed! (;) (and) *
(2), that ADMINISTERING AGENCY shall use the lands and interests in lands, so conveyed,
compliance, with all requirements imposed by or pursuant to Title 49, Code of Federal Regulation
Department, of Trans l rtatioln, Subtitle A, Office of the Secretary, Part 21, Non-disc6mination i
feclerally-assisted programs of the Department of Transportation - Effectuation of Title VI of th
Civil Rights Act of 1964, and as said Regulations may be amended (;) and I
(3) that in the event of breach of any of the above-mentioned nondiscrimination conditions, the
U.S. Department of Transportation shall have a right to re-enter said lands, and facilities on said
land, and the above-clescribed la�nd and facilities shall' thereon revert to and vest in and become
the absolute property of the U.S. Department of Transportation and its assigns as such interest
existed prior to this deed.*
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The following clauses shall be included in any and all deeds, licenses, leases,, permits, or similar
instruments entered into by ADMINISTERING AGENCY, pursuant to the provisions of Assurance
7(a) of Exhibit
The grantee (licensee, lessee, permittee, etc,, as, appropriate) for himself, his heirs, personal'!
representatives,, successors in interest, and assigns, as, a part of the consideration hereof, does
hereby covenant and agree (in the case of deeds aind leases add ""as covenant running with the
land") that in the event facilities are constructed, maintained, or otherwise operated on the said
property described in this (deed, license,, lease, permit, etc,) for a purpose for which a U.&
Department of Transportation program or activity is extended or for another purpose involving the
provision of similar services or benefits, the (grantee,, licensee, lessee, permittee, etc,), shall
maintain and operate such facilities, and services In compliance with all other requirements
imposed pursuant to Title 49, Code oif Federa,l RegulationsUl.S. Diepa, rtment of Transportation,,
Subtitle A, Office of Secretary, Part 21, Nondiscrimination in federally -assisted programs of the
Department of Transportation - Effectuation of Title V1 of the Civil'Ri�ights Act of 1964, and as said
Regulations may be amended.
(Include in licenses, leases, permits, etc,)*
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING
AGENCY' shall have the right to terminate the (license, lease, permit etc,) and to re-entier and
reNN ssess said; land and the facilities thereon, and hold the same as if said (licensei, lease, N®
had never been made or issued.
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING
AGENCY shall have the right to re-enter said land and facilities thereon, and the above-
described lands and facilities shal�l thereupon revert to and 'vest in and become the absolute
property of A,AGENCY and its assigns.
t' IM N M1111 NN MM]MVJ JW§Ij�Rkf Mil - 0 sN
1 94 M Me
Exhibit B.
,ens,es, leases, permits, or similar agreements
pursuant to the provisions of Assurance 7 (b) of
The grantee (licensee, lessee, per,mittee, etc., as appropriate) for himself, hiis personal
representatives, successors in interest and assigns, as a part of the consideration hereof, does
hereby covenant and agree (in the case of deeds, and leases add "as a covenant running with the
land") that -
(1)
1 1 no person on the ground of race, colorsex, national origin, religion, age or disability, shall be
excluded from participation, in, denied the, benefits oif, or otherwise subjected to discrimination in
the use of said facilities,-
(2),that in the construction of any improvements on, over, or under such land and the furnishing of
services thereon, no person on the ground of race, color, sex, national origin, religion, age or
disability sha,ll be excluded from participation in, denied the benefits ofor otherwise be subjected
to discrimination-, and
(3) that the (grantee, licensee, lessee, permittee, etc.,,) skull use the premises in compliance with
the Regulations,
(include in licenses, leases, permits, etc.)*
That in the event of breach of any of the above nondiscrimination covenants, ADIVIIIIIISTERING
AGENCY shall have the rigiht to terminate the (license, lease, permit, etc.) and to, re-enter and
repossess said land and the facilities thereon, and hold the same as if said (li�cense, lease, permit,
etc,)i had never been made or issued.
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING
1
AGENCY shall have the right to re-enter said land and facilities thereon, and the above-
described lands and facilities shall thereupon revert to and vest, in and become the absolute
property of ADMINISTERING AGENCY, and its assigns.
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