2400 - California Department of Transportation (Caltrans) - Program Supplement Agreement No. 013F Highway Safety Improvement HSIPL 5358 RESOLUTION NO.2018-55
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
CALIFORNIA, AUTHORIZING CITY STAFF TO EXECUTE THE PROGRAM
SUPPLEMENT AGREEMENT NO. 013-F, FOR HIGHWAY SAFETY
IMPROVEMENT PROGRAM LOCAL -HSIPL 5358 (019) BETWEEN THE CITY OF
ROSEMEAD AND THE STATE OF CALIFORNIA
WHEREAS, certain State funds administered by the State of California are conditionally
available to the CITY OF ROSEMEAD; and
WHEREAS, the City has applied and received a funding approval of $241,300 from the
Highway Safety Improvement Program Local; and
WHEREAS, the Program Supplement Agreement No. 013-F is proposed to obtain State.
funding for the City Highway Safety Improvement Program Local, Project No. HSIPL-5358
(019); and
WHEREAS, the Program Supplement Agreement No. 013-F to Administering Agency-State
Master Agreement No. 07-5358F15 must be executed before project invoices can be reimbursed;
and
WHEREAS,the utilization of said funds is in the best interest of the CITY OF ROSEMEAD.
NOW, THEREFORE, the City Council of the CITY OF ROSEMEAD, CALIFORNIA,
does hereby authorize the City Manager to execute the Program Supplement Agreement No. 013-F
to Administering Agency-State Master Agreement for State Funded Projects No. 07-5358F15,
between the City of Rosemead and the State of California.
PASSED,APPROVED AND ADOPTED THIS 25th DAY OF September,2018
•
ftte<en Ly,Mayor
•
APPROVED AS TO FORM: ATTEST: .
Rachel Richman, City Attorney . Ericka Hernandez, City Clerk
PROGRAM SUPPLEMENT NO. F013 Adv Project ID Date: August 28, 2018
to 0718000040 Location: 07-LA-0-RSMD
ADMINISTERING AGENCY-STATE AGREEMENT Project Number: HSIPL-5358(019)
FOR FEDERAL-AID PROJECTS NO 07-5358F15 E.A. Number:
Locode , 5358
This Program Supplement hereby adopts and incorporates the Administering Agency-State Agreement for Federal Aid
which was entered into between the Administering Agency and the State on and is subject to all the terms and
conditions thereof. This 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 payment by the State of any funds.derived from
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 Mission dr and Ivar ave
TYPE OF WORK: Install pedestrian HAWK system • LENGTH: 0.0(MILES).
Estimated Cost Federal Funds Matching Funds
ZS30 $241,300.00 LOCAL OTHER
$241,300.00 $0.00 $0.00
CITY OF ROSEMEAD STATE OF CALIFORNIA
Department of Transportation
By By
Title s'ks-'• (-4 r-\ r--146•••-.~-44 .-- Chief, Office of Project Implementation
Date / 2-G. I t Division of Local Assistance
AttestfA7 �
ee t✓fa- Date'.
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer Q t.. -z I r Date c`6L1/d $241;300.00
(41
Chapter Statutes Item Year Program BC Category Fund Source AMOUNT
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Program Supplement 07-5358F15-F013-ISTEA Page 1 of 6
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STATE OF CALIFORNIA.DEPARTMENT OF TRANSPORTATION
PROGRAM SUPPLMENT AND CERTIFICATION FORM •
PSCF(REV.01/2010)
• Page_O1
TO: STATE CONTROLLER'S OFFICE PROJECT NUMBER:
Claims Audits 8/28/2018 0718000040
3301 "C"Street,Rm 404 • REQUISITION NUMBER/CONTRACT NUMBER:
Sacramento,CA 95816 RQS-2660 -071900000203
FROM:
Department of Transportation
SUBJECT: •-
Encumbrance Document
VENDOR/ LOCAL AGENCY: • •
CITY OF ROSEMEAD
CONTRACT AMOUNT:
$241,300.00
•
Local Assistance
CHAPTER STATUTES ITEM • YEAR PEC/PECT TASK./SUBTASK AMOUNT
14 2017 2660-102-0890 2018 20.30.010.550 2620/0420 $241,300.00
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Total $241,300.00
ADA NOtll For individuals with sensory disabilities,this document is available in alternate formats.For information,call(915)654-6410 of TDD(916)-3880 or write
Records and.Forms Management,1120 N.Street,MS-89,Sacramento,CA 95814.
• 07-LA-0-RSMD 08/28/2018
, HSIPL-5358(019) •
SPECIAL COVENANTS OR REMARKS
1. 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
specific phase(s) with an "Authorization to Proceed" and .will not proceed with future
phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE
for that phase(s) unless no 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 invoice for the construction •
contract..
Failure to do so will. cause a delay in the State processing invoices for theconstruction
phase. Attention is directed to Section 15.7 "Award Package" of the Local Assistance
Procedures Manual. .
E. ADMINISTERING AGENCY agrees, as a minimum, to 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 Agreement, or by STATE's approval of an
applicable Finance Letter. STATE reserves the right to suspend future
• authorizations/obligations for Federal aid projects, or encumbrances for State. funded
projects, 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 billing date and target billing amount.
ADMINISTERING AGENCY agrees to submit the final report documents that collectively
constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT
completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of
Expenditures" within 180 days of PROJECT completion will result in STATE imposing
sanctions upon ADMINISTERING AGENCY in accordance with the current Local
Assistance Procedures Manual.
F. Administering Agency 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 08/28/2018
I-ISIPL-5358(019)
SPECIAL COVENANTS OR REMARKS
assisted contract or in the administration of its DBE Program Implementation Agreement.
The Administering Agency shall take all necessary and reasonable steps under 49 CFR
Part 26 to ensure nondiscrimination in the award and administration of Federal-assisted
contracts. The Administering Agency's DBE Implementation Agreement is incorporated
by reference in this Agreement. Implementation of the DBE Implementation Agreement;
including but not limited to timely reporting of DBE commitments and utilization, is a legal
obligation and failure to carry out its terms shall be treated as a violation of this
Agreement. Upon notification to the Administering Agency of its failure to carry out its
DBE Implementation Agreement, the State may impose sanctions as provided for under
49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18
U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et
seq.).
G. Any State and Federal funds that may have been encumbered for this project are
available for disbursement for limited periods of time. For each fund encumbrance the
limited period is from the start of the fiscal year that the specific fund was appropriated
within the State Budget Act to the applicable fund Reversion:Date.shown on the State
approved project finance letter. Per Government Code Section 16304, all project funds
not liquidated within these periods will revert unless an executed Cooperative Work
Agreement extending these dates is requested by the ADMINISTERING AGENCY and
approved by the California Department of Finance.
ADMINISTERING AGENCY should ensure that invoices are submitted to the District
Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to
avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's
Office and the Department of Finance; in order for payment to be made, the last date.the
District Local Assistance Engineer can forward an invoice for payment to the
Department's Local. Programs Accounting Office for reimbursable work for funds that are
going to revert 'at the end of a particular fiscal year is May 15th of the particular fiscal
year. Notwithstanding the unliquidated sums of project specific State and Federal funding
remaining and available to fund project work, any invoice for reimbursement involving
applicable' funds that is not received by the Department's Local Programs Accounting
Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid.
These unexpended funds will be irrevocably reverted by the Department's Division of
Accounting on the applicable fund Reversion Date.
H. As a condition for receiving federal-aid highway funds for the PROJECT, the
• Administering Agency certifies that NO members of the elected board, council, or other
key decision makers are on the Federal Government Exclusion List. Exclusions can be
found at www.sam.gov.
2. A. ADMINISTERING 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 to as ."LOCAL
ASSISTANCE PROCEDURES") relating to the federal-aid program, all Title 23 Code of
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07-LA-0-RSMD 08/28/2018
HSIPL-5358(019)
SPECIAL COVENANTS OR REMARKS
Federal Regulation (CFR) and 2 CFR Part 200 federal requirements, and all applicable
federal laws, regulations, and policy and procedural or instructional memoranda, unless
otherwise specifically waived as designated in the executed project-specific PROGRAM
SUPPLEMENT.
B. Invoices shall be submitted on ADMINISTERING AGENCY 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 backup
documentation for costs incurred and claimed for reimbursement by ADMINISTERING
AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup
documentation with invoices if requested by State. 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 contractors, and/or a
computerized summary of PROJECT costs.
D. Indirect Cost Allocation Plan/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/ICRPs 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. ' .
E. STATE will withhold the greater of either two (2) percent of the total of all federal funds
encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING
AGENCY submits the Final Report of Expenditures for each completed PROGRAM
SUPPLEMENT PROJECT.
F. Payments to ADMINISTERING AGENCY for . PROJECT-related travel and •
subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its
contractors and subcontractors claimed for reimbursement or as local match credit shall
not exceed rates authorized to be paid rank and file STATE employees under 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 within thirty
(30) days of such invoice.
G. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform
Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards.
H. ADMINISTERING AGENCY agrees, and will assure that its contractors and
subcontractors will be obligated to agree, that Contract Cost Principles and Procedures,
• Program Supplement 07-5358F15-F013-ISTEA Page 4 of 6
07-LA-0-RSMD 08/28/2018
HSI`PL-5358(019)
SPECIAL COVENANTS OR REMARKS
48 CFR, Federal Acquisition Regulations System, Chapter 1,. Part 31, et seq., shall be
used to determine the allowability of individual PROJECT cost items.
I. Every sub-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 10335-10381
(non-A&E services), and.other applicable STATE and FEDERAL regulations.
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J. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or
credit that are determined by subsequent audit to be unallowable under'2 CFR, Part 200,
23 CFR, 48 CFR, Chapter 1, Part 31, and other applicable STATE and FEDERAL
regulations, are subject to repayment by ADMINISTERING AGENCY to STATE
K. STATE reserves the right to conduct technical and financial 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 the following paragraph: '. •
ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors. and
subcontractors, and STATE shall each maintain and make available for inspection and
audit by STATE, the California State Auditor, or any duly authorized representative of
STATE or the United States all books, documents, papers, accounting 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 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 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. •
L. ADMINISTERING AGENCY, its contractors and subcontractors shall establish 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 item for the PROJECT. The financial management system of
ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to
Generally Accepted Accounting Principles, enable the determination, of incurred costs at
. interim points of completion, and provide support for reimbursement payment vouchers or
invoices set to or paid by STATE.
M. ADMINISTERING AGENCY is required to have an audit in accordance withthe Single
• Audit Act of 2 CFR 200 if it expends $750,000 or more in Federal. Funds in'asingle fiscal
year of the Catalogue of Federal Domestic Assistance.
N. ADMINISTERING AGENCY agrees to' include all PROGRAM SUPPLEMENTS
adopting the terms of this AGREEMENT in the schedule of projects tobe examined in
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1HSIPL-5358(019) •
SPECIAL COVENANTS OR REMARKS
ADMINISTERING AGENCY's annual audit and in the schedule of projects to be
examined under its single audit prepared in accordance with 2 CFR, Part 200.
0. ADMINISTERING AGENCY shall not award a non-A&E contract over $5,000,
construction contracts over $10,000, or other .contracts over $25,000 [excluding
professional service contracts of the type which: are required to be procured in
accordance with Government Code sections 4525 (d), (e) 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 meet the requirements set forth in this AGREEMENT
regarding local match funds. .
P. Any subcontract entered into by ADMINISTERING AGENCY as a result of this
AGREEMENT shall contain provisions B, C, F, H, 1, K, and L under Section 2 of this
agreement. .
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Program Supplement 07-5358F15-F013-ISTEA Page 6 of 6
MASTER AGREEMENT
ADMINISTERING AGENCY-STATE AGREEMENT FOR
FEDERAL-AID PROJECTS
07 City of Rosemead
District Administering Agency
•
Agreement No. 07-5358F15
This AGREEMENT, is entered into effective this day of , 20 , by and
between City of Rosemead, hereinafter referred to as "ADMINISTERING AGENCY," and the State
of California, acting by and through its Department of Transportation (Caltrans), hereinafter
referred to as "STATE", and together referred to as "PARTIES" or individually as a "PARTY."
RECITALS: .
1. WHEREAS, the Congress of the United States has enacted the Intermodal Surface
Transportation Efficiency Act (ISTEA) of 1991 and subsequent Transportation Authorization Bills
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 projects of public
entities qualified to act as recipients of these federal-aid funds in accordance with the intent of
federal 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
terms 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.
NOW, THEREFORE, the PARTIES agree as follows:
Page 1 of 26
ARTICLE I - PROJECT ADMINISTRATION
1. This AGREEMENT shall have no force or effect with respect to any program project unless and
until a project-specific "Authorization/Agreement Summary", herein referred to as "E=76"
document, is approved by STATE and the Federal Highway Administration (FHWA).
2. The term "PROJECT", as used.herein, means that authorized transportation related project and
related activities financed in part with federal-aid funds as more fully-described in an
"Authorization/ Agreement Summary" or "Amendment/Modification Summary", herein referred to
as "E-76" or "E-76 (AMOD)" document authorized by STATE and the Federal Highway
Administration (FHWA).
3. The E-76/E-76 (AMOD) shall designate the party responsible for implementing PROJECT, type
of work and location of PROJECT. .
4. The. PROGRAM SUPPLEMENT sets out special covenants as a condition for the
ADMINISTERING AGENCY to receive federal-aid funds from/through STATE for designated
PROJECT. The PROGRAM SUPPLEMENT shall also show these federal funds that have been .
initially encumbered for PROJECT along with the matching funds to beprovided 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 shall be approved and managed by the
governing body of ADMINISTERING AGENCY.
5. ADMINISTERING AGENCY agrees to execute and 'return each project-specific PROGRAM
SUPPLEMENT within ninety (90) days of receipt. The PARTIES agree that STATE may suspend
future authorizations/obligations and 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 and all of the agreed-upon'Special
Covenants or Remarks incorporated within the PROGRAM SUPPLEMENT, and
Cooperative/Contribution Agreement where appropriate, defining and identifying the nature of the
specific PROJECT.
7. Federal, state and matching funds will not participate in PROJECT work performed in advance
of the approval of the E-76 or E-76 (AMOD), unless otherwise stated in the executed project- ,
specific PROGRAM SUPPLEMENT. ADMINISTERING AGENCY agrees that it will only proceed
with the work authorized for that specific phase(s) on the project-specific E-76 or E-76 (AMOD).
ADMINISTERING AGENCY further agrees to not proceed with future phases of PROJECT prior to
receiving an E-76 (AMOD) from STATE for that phase(s) unless no further federal funds are
needed or for those future phase(s).
Page 2 of 26
8. That 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. ADMINISTERING 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 to as "LOCAL ASSISTANCE PROCEDURES")
relating to the federal-aid program, all Title 23 Code of Federal Regulation (CFR) and 2 CFR part
200 federal requirements, and all applicable federal laws, regulations, and policy and procedural
or instructional memoranda, unless otherwise specifically waived as designated in the executed
project-specific PROGRAM SUPPLEMENT.
10. 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 designstandards or the approved geometric design standards of ADMINISTERING
AGENCY. Additionally, for projects off the NHS, STATE will accept ADMINISTERING AGENCY-
approved standard specifications, standard plans, materials sampling and testing quality
assurance programs that meet the conditions described in the then current LOCAL ASSISTANCE
PROCEDURES.
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11. If PROJECT involves work within or partially within STATE-owned right-of-way, that
PROJECT shall also be subject to compliance with the policies, procedures and standards of the
STATE Project Development Procedures Manual and. Highway Design Manual and, where
appropriate, an executed Cooperative Agreement between STATE and ADMINISTERING
AGENCY that outlines the PROJECT responsibilities and respective obligations of the PARTIES.
ADMINISTERING AGENCY and its contractors shall.each obtain an encroachmentpermit through
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
railroad, the contract for such work shall be prepared by ADMINISTERING AGENCY or by
STATE, as the PARTIES may hereafter agree. In either event, ADMINISTERING AGENCY shall
enter into an agreement with the railroad providing for future maintenance of protective devices or
other facilities installed under the contract.
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13. If PROJECT is using STATE funds, the Department of General Services, Division of the State -
Architect, or its designee, shall review the contract PS&E .for the construction of buildings,
structures, sidewalks, curbs and related facilities for accessibility and usability. ADMINISTERING •
AGENCY shall not award a PROJECT construction contract for these types of improvements until
the State Architect has issued written approval stating that the PROJECT plans and specifications
comply with the provisions of sections 4450 and 4454 of the California Government Code, if
applicable. Further requirements and guidance are provided in Title 24 of the California Code of
Regulations.
14. ADMINISTERING AGENCY will advertise, award and administer PROJECT in accordance
with the current LOCAL ASSISTANCE PROCEDURES unless otherwise stated in the executed
project-specific PROGRAM SUPPLEMENT.
Page 3 of 26
15. ADMINISTERING AGENCY shall provide or arrange for adequate supervision and inspection
of each PROJECT. While consultants may perform supervision and inspection work for PROJECT
with a fully qualified and licensed engineer, ADMINISTERING AGENCY shall provide a full-time
employee to be in responsible charge of each PROJECT who is not a consultant.
16. ADMINISTERING AGENCY shall submit PROJECT-specific contract award documents to
STATE's District Local Assistance Engineer within sixty (60) days after contract award. A copy of
the award documents shall also be included with the submittal of the first invoice for a construction
contract by ADMINISTERING AGENCY.
17. ADMINISTERING AGENCY shall submit the final report documents that collectively constitute
a "Report of Expenditures"within one hundred eighty (180) days of PROJECT completion. Failure
by ADMINISTERING AGENCY to submit a "Report of Expenditures" within one hundred eighty
(180) days of project completion will result in STATE imposing sanctions upon ADMINISTERING
AGENCY in accordance with the current LOCAL ASSISTANCE PROCEDURES.
18. ADMINISTERING AGENCY shall comply with: (i) section 504 of the Rehabilitation Act of 1973
which prohibits discrimination on the basis of disability in federally assisted programs; (ii) the
Americans with Disabilities Act (ADA) of 1990 which prohibits discrimination on the basis of
disability irrespective of funding; and (iii) all applicable regulations and guidelines issued pursuant
to both the Rehabilitation Act and the ADA.
•
19. The Congress of the.United States, the Legislature of the State of California and the Governor
of the State of California, each within their respective jurisdictions, have prescribed certain
nondiscrimination requirements with respect to contract and other work financed with public funds.
ADMINISTERING AGENCY agrees to comply with the requirements of the FAIR EMPLOYMENT
PRACTICES ADDENDUM (Exhibit A attached hereto) and the NONDISCRIMINATION
ASSURANCES (Exhibit B attached hereto). ADMINISTERING AGENCY further agrees that any
agreement entered into by ADMINISTERING AGENCY with a third party for performance of
PROJECT-related work shall incorporate Exhibits A and B (with third party's name replacing
ADMINISTERING AGENCY) as essential parts of such agreement to be enforced by that third
party as verified by ADMINISTERING AGENCY.
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Page 4 of .26
ARTICLE II - RIGHTS OF WAY
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1. No contract for the construction of a federal-aid PROJECT shall be awarded until all necessary
rights of way have been secured. . Prior to the advertising for construction of PROJECT,
ADMINISTERING AGENCY shall certify and, upon request, shall furnish 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 and hold STATE harmless from any liability
that mayy result in the event the right of way for a PROJECT, including, but not limited to, being
clear as certified or if said right of way is found to contain hazardous materials requiring treatment
or removal to remediate in accordance with Federal and State laws. The furnishing of right of way
as provided for herein includes, in addition to all real 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 anddamages 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 arise.out of delays to the construction of PROJECT because
utility facilitieshave not been timely removed or relocated, or because rights of way were not
available to ADMINISTERING AGENCY for the orderly prosecution of PROJECT work.
3. 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 funds for expenditures.
incurred in purchasing only the necessary rights of way needed for the PROJECT after crediting
PROJECT with the fair market value of any excess property retained and not disposed of by
ADMINISTERING AGENCY:
4. When real property rights are to be acquired by ADMINISTERING AGENCY for a PROJECT,
said ADMINISTERING AGENCY must carry out that acquisition in compliance with all applicab,le
State and Federal laws and regulations, in accordance with State procedures as published in
State's current LOCAL ASSISTANCE PROCEDURES and STATE's Right-of-Way Manual,
subject to STATE oversight to ensure that the completed work is acceptable' under the Federal
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. .
5. Whether or not federal-aid is to be requested for right of way, should ADMINISTERING
AGENCY, in acquiring right of way for PROJECT, displace an individual, family, business, farm
operation, or non-profit organization, 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
services which will be available, and, to the greatest extent practicable, 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 assurances, 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 realistic and adequate to provide
orderly, timely and efficient relocation of PROJECT-displaced'persons asprovided in 49 CFR,
Part 24.
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Page 5 of 26
6. ADMINISTERING AGENCY shall, along with recording the deed or instrument evidencing title
in the name of the ADMINISTERING AGENCY or their assignee, also record an Agreement
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.
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Page 6 of 26
ARTICLE III - MAINTENANCE AND MANAGEMENT
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 amend this AGREEMENT to otherwise provide. With the approval of STATE,
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 public entity.
2. Upon ADMINISTERING AGENCY's acceptance of the completed federal-aid construction
contract or upon contractor being relieved of the responsibility for maintaining and protecting
PROJECT, ADMINISTERING AGENCY will be responsible for the maintenance, ownership,
liability, and the expense thereof, for PROJECT in a manner satisfactory to the authorized
representatives of STATE and FHWA and if PROJECT falls within the jurisdictional limits of
another Agency or Agencies, it is the duty of ADMINISTERING AGENCY to facilitate a separate
maintenance agreement(s) between itself and the other jurisdictional Agency or Agencies
providing for the operation, maintenance, ownership and liability of PROJECT. Until those
agreements are executed, ADMINISTERING AGENCY will be responsible for all PROJECT
operations, maintenance, ownership and liability in a manner satisfactory.to the authorized
representatives of STATE and FHWA. If, within ninety (90) days after receipt of notice from
STATE that a PROJECT, or any portion thereof, is not being properly operated and maintained
and ADMINISTERING AGENCY has not satisfactorily remedied the conditions complained of, the
approval of future federal-aid projects of ADMINISTERING AGENCY will be withheld until the
PROJECT shall have been put in a condition of operation and maintenance satisfactory to STATE
and FHWA. The provisions of this section shall not apply to a PROJECT that has been vacated
through due process of law with STATE's concurrence.
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 reasonably requires.
Said operations and maintenance staff may be employees of ADMINISTERING 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 of the
complete PROJECT improvements.
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Page 7 of 26
ARTICLE IV- FISCAL PROVISIONS
1. All contractual obligations of STATE are subject to the appropriation of resources by the
Legislature and the allocation of resources by the California Transportation.Commission (CTC).
2. STATE'S financial commitment of federal funds will occur only upon the execution of this
AGREEMENT, the authorization of,the project-specific E-76 or E-76 (AMOD), the execution of
each project-specific PROGRAM SUPPLEMENT, and STATE's approved finance letter.
•
3. ADMINISTERING AGENCY, may submit signed invoices in arrears for reimbursement of
participating 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 submit 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/obligations, 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 fora six (6) month period.
5. Invoices shall be submitted on ADMINISTERING AGENCY letterhead that includes the address
of ADMINISTERING AGENCY and shall be formatted in accordance with LOCAL ASSISTANCE
PROCEDURES.
6. ADMINISTERING AGENCY must have at least one copy of supporting backup documentation
for costs incurred and claimed for reimbursement by ADMINISTERING AGENCY.
ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if
requested by State. 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 contractors, and/or a computerized summary of PROJECT costs.
7. Payments to ADMINISTERING AGENCY.can only be released by STATE as reimbursement of
actual allowable PROJECT costs already incurred and paid for by ADMINISTERING AGENCY.
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/ICRPs 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 excess
federal funds from the constructionphase of PROJECT if the contract award amount is less than
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 $40,000 until ADMINISTERING AGENCY
submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT
PROJECT.
Page 8 of 26
11. The estimated total cost of PROJECT, the amount of federal funds obligated, and the required
matching funds may be adjusted by mutual consent of the PARTIES heretowith a finance letter, a
detailed estimate, if required, and approved E-76 (AMOD). Federal-aid funding may be increased
to cover PROJECT cost increases only if such funds are available and FHWA concurs with that
increase.
12. When additional federal-aid funds are not available, ADMINISTERING.AGENCY agrees that -
the payment of federal funds will be limited to the amounts authorized on the PROJECT specific
E-76 / E-76 (AMOD) and agrees that any increases in PROJECT costs mustbe defrayed with
ADMINISTERING AGENCY's own funds.
13. ADMINISTERING AGENCY shall use its own non-federal funds to finance the local share of
eligible costs and all expenditures or contract items ruled ineligible for financing with federal funds.
STATE shall make the determination of ADMINISTERING AGENCY's cost eligibility for federal
fund financing of PROJECT costs.
14. ADMINISTERING AGENCY will reimburse STATE for STATE's share of costs for work
performed by STATE at the request of ADMINISTERING AGENCY. STATE's'costs shall include
overhead assessments in accordance with section 8755.1 of the State Administrative Manual.
15. Federal and state funds allocated from the State Transportation Improvement Program (STIP)
are subject to the timely use of funds provisions enacted by Senate Bill 45, approved in 1997, and
subsequent STIP Guidelines and State procedures approved by the CTC and STATE.
16. Federal fundsencumbered for PROJECT are available for liquidation for a period of six (6)
years'from the beginning of the State fiscal year the funds were appropriated in the State Budget.
State funds encumbered for PROJECT are available 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 finance letter for PROJECT.
17. Payments to ADMINISTERING AGENCY for PROJECT-related travel and subsistence (per
diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors
claimed for reimbursement or as local match credit shall not exceed rates authorized. to be paid
rank and file STATE employees under 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 within thirty (30) days of such invoice.
18. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200,. Uniform Administrative
Requirements, Cost Principles and Audit Requirement for Federal Awards.
19. ADMINISTERING AGENCY agrees, and will ensure that its contractors and 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
allowability of individual PROJECT cost items.
Page 9 of 26
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20. Every sub-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 10335-1.0381 (non-A&E
services), and other applicable STATE and FEDERAL regulations.
21. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit
that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, 23 CFR, 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 should 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 withhold 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 federal-aid projects.
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 would restrict or
otherwise limit STATE's abilityto recover State funds improperly spent by ADMINISTERING
AGENCY in contravention of the terms of.this AGREEMENT. .
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Page 10 of. 26
ARTICLE V
AUDITS, THIRD.PARTY CONTRACTING, RECORDS RETENTION AND REPORTS
1. STATE reserves the right to conduct technical and financial 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
7-PROJECT records available for audit and copying as required by paragraph three (3) of ARTICLE
V.
2. ADMINISTERING AGENCY, its contractors and subcontractors shall establish andmaintain a
financial management system and records that properly accumulate and segregate reasonable,
allowable, and allocable incurred PROJECT costs and matching funds by line item for the
PROJECT. The financial management system of ADMINISTERING AGENCY, its contractors and
all subcontractors shall conform to Generally Accepted Accounting Principles, enable the
determination of 'incurred costs at interim points of completion, and provide support for
reimbursement payment vouchers or invoices sent to or paid by STATE.
3. ADMINISTERING AGENCY, ADMINISTERING AGENCY's contractors and subcontractors, and
STATE shall each maintain and make available for inspection andaudit by STATE, the California
State Auditor, or any duly authorized representative of STATE or the United States all books,
documents, papers , accounting 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 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 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 required to have an audit in accordance with the Single Audit Act
of 2 CFR 200 if it expends $750,000 or more in Federal Funds in a single fiscal year. The Federal
Funds received under a PROGRAM SUPPLEMENT are a part of the Catalogue of Federal
Domestic Assistance (CFDA) 20.205. .
5. ADMINISTERINGAGENCY agrees to include all PROGRAM SUPPLEMENTS adoptingthe
terms of this AGREEMENT in the schedule of projects to be examined in ADMINISTERING
AGENCY's annual audit and in the schedule of projects to be examined under, its single audit
prepared in accordance'with 2 CFR, Part 200. . . .
6. ADMINISTERING AGENCY shall not award a non-A&E contract over $5,000, construction
contract over$10,000, or other contracts over$25,000 (excluding professional service contracts of
_ the type which are required to be procured in accordance with Government Code sections 4525
(d), (e) 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 meet the requirements set
forth in this AGREEMENT regarding local match funds.
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Page 11 'of 26 '
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7. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT
shall contain provisions 5, 6, 17, 19 and 20 of ARTICLE IV, FISCAL PROVISIONS, and provisions
1, 2, and 3 of this ARTICLE V, AUDITS, THIRD-PARTY . CONTRACTING RECORDS
RETENTION AND REPORTS.
8. To be eligible for local match credit, ADMINISTERING AGENCY must ensure that local match
funds used for a PROJECT meet the fiscal provisions requirements outlined in ARTICLE IV in the
same manner as required of all other PROJECT expenditures.
9. In addition to the above, the pre-award requirements of third-party contractor/consultants with
ADMINISTERING AGENCY should be consistent with the LOCAL ASSISTANCE PROCEDURES.
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Page 12 of 26
ARTICLE VI - FEDERAL LOBBYING ACTIVITIES CERTIFICATION
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 funds 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 any funds other than federal appropriated funds have been paid, or will be paid, to any person
for influencing or attempting to influence an officer or employee of any federal agency, a member
of Congress, an officer or employee of Congress or an employee of a,member of Congress in
connection with this AGREEMENT, grant, local, or cooperative contract, ADMINISTERING
AGENCY shall complete and submit Standard Form-LLL, "Disclosure Form to Rep Lobbying," in
accordance with the form instructions.
C. This certification 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
imposed by Section 1352, Title 31, United States Code. Any party ,who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000
for each such failure.
2. ADMINISTERING AGENCY also agrees by signing this AGREEMENT that the language of this
certification will be included in all lower tier sub-agreements which exceed $100,000 and that all
such sub-recipients shall certify and disclose accordingly.
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Page' 13 of 26
ARTICLE VII - MISCELLANEOUS PROVISIONS
1. ADMINISTERING AGENCY agrees to use all state funds reimbursed hereunder only for
transportation purposes that are in conformance with Article XIX of. the California State
Constitution and the relevant Federal Regulations. .
2. This AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute
enacted by the State Legislature or adopted by the CTC that may affect the provisions, terms, or
funding of this AGREEMENT in any manner.
3. ADMINISTERING AGENCY and the officers and employees of ADMINISTERING AGENCY,
when engaged in the performance of this AGREEMENT, shall act in an independent capacity and
not as officers, employees or agents of STATE or the federal government.
4. Each project-specific E-76 or E-76 (AMOD), PROGRAM SUPPLEMENT and Finance Letter.
shall separately establish the terms and funding limits for each described PROJECT,funded under
the AGREEMENT. No federal or state funds are obligated against this AGREEMENT.
5. ADMINISTERING AGENCY certifies,that neither ADMINISTERING AGENCY nor its principals
are suspended 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 or 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 fora commission, percentage, brokerage, or contingent fee,
excepting bona fide employees or .bona fide established commercial or selling agencies
maintained by ADMINISTERING AGENCY for the purpose of securing business. For breach or
violation of this warranty, STATE has the right to annul this AGREEMENT without liability, pay
only for the value of the work actually performed, 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 unappealable finding of contemptof
court by a federal court has been issued against ADMINISTERING AGENCY.within the immediate
preceding two (2) year period because of ADMINISTERING AGENCY's failure to comply with an
order 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 animpact upon. the
outcome of this AGREEMENT. ADMINISTERING AGENCY shall also list current contractors who
may have a financial interest in the outcome of this AGREEMENT.
9. ADMINISTERING AGENCY hereby certifies that it does not have nor shall it acquire any
financial or business interest that would conflict with the performance. of PROJECT under this
AGREEMENT.
Page 14 of 26'
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 discretion, 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 under this AGREEMENT that is not disposed
of by agreement shall be decided by the STATE's Contract Officer who may consider any written
or verbal evidence submitted by ADMINISTERING AGENCY. The decision of the Contract Officer,
issued in writing, shall be conclusive.and binding on the PARTIES on all questions of fact
considered and determined by the Contract Officer.
12. Neither the pending of a dispute nor its consideration by the Contract Officer will excuse
ADMINISTERING AGENCY from full and timely performance in accordance with the terms of this
AGREEMENT.
13. Neither ADMINISTERING AGENCY nor any officer or employee thereof is responsible for any
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, suits or actions
of every name, kind and description brought forth under, including, but not limited to, tortious,
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 omitted to be done by. ADMINISTERING
AGENCY under, or in connection with, any work, authority or jurisdiction arising under this
AGREEMENT. It is understood and agreed that,ADMINISTERING AGENCY shall fully defend,
indemnify and save harmless STATE and all of its officers and employees from all claims, suits or
actions of every name, kind and description brought forth under, including, ,butnot limited to,
tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by
reason of anything done or omitted to be done by ADMINISTERING AGENCY under this
AGREEMENT.
15. STATE reserves the' right to terminate funding for any PROJECT upon'written notice to
ADMINISTERING AGENCY in the event that ADMINISTERING AGENCY fails 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 and/or
PROGRAM SUPPLEMENT, or the funding allocation such that substantial performance is
significantly endangered.
Page 15 of 26
16. No termination shall become effective if, within thirty (30) days after receipt of a Notice of
Termination, ADMINISTERING AGENCY either cures the default involved or, if not reasonably
susceptible of cure within said thirty (30) day period, ADMINISTERING AGENCY proceeds
thereafter to complete the cure in a manner and time line acceptable to STATE. Any such
termination shall be accomplished by delivery. to ADMINISTERING AGENCY of a Notice of
Termination, which notice shall become effective not less than thirty (30) days after receipt,
specifying the reason for the termination, the extent to which funding of work under this
AGREEMENT is terminated and the date upon which such termination becomes effective, if.
beyond thirty (30) days after receipt. During the period before the effective termination date,
ADMINISTERING AGENCY and STATE shall meet to attempt to resolve any dispute. In the event
of such termination, STATE may proceed with the PROJECT work in a manner deemed proper by
STATE, If STATE terminates funding for PROJECT with ADMINISTERING AGENCY, STATE
shall pay ADMINISTERING AGENCY the sum due ADMINISTERING AGENCY under the
PROGRAM SUPPLEMENT and/or STATE approved finance letter prior to termination, provided,
however, ADMINISTERING AGENCY is not in default of the terms and conditions of this
AGREEMENT or the project-specific PROGRAM SUPPLEMENT and that the cost of PROJECT
completion to STATE shall first be deducted from any sum due ADMINISTERING AGENCY.
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 written 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 valid unless made in
writing and signedby the PARTIES, andno oral understanding or agreement not incorporated
herein shall be binding on any of the PARTIES:
IN WITNESS WHEREOF, the PARTIES have executed this AGREEMENT by their duly
authorized officers.
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION City of Rosemead
By By < . F t.w. c,: --‘76..
sem ,
Chief, Office of Project Implementation
Division of Local Assistance City of Rosemead
Representative Name &Title
(Authorized Governing Body Representative)
Date Date
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Page 16 of 26
EXHIBIT A
FAIR EMPLOYMENT PRACTICES ADDENDUM
1. In the performance of this Agreement, ADMINISTERING AGENCY will not discriminate against
any employee for employment because of race, color, sex, sexual orientation,,religion, ancestry or
national origin, physical disability, medical condition, marital status, political affiliation, family and
medical care leave, pregnancy leave, or.disability leave. ADMINISTERING AGENCY will take
affirmative action to ensure that employees are treated during employment without regard to their
race, sex, sexual orientation, color, religion, ancestry, or national origin, physical disability, medical
condition, marital status, political affiliation, family and medical care leave, pregnancy leave, or
disability leave. 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.
ADMINISTERING AGENCY shall post, in conspicuous places, available to employees for
employment, notices to be provided by STATE setting forth the provisions of this Fair. Employment
section.
2. ADMINISTERING AGENCY, its contractor(s) and all subcontractors shall comply with the
provisions of the Fair Employment and Housing Act (Government Code Section 1290-0 et seq.),
and the applicable regulations promulgated thereunder (California.Code of Regulations, Title 2,
Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing
Commission implementing Government Code, Section 12900(a-f), 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 full. Each of the ADMINISTERING
AGENCY'S contractors and all subcontractors shall give written notice of their obligations under
this clause to labor organizations with whichthey have a collective . bargaining or other
agreements, as appropriate.
3. ADMINISTERING AGENCY shall include the nondiscrimination and compliance provisions of
this clause in all contracts and subcontracts to perform work under.this AGREEMENT.
4. ADMINISTERING AGENCY will permit access tothe records of employment, employment
advertisements, application forms,and other pertinent data and records by. STATE,the 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
section of this Agreement.
5. Remedies for Willful Violation:
(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 writtennotice 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 under Labor Code Section 1.426
which has become final or has obtained an injunction under Labor Code Section 1429.
Page 17 of 26
(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 thereunder shall be borne and paid for by ADMINISTERING AGENCY and
by the surety under the performance bond, if any, and STATE may deduct from any moneys due
or thereafter may become due to ADMINISTERING AGENCY, the difference between the price
named in the Agreement and the actual cost thereof to STATE to cure ADMINISTERING
AGENCY's breach of this Agreement.
Page 18 of 26
EXHIBIT B
NONDISCRIMINATION ASSURANCES
ADMINISTERING AGENCY HEREBY AGREES THAT, as a condition to receiving any federal
financial assistance from the STATE, acting for the U.S. Department of Transportation, it will
comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-42 U.S.C.
• 2000d-4 (hereinafter referred to as the ACT), and all requirements imposed by or pursuant to Title
49, Code. of Federal Regulations, Department of Transportation, Subtitle A, Office of the
Secretary, Part 21, "Nondiscrimination in Federally-Assisted Programs of the Department of
Transportation - Effectuation of Title VI of the Civil Rights Act of 1964". (hereinafter referred to as
the REGULATIONS), the Federal-aid Highway Act of 1973, and other pertinent directives, to the
end that in accordance with the ACT, REGULATIONS, and other pertinent directives, no person in
the United States shall, on the grounds of race, color, sex, national origin, religion, age or
disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity for which ADMINISTERING AGENCY receives
federal financial assistance from the Federal Department of Transportation. ADMINISTERING
AGENCY.HEREBY GIVES ASSURANCE THAT ADMINISTERING AGENCY will promptly take
any measures necessary to effectuate this agreement. This assurance is required by subsection
21.7(a) (1) of the REGULATIONS.
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
subsections 21.23 (e) and 21.23 (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 requirements
imposed by, or pursuant to, the REGULATIONS.
2. That ADMINISTERING AGENCY shall insert the following notification in all solicitations for bids
for work or material subject to the REGULATIONS made in connection with the federal-aid
Program and, in adapted form, in all proposals for negotiated agreements:
ADMINISTERING AGENCY hereby notifies all bidders that it willaffirmatively ensure that'in any
agreement entered into pursuant to this advertisement, disadvantaged business enterprises will
be afforded full opportunity to submit bids in response to this invitation and will not be
discriminated against 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 in
every agreement subject to the ACT and the REGULATIONS.
4._That the:clauses of Appendix B of this Assurance shall be included,as a covenant running with
the:land, in any deed_ effecting a transfer of real property, structures, or improvements thereon,.or
interest therein.
Page 19 of 26
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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.
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 shall extend to rights
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 covenant running with the land, in any future deeds, leases, permits,
licenses, and similar agreements entered into by the ADMINISTERING AGENCY with other
parties:
Appendix C;
(a) for the subsequent transfer of real property acquired or improved .under the federal-aid
Program; and
Appendix D;
(b) for the construction or use of or access to space on, over, or under real property acquired, or
improved under the federal-aid 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 property or real property or interest therein, or structures, or
improvements thereon, in which case the assurance obligates ADMINISTERING AGENCY or any
transferee for the longer of the following periods:
(a) the period during which the property is used for a purpose for which the federal financial
assistance is extended, or for another purpose involving the provision of similar services or
benefits; or
(b) the period during which ADMINISTERING AGENCY retains ownership or possession of the
property.
9. That ADMINISTERING AGENCY shall provide for such methods of administration for the
program as are found by the U.S. Secretary of Transportation, or the official to whom he delegates . .
specific authority, to give reasonable guarantee that ADMINISTERING AGENCY, other recipients,
sub-grantees, applicants, sub-applicants, transferees, successors in interest, and other
participants of federal financial assistance under such program will comply with all requirements
imposed by, or pursuant to, the ACT, the REGULATIONS,this Assurance and the Agreement.
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 under the ACT, the
REGULATIONS, and this Assurance.
Page.20 of 26
11. ADMINISTERING AGENCY shall not discriminate on the basis of race, religion, age, disability,
color, national origin or sex in the award and performance of any STATE assisted contract or in
the administration on its DBE Program or the requirements of 49 CFR Part 26. ADMINISTERING •
AGENCY shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-
discrimination inthe award and administration of STATE assisted contracts. ADMINISTERING
AGENCY'S DBE Implementation Agreement is incorporated by reference in this AGREEMENT.
Implementation of this program is a legal obligation and failure to carry out its terms shall be
treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out
its approved DBE Implementation Agreement, STATE may impose sanctions as provided for
under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18
USC 1001 and/or the Program Fraud Civil Remedies Act of 1985 (31 USC 3801 et seq.)
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 by STATE, acting for the U.S.
Department of Transportation, and is binding on ADMINISTERING AGENCY, other.recipients,
subgrantees, applicants, sub-applicants, transferees, successors in interest and.other participants_
in the federal-aid Highway.Program. .
Page 21 'of 26
•
•
APPENDIX A TO EXHIBIT B
During the performance of this Agreement, ADMINISTERING AGENCY, for itself, its assignees
and successors in interest (hereinafter collectively referred to as ADMINISTERING AGENCY)
agrees as follows:
(1) Compliance with Regulations: ADMINISTERING AGENCY shall comply with the regulations
relative to nondiscrimination in federally assisted programs of the Department of Transportation,
Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time,
(hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and
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 race, color, sex, national origin,
religion, 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 employment practices when the agreement covers a program set forth in Appendix B of
the REGULATIONS.
(3) Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all
solicitations either by competitive bidding or negotiation made by ADMINISTERING AGENCY for
work to be performed under a Sub-agreement, including procurements of materials or leases of
equipment, each potential sub-applicant or supplier shall be notified by ADMINISTERING
AGENCY of the ADMINISTERING AGENCY's obligationsunder this Agreement and the
REGULATIONS relative to nondiscrimination on the grounds of race, color,,or national origin.
(4) Information and Reports: ADMINISTERING AGENCY shall provide all information and reports
required by the REGULATIONS, or directives issued pursuant thereto, and shall permit access to
ADMINISTERING AGENCY's books, records, accounts, other sources of information, and its
facilities as may be determined by STATE or FHWA to be pertinent to ascertain compliance with
such REGULATIONS or directives. Where any information required of ADMINISTERING
AGENCY is in the exclusive possession of another who fails or refuses to furnish this information,
ADMINISTERING AGENCY shall so certify to STATE or the FHWA as•appropriate, and shall set
forth what efforts ADMINISTERING AGENCY has made to obtain the information:
(5) Sanctions for Noncompliance: In the event of ADMINISTERING AGENCY's noncompliance
with the nondiscrimination provisions of this agreement, STATE shall impose such agreement
sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
(a) withholding of payments to ADMINISTERING AGENCY under the Agreement within a
reasonable period of time, not to exceed 90 days; and/or
(b) cancellation, termination or suspension of the Agreement, in whole or in part.
Page 22 of ,26
•
•(6) Incorporation of Provisions: ADMINISTERING AGENCY shall include the provisions of
paragraphs (1) through (6) in every sub-agreement, including procurements of materials and
leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto.
ADMINISTERING AGENCY shall take such action with respect to any sub-agreement or
procurement as STATE or FHWA may direct as a means of enforcing such provisions including
sanctions for noncompliance, provided, however, that, in the event ADMINISTERING AGENCY
becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of
such direction,. ADMINISTERING AGENCY may request STATE enter ;into such litigation to
protect the interests of STATE, and, in addition, ADMINISTERING AGENCY may request the
United States to enter into such litigation to protect the interests of the United States.
•
•
•
•
APPENDIX B TO EXHIBIT B
Page 23 of 26 .
•
The following clauses shall be included in any and all 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, and 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
Administration of federal-aid for Highways and the policies and procedures prescribed by the
Federal Highway Administration of the Department of Transportation and, also inaccordance with
andin compliance with the Regulations pertaining to and effectuating the provisions of Title VI of
the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. 2000d.to 2000d-4), does hereby remise,
release, quitclaim and convey unto the ADMINISTERING AGENCY all 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.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto ADMINISTERING AGENCY.and
its successors forever, subject, however, to the covenant, 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 federal financial assistance is extended or
for another purpose involving 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 of said lands and interests in
lands, does hereby covenant and agree as a covenant running with the land for itself, its
successors and assigns,
(1) that no:person shall on the grounds of race, color, sex, national origin, religion, age or
disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination with regard to any facility located wholly or in part on, over, or under such lands
hereby conveyed (;) (and) *
(2) that ADMINISTERING AGENCY shall use the lands and interests in lands so conveyed, in
compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations,
Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in
federally-assisted programs of the Department of Transportation - Effectuation of Title VI of the .
Civil Rights Act of 1964, and as said Regulationsmay be amended (;) and
(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-described land and facilities shall thereon revert to and vest in and become
the absolute property of the U.S. Department of Transportation and itsassigns.as such interest
existed prior to this deed.*
* Reverter clause and related language to be used only when it is determined that such a clause is
necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.
Page 24 of 26
APPENDIX C TO EXHIBIT B
The followingclauses 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 B.
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 .and 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.S.
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 of Federal Regulations, U.S. Department of Transportation,
Subtitle A, Office of Secretary, Part 21, Nondiscrimination in federally-assisted programs of the
• Department of Transportation - Effectuation of Title VI of the Civil Rights 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 shallhave the right 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 (license, lease, permit,
etc.) had never been made or issued.
(Include in deeds)*
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 shall thereupon revert to and vest in and become the absolute
property of ADMINISTERING AGENCY and its assigns.
* Reverter clause and related languageto be used only when it is determined that such a clause is
necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.
Page 25 of 26
APPENDIX D TO EXHIBIT B
The following shall be included in all deeds, licenses, leases, permits, or similar,agreements
entered into by the ADMINISTERING AGENCY, pursuant to the provisions of Assurance 7 (b) of
Exhibit B.
• The grantee (licensee, lessee, permittee, etc., as appropriate) for himself, his 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) no person on the ground of race, color, sex, national origin, religion, age or disability, shall be
excluded from participation in, denied the benefits of, 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 shall be excluded, from participation in, denied the benefits of, or otherwise be subjected
to discrimination,and
(3) that the (grantee, licensee, lessee, permittee, etc.,) shall 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, ADMINISTERING
AGENCY shall have the right 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 (license, lease, permit,
etc.) had never been made or issued. .
(Include in deeds)*'`
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 shall thereupon revert to and vest in and become the absolute.
property of ADMINISTERING AGENCY, and its assigns.
* Reverter clause and related language to be used only when it is determined that such a clause is
necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.
Page 26 of 26