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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. 0, 11 0 0♦ 6 w, -0 - 4 Z 0 . F. -I ffnM-A 0 a all F inj a i 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. KIM!! I I I 1 111 ! I � 1 11 0, MUM oTer .7171111 �iMM-GUT7777M 1 �T�-F M w 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. #11 1,. U1151 kh I I R 114*2111:3114 122 Wo"191 Q RNMAN-jilsi if 15 0 a I ggs It 1.31PIGIMM I M I iTzM111UW4W!FA= IF -41 8"1001 Q 5E191:4 M 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 0 low M M City of Rosemead Representative Name & Title (Authorized Governing Body Representative) WNWO.M. 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. ONEM91kh I W 0 11 11 0 0 . = - . . 0 a9 1 0 0 0 . (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, �,U 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.* I R 0IBM ;&11111PM1111W JIM fil KI ffiffl] a Wm•� 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. MMI��