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Home My WebLink About2001-028 1 2 3 4 5 6 7 RESOLUTION NO. 2001-28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OR HER DESIGNEE TO EXECUTE PROGRAM SUPPLEMENT AGREEMENT WITH THE STATE OF CALIFORNIA FOR SAN BERNARDINO SANTA FE DEPOT REHABILITATION, MT. VERNON AVENUE BRIDGE REPLACEMENT; AND FUND TRANSFER AGREEMENT FOR SEISMIC RETROFIT OF THE CITY OF SAN BERNARDINO'S FIVE-LEVEL PARKING STRUCTURE BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 8 9 10 is required to enter into agreements with the State relative to prosecution, administration, 11 WHEREAS, before Federal-aid will be made available for a specific project, the City special provisions and maintenance of Project facilities. 12 13 14 federal Aid requirements may be required. WHEREAS, before Federal-aid will be made available, other agreements related to WHEREAS, the City Council approves each project and allocated funding with the 15 16 Capital Improvement Program budget each year. 17 NOW, THEREFORE, BE IT RESOLVED that the Mayor or her designee be 18 authorized to execute three documents (attached and incorporated herein as Exhibits A, B, and 19 20 C) associated with the State of California for San Bernardino Santa Fe Depot rehabilitation 21 (Exhibit A), Mt. Vernon Avenue bridge replacement (Exhibit B); and Fund Transfer 22 Agreement (Exhibit C) for seismic retrofit of the City Of San Bernardino's five-level parking 23 structure. 24 25 III 26 III 27 28 2001-28 1 2 3 4 5 6 7 RESOLUTION...AUTHORIZING THE MAYOR OR HER DESIGNEE TO EXECUTE PROGRAM SUPPLEMENT AGREEMENT WITH THE STATE OF CALIFORNIA FOR SAN BERNARDINO SANTA FE DEPOT REHABILITATION, MT. VERNON A VENUE BRIDGE REPLACEMENT; AND FUND TRANSFER AGREEMENT FOR SEISMIC RETROFIT OF THE CITY OF SAN BERNARDINO'S FIVE-LEVEL PARKING STRUCTURE I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a joint regular meeting thereof, 8 held on the 5th day of February ,2001, by the following vote, to wit: 9 Council Members: 10 11 12 13 AYES NAYS ABSTAIN ABSENT ESTRADA x x LIEN x MC GlNNIS 14 SCHNETZ x 15 SUAREZ 16 17 18 x ANDERSON x MC CAMMACK x 19 20 21 22 23 24 25 Approved as to form and legal content: a<<-('J,~ h. ~ City 'clerk The foregoing resolution is hereby appro~ed this February , 2001. 8th day of , ./' I,p.o, "7'~'):':'~,->-- Susan Lien, Mayor Pro Tem City of San Bernardino 26 JAMES F. PENMAN, 27 City Attorney 28 By: (k/h'V~ t, fvn~yv>~ ///0 \ EXHIBIT A PROGRAM SUPPLEMENT NO. M004 to ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 08-5033 Da te :January 08, 2001 Location: 08-SBD-0-SBD Proj ec t Number: STPLE-5033(0 15) E.A. Number:08-410584 This Program Supplement is hereby incOlporated into the Agency-State Agreement for Federal Aid which was entered into between the Agency and the State on OS/20/97 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the Agency on (See copy attached). The Agency further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with the covenants or remarks setforth on the following pages. PROJECT LOCATION: In the City of San Bernardino at the Metrolink Station(Santa Fe Depot) TYPE OF WORK: Station Rehabilitation PROJECT CLASSIFICATION OR PHASE(S) OF WORK LENGTH: 0.1 (MILES) [X] Preliminary Engineering [X] Construction Engineering [ ] Right-Of-Way [X] Construction Estimated Cost Federal Funds Matching Funds 33B $254,081.00 LOCAL OTHER $1,549,470.00 Q22 $1,117,665.00 $177,724.00 $0.00 $0.00 CITY OF SAN BERNARDINO STATE OF CALIFORNIA Department of Transportation By By Chief, Office of Local Progr~s Project Implementation Date Attest Date Title Chapter Statutes Item are available for this encumbrance: I hereby certify upon my ,personal kn~edge that bUdget~d Accounting OffiC./y./J11 V: ~ $1,371,746.00 Fund Source AMOUNT 50 50 1999 1999 2660-10 1-890 2660-10 1-890 20.30.500.466 20.30.010.827 C C 262040 262042 892-F 892-F 1,300,000.00 71,746.00 Program Supplement08-S033-H004, ISTEA page 1 of 4 08-SBD-0-SBD 01108/200 I STPLE-5033(015) SPECIAL COVENANTS OR REMARKS 1. The Local Agency agrees the payment of Federal funds will be limited to the amounts approved by the Federal Highway Administration in the Federal-Aid Project Agreement (PR-2)/Detail Estimate, or its modification (PR-2A) or the FNM-76, and accepts any increases in Local Agency Funds as shown on the Finance or Bid Letter or its modification as prepared by the Office of Local Programs Project Implementation. 2. The Local Agency will advertise, award and administer this project in accordance with the current Local Assistance Procedures Manual. 3. This PROJECT is programmed to receive funding from the 1998 State Transportation Improvement Program (STIP), as amended. Funding may be provided under one or more components. A component(s) specific fund allocation is required, in addition to other requirements, before reimbursable work can occur for the component(s) identified. Each allocation will be assigned an effective date and identify the amount of funds allocated per component(s) . This PROGRAM SUPPLEMENT has been prepared to allow reimbursement of eligible PROJECT expenditures for the component(s) allocated. The start of reimbursable expenditures is restricted to the later of either 1) the effective date of the Master Agreement, 2)the effective date of the PROGRAM SUPPLEMENT, or 3)the effective date of the component specific allocation. 4. STATE and ADMINISTERING AGENCY agree that additional funds made available by future allocations will be encumbered on this PROJECT by use of a STATE approved Allocation Letter and Finance Letter. ADMINISTERING AGENCY agrees that STATE funds available for reimbursement will be limited to the amount allocated by the California Transportation Commission (CTC) and/or the STATE. 5. This PROJECT is subject to the timely use of funds provisions enacted by Senate Bill 45 (SB 45), approved in 1997, and subsequent CTC guidelines and State procedures approved by the CTC and STATE, as outlined below: Funds allocated for the environmental & permits, plan specifications & estimate, and right-of-way components are Progr~ Supplement08-S033-M004- ISTEA Page 2 of 4 08-SBD-0-SBD 01/08/200 I STPLE-5033(OI5) SPECIAL COVENANTS OR REMARKS available for expenditure until the end of the second fiscal year following the year in which the funds were allocated. Funds allocated for the construction component are subject to an award deadline and contract completion deadline. ADMINISTERING AGENCY agrees to award the contract within 12 months of the construction fund allocation and complete the construction or vehicle purchase contract within 36 months of award. 6. All maintenance, involving the physical condition and the operation of the improvements, referred to in Article III MAINTENANCE of the aforementioned Master Agreement will be the responsibility of the Local Agency and shall be performed at regular intervals or as required for efficient operation of the completed improvements. 7. Upon ADMINISTERING AGENCY request, the CTC and/or STATE may approve supplementary allocations, time extensions, and fund transfers between components. An approved time extension will revise the timely use of funds criteria, outlined above, for the component(s) and allocation(s) requested. Approved supplementary allocations, time extensions, and fund transfers between components, made after the execution of this PROGRAM SUPPLEMENT will be documented and considered subject to the terms and conditions thereof. Documentation for approved supplementary allocations, time extensions, and fund transfers between components, will be a STATE approved Allocation Letter, Fund Transfer Letter, Time Extension Letter, and Finance Letter, as appropriate. 8. This PROJECT will be administered in accordance with the CTC STIP guidelines, as adopted or amended, and the STATE Procedures for Administering Local Grant Projects in the State Transportation Improvement Program (STIP), the Local Assistance Program Guidelines, and the Local Assistance Procedures Manual. The submittal of invoices for project costs shall be in accordance with the above referenced publications and the following. 9. The ADMINISTERING AGENCY shall invoice STATE for environmental & permits, plans specifications & estimate, and right-of-way costs no later than 180 days after the end of last eligible fiscal year Program Supplement08-5033.M004- ISTEA page 3 of 4 08-SBD-O-SBD 01/08/2001 STPLE-5033(0 15) SPECIAL COVENANTS OR REMARKS of expenditure. For construction costs, the ADMINISTERING AGENCY has 180 days after project completion to make the final payment to the contractor and prepare the final Report of Expenditures and final invoice, and submit to STATE for verification and payment. 10.All funding obligations of STATE under the conditions of this PROGRAM SUPPLEMENT are subject to the appropriation of resources by the Legislature and the encumbrance of funds under this PROJECT. Funding and reimbursement are available only upon the passage of the State Budget Act containing these STATE funds. Program Supplement08wS033-M004- ISTEA Page 4 of 4 EXHIBIT B PROGRAM SUPPLEMENT NO. M002 to ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 08-5033 Da te :January 04, 2001 Loca tion: 08-SBD-0-SBD proj ec t Number: BRSTPLZ-5033(O 13) E.A. Number:08-924244 . This Program Supplement is hereby incorporated into the Agency-State Agreement for Federal Aid which was entered into between the Agency and the State on OS/20/97 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the Agency on (See copy attached). The Agency further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with the covenants or remarks setforth on the following pages. PROJECT LOCATION: IN THE CITY OF SAN BERNARDINO MT. VERNON AVE @ BNSF RAILROAD BRJDGE, BRO. NO. 54C-0066 TYPE OF WORK: BRJDGE REPLACEMENT/SEISMIC RETROFIT PROJECT CLASSIFICATION OR PHASE(S) OF WORK LENGTH: 0.1 (MILES) [X] Preliminary Engineering [ ] Construction Engineering [ ] Right-Of-Way [ ] Construction Estimated Cost Federal Funds Matching Funds BMD $35,412.00 LOCAL SEIS MATCH OTHER $44,266.00 $0.00 $8,854.00 $0.00 CITY OF SAN BERNARDINO STATE OF CALIFORNIA Department of Transportation By By Chief, Office of Local Programs Project Implementation Date Attest Date Title I hereby certify upon ~;nZl#~iat budgeted funds D:~e .vail7~ j) ~~ iunWrance, Chapter Item $44,266.00 Fund Source AMOUNT 52 52 2000 2000 2660-101-042 2660-10 1-890 20.30.0 I 0.690 20.30.010.690 C C 224060 224060 042-T 892-F 8,854.00 35,412.00 Program Supplement 08-S033-M002- ISTEA Page 1 of 2 08-SBD-0-SBD 01/04/200 I BRSTPLZ-5033(013) SPECIAL COVENANTS OR REMARKS 1. State Seismic funds will provide the match to Federal Funds, as well as Local Agency overhead costs, relating to seismic project development. 2. The Local Agency will advertise, award and administer this project in accordance with the current Local Assistance Procedures Manual. 3. The Local Agency agrees that payment of Federal funds will be limited to the amounts approved by the Federal Highway Administration in the Federal-Aid Project Authorization/Agreement or Amendment/Modification (E-76) and accepts any increases in Local Agency Funds as shown on the Finance or Bid letter or its modification as prepared by the Office of Local Programs Project Implementation. 4. This Program Supplement will be revised at a later date to include other phases of work. 5. All maintenance, involving the physical condition and the operation of the improvements, referred to in Article III MAINTENANCE of the aforementioned Master Agreement will be the responsibility of the Local Agency and shall be performed at regular intervals or as required for efficient operation of the completed improvements. 6. The ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act and OMB A-133, if it receives $300,000 or more in federal funds in a single fiscal year. The federal funds received under this project are a part of the Catalogue of Federal Domestic Assistance (CFDA) 20.205, Highway Planning and Research. OMB A-133 superceded OMB A-128 in 1996. Reference to OMB A-128 in Master Agreement (if any) is superceded by this covenant. 7. The Local Agency will reimburse the State for their share of costs for work requested to be performed by the State. 8. The Local Agency will be responsible for developing the structural and non-structural plans, specifications and estimates (PS&E) and will be responsible for preparation of the contract documents for advertisement, award and administration of this project. program Supplement08-S033-M002- ISTEA Page 2 of 2 EXHIBIT C Agreement No. 08A057I Page lof2 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FUND TRANSFER AGREEMENT (FTA) PURSUANT TO THE CALIFORNIA BUDGET ACT OF 2000 CHAPTER 52, ITEM 2660-101-0001 EFFECTIVE DATE OF THIS FTA: JULY 1, 2000 TERMINATION DATE OF AGREEMENT: JUNE 30, 2003 RECIPIENT: City of San Bernardino TITLE OF COMPLETE PROJECT: San Bernardino Seismic Retrofit DETAIL OF PROJECT FUNDS PURSUANT TO BUDGET ACT OF 2000: FUND SOURCE General Fund FISCAL YEAR 2000-01 EA T962GA AMOUNT $120,000.00 This FTA, entered into effective as of the date set forth above, is between the public entity identified above and hereinafter referred to as RECIPIENT and the STATE OF CALIFORNIA, acting by and through its Business, Transportation and Housing Agency, Department of Transportation, hereinafter referred to as STATE. SECTION I. STATE has prepared the "Standard Provisions of Grant," attached and made a part of this FT A, which, together with this document and all referenced attachments, sets forth the terms and conditions under which said funds are to be expended. SECTION 2. ST ATE and RECIPIENT have negotiated the "Project Description," which describes the entire Project or Project Phase to be constructed or acquired by RECIPIENT. Separate Project Phase descriptions, if applicable, will describe the tasks to be performed for each separate Project Phase. Subsequent Project Phase descriptions beyond the initial Project description, if any, will be added to this FT A by amendment. SECTION 3. STATE and RECIPIENT have negotiated and RECIPIENT has submitted the "Scope of Work" (Attachment II to the Standard Provisions of Grant) which sets forth the tasks (Scope of Work), sources of funding (Overall Project Funding Plan), estimated expenditure schedule (Project Financial Plan) and overall schedule (Project Development Schedule) for the Project or Project Phase. State funding limits established in each original or amended "Scope of Work" as part of the expenditure schedule for every Project Phase, initial or subsequent, shall not be exceeded or modified by RECIPIENT without a subsequent amendment and further encumbrance of ST ATE funds. Rev. 12//9/00 Agreement No. 08A0571 Page 2 of2 SECTION 4. Funding to be made available to RECIPIENT under this FT A will terminate on the Termination Date first specified above, unless earlier terminated upon written notice from STATE to RECIPIENT pursuant to Article II, Section 6, of the Standard Provisions of Grant or unless extended by an amendment to this FT A. SECTION 5. This FT A may be modified, altered or revised only with the joint written consent of RECIPIENT and STATE. SECTION 6. RECIPIENT shall not award a 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) through 4529.5) on the basis of a noncompetitive negotiation for work to be performed under this FT A without the prior written approval of STATE. Contracts awarded by RECIPIENT, if intended as match, must meet the requirements set forth in this Section 6 of the FTA and Section 3 of Article III of the Standard Provisions of Grant. SECTION 7. RECIPIENT shall conform to any and all environmental obligations established in CTC Resolution G-91-2 (Attachment IV to the Standard Provisions of Grant) at the expense of RECIPIENT and/or the responsible party and without further financial contribution or obligation of ST ATE. SECTION 8. RECIPIENT has executed this FT A pursuant to the authorizing RECIPIENT resolution (Attachment V to the Standard Provisions of Grant). SECTION 9. The grant administrators for the parties shall be for STATE, the District Division Chief for Planning for the District in which the Project is located, and for RECIPIENT, its General Manager, Executive Director or a Designee named in writing. IN WITNESS WHEREOF, the parties hereto have executed this FTA by their duly authorized officers. STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION CITY OF SAN BERNARDINO JUDITH V ALLES City Mayor BY ANNETTE GILBERTSON, Chief Office of State Transit Project Delivery BY DATE DATE APPROVED AS TO FORM AND PROCEDURE BY WILLIAM B. BASSETT, Attorney Department of Transportation State of California Rev, 12/19100 Agreement No. 08A057I Page I of7 PROVISIONS OF GRANT STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FUND TRANSFER AGREEMENT PURSUANT TO THE CALIFORNIA BUDGET ACT OF 2000 CHAPTER 52, ITEM 2660-101-0001 RECIPIENT has agreed to accept and conform to the applicable provisions contained herein, including all Attachments, as a condition of STATE making a grant to RECIPIENT from the described fund source. STATE will exercise the administrative rights, duties, and responsibilities described in these Provisions. ARTICLE I. PROJECT DESCRIPTION AND SCOPE OF WORK SECTION I. RECIPIENT agrees to complete the Project or the identified Project Phase(s) thereof, as described in the attached Project Description and Scope of Work for the identified Project or Project Phase(s). Reference hereinafter to the Project shall also mean the Project Phase(s) if appropriate. All work must be accomplished in accordance with the applicable provisions of the Public Utilities Code, the Streets and Highways Code, the Government Code and other relevant statutes and regulations. SECTION 2. RECIPIENT agrees that if State funds prove insufficient to complete the Project, the payment of any additional amounts required to complete the Project is the sole responsibility of RECIPIENT. RECIPIENT further agrees that it will secure and provide, without further State assistance under this Fund Transfer Agreement process, such additional resources as are necessary to pay these additional amounts and expeditiously complete the Project. SECTION 3. RECIPIENT acknowledges and agrees that RECIPIENT is the sole control and manager of the Project, and is responsible for the subsequent use of said Project for the benefit of the public. RECIPIENT shall be solely responsible for complying with the funding and use restrictions established by the statutes from which the funds for this FT A are derived, the State Treasurer, and the terms of this FTA. RECIPIENT shall indemnify, defend and hold harmless STATE and the California Transportation Commission (CTC) relative to any misuse by RECIPIENT of State funds, the Project property, Project-generated income, or the fiscal acts or omissions and negligence of RECIPIENT. ARTICLE II. PAYMENT SECTION I. STATE and RECIPIENT agree that RECIPIENT shall be responsible for assuring that all local matching funds required for the Project are contributed in accordance with a schedule of payments as shown in the Project Expenditure Plan prepared by RECIPIENT. Rev. /2//9/00 Agreement No. 08A0571 Page20f7 SECTION 2. Project-related travel and subsistence expense of RECIPIENT, its contractors and subcontractors, claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid State employees under then current State Department of Personnel Administration (DPA) rules. If the rates invoiced by RECIPIENT are in excess of DP A rates, then the RECIPIENT is responsible for the difference and any overpayments inadvertently paid by STATE shall be reimbursed to STATE on demand. SECTION 3. Not more frequently than once a month, but at least quarterly, RECIPIENT will prepare and submit to ST ATE (directed to the attention of the appropriate State District Transportation Representative) Progress Payment Vouchers for actual Project costs incurred and paid for by RECIPIENT consistent with the Scope of Work document. Advance reimbursements or payments by STATE are not allowed (RECIPIENT must not only have incurred expenditures, but must have also paid for them). Each voucher will report the total expenditures from all sources and will specify the percent of State reimbursement requested, the required local match, if any, and the fund source. A report describing overall work status and progress on Project tasks will accompany each voucher. If applicable, the first voucher shall also be accompanied by a report describing any tasks specified in the Scope of Work document which were accomplished prior to the Effective Date of this FT A. The method of payment authorized under this FTA is based upon reimbursement for actual allowable Project costs incurred and paid. SECTION 4. Reimbursement and local match credit will be made or allowed only for work performed after the Effective Date of this FTA and prior to the Termination Date. The Termination Date refers to the last date for RECIPIENT to incur valid costs or credits, for work performed under this FTA, and is the date the FTA expires. RECIPIENT shall submit the Project Close-Out Report and the final invoice within 180 days of Termination Date. It is the RECIPIENT's responsibility to assure that work is completed and all goods and services related to the completion of the Project are received by STATE prior to the Termination Date. SECTION 5. In the event grant funds are restricted, limited or otherwise conditioned by acts of the Legislature or another funding entity, STATE shall not be held liable for any resulting damage or penalty. SECTION 6. ST ATE reserves the right to terminate funding for this FT A upon written notice to RECIPIENT in the event that RECIPIENT fails to proceed with the Project work in accordance with the Scope of Work document, or otherwise violates the conditions of these Provisions or the funding authorization such that substantial performance is significantly endangered. If RECIPIENT fails to encumber State funds by June 30, 2001, this FTA will terminate effective that same date of June 30, 2001. No other termination shall become effective if, within 30 days after receipt of a Notice of Termination, RECIPIENT either cures the default involved or, if not reasonably susceptible of cure within said 30-day period, RECIPIENT proceeds thereafter to complete the cure in a manner and timeline acceptable to STATE. In the event of such termination, RECIPIENT shall be reimbursed its authorized costs up to STATE's share of allowable Project costs incurred prior to the date of termination, provided that all other Rev. /2/19/00 Agreement No. 08A0571 Page 3 of7 terms and conditions of this FTA have been met. Any such termination shall be accomplished by delivery to RECIPIENT of a Notice of Termination, which notice shall become effective not less than 30 days after receipt, specifying the reason for the termination, the extent to which funding of work under these provisions is terminated and the date upon which such termination becomes effective, if beyond 30 days after receipt. During the period before the effective termination date, RECIPIENT and STATE shall meet to attempt to resolve any dispute. SECTION 7. A Project Financial Plan showing cash flow expenditure is included as an attachment to this FT A. STATE need not pay RECIPIENT a cumulative reimbursement amount greater than the cumulative amount identified in the Project Financial Plan for any specific time period or any earlier than the dates authorized therein. SECTION 8. A Project Schedule, included as an attachment to this FT A, provides estimated completion date or dates for each of the Project Phases or items of work identified therein. RECIPIENT shall conform to those completion dates. ARTICLE III. REPORTS AND RECORDS SECTION I. RECIPIENT, its contractors and subcontractors shall establish and maintain an accounting system and records that properly accumulate and segregate incurred costs by line item for the Project. RECIPIENT's, its contractors' and all subcontractors' accounting systems shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. All accounting records and other supporting papers of RECIPIENT, its contractors and subcontractors connected with performance under this FTA shall be maintained for a minimum of three years from the date of final payment to RECIPIENT under these Provisions and shall be held open to inspection and audit by representatives of STATE, the California State Auditor and auditors of the Federal Government. Copies thereof must be furnished by RECIPIENT, its contractors and subcontractors upon request. In conducting an audit of the costs claimed under these Provisions, STATE will rely to the maximum extent possible on any prior audit of RECIPIENT performed pursuant to Federal and State laws. In the absence of such an audit, any acceptable audit work performed by RECIPIENT's external and internal auditors and/or Federal auditors will be relied upon and used by STATE when planning and conducting additional audits. SECTION 2. RECIPIENT agrees to comply with Office of Management and Budget Circular A-87, Cost Principles for State and Local Government and 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. RECIPIENT's contractors and subcontractors must agree in each applicable subcontract that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter I, Part 31, et seq., shall be used to determine the allowability of individual Project cost items. Rev, 12/19/00 Agreement No. 08A0571 Page 40f7 Any costs for which RECIPIENT has received payment that are determined by subsequent audit to be unallowable under Office of Management and Budget Circular A-87 or 49 CFR, Part 18 are subject to repayment by RECIPIENT to STATE. Should RECIPIENT fail to reimburse moneys due STATE within 30 days of demand, or within such other period as may be agreed between the parties hereto, STATE is authorized to withhold future payments due RECIPIENT from any source, including, but not limited to, the State Treasurer, the State Controller and the CTC RECIPIENT agrees to include this Project in the schedule of projects to be examined in their annual audit and in the schedule of projects to be examined under any single audit that is prepared in accordance with Office of Management and Budget Circular A-B3. SECTION 3. For the purpose of determining compliance with Title 21, California Code of Regulations, Section 2500, et seq., when applicable, and other matters connected with the performance of RECIPIENT's contracts with third parties pursuant to Government Code Section 8546.7, RECIPIENT, its contractors, subcontractors and STATE shall maintain 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 the various contracts. All of the above referenced parties shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment from STATE to RECIPIENT under these Provisions. ST ATE, the California State Auditor, or any duly authorized representative ofthe Federal Government shall have access to any books, records, and documents that are pertinent to this FT A or Project for audits, examinations, excerpts, and transactions and copies thereof shall be furnished by RECIPIENT, its contractors and subcontractors, if requested. SECTION 4. RECIPIENT will insert clauses to the effect of Sections 1,2 and 3 above of this Article III in all of its contracts funded by STATE under these Provisions. SECTION 5. Subject to the discretion of the STATE, RECIPIENT and STATE agree to conduct, on a quarterly basis, on-site reviews of all aspects ofthe progress of work performed under this FT A. The first quarterly review meeting shall take place within 90 days following execution ofthis FTA. RECIPIENT agrees, during each quarterly progress review, to inform STATE regarding (I) whether the Project is proceeding on schedule and within budget, (2) major accomplishments during the quarter, (3) any actual or anticipated problems which could lead to delays in schedule, increased costs or other difficulties, (4) the status of the Project budget and, (5) the status of critical elements of the Project. SECTION 6. Quarterly reviews of RECIPIENT progress will include consideration of whether activities are within the Scope of Work for this FT A and in compliance with State laws, regulations, administrative requirements, implementation of the Project under this FT A and other restrictions affecting this FT A. Rev. J 1119/00 Agreement No. 08A0571 Page 50f7 SECTION 7. If RECIPIENT and STATE determine, at any time during the performance of the work to be accomplished under this FT A, that the Project budget may be exceeded, RECIPIENT shall take the following steps: (I) Notify the designated STATE representative of the nature and projected extent of the overrun and, within a reasonable period thereafter, identify and quantify potential costs savings or other measures which will bring the budget into balance, (2) Schedule the projected overrun for discussion at the next Quarterly Review meeting, and (3) Identify the source of additional RECIPIENT funds which can be made available to complete the Project. ARTICLE IV. GENERAL PROVISIONS SECTION I. In the performance of work under these Provisions, RECIPIENT, its contractors and subcontractors shall not unlawfully discriminate, harass or allow harassment, against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, or family care leave. RECIPIENT, its contractors and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. RECIPIENT, its contractors and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12900 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 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 ofthe California Code of Regulations are incorporated into this FT A by reference and made a part hereof as ifset forth in full. Each of the RECIPIENT's contractors and subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreements. RECIPIENT shall include the non- discrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under this FT A. SECTION 2. RECIPIENT, its contractors and subcontractors will permit access to all records of employment, employment advertisements, application forms, and other pertinent data and records by the State Fair Employment Practices and Housing Commission, or any other agency of the State of California designated by ST ATE, for the purpose of investigation to ascertain compliance with Section I ofthis Article IV. SECTION 3. RECIPIENT agrees to insert, in appropriate contracts, clauses to the effect of Sections I and 2 of this Article IV and the California Labor Code requirements that all workers employed on public works projects (as defined in California Labor Code Section 1720- Rev. 12/19/00 Agreement No. 08A0571 Page 6 of7 1815) will be paid not less than the general prevailing wage rates predetermined by the Department of Industrial Relations. SECTION 4. Should Public Contract Code Sections 2000 or 10115 et seq. or Military and Veterans Code Sections 999 et seq., be applicable to RECIPIENT, RECIPIENT will meet, or make good faith efforts to meet, the following Disabled Veterans Business Enterprises goals or RECIPIENT's applicable goals in the award of every contract for work to be performed under these Provisions: Disabled Veterans Business Enterprises - 3% RECIPIENT shall have the sole duty and authority under this FT A to determine whether good faith efforts were sufficient as outlined in Public Contract Code Sections 2000 and 10115 et sea., and the Military and Veterans Code Section 999 et seq. SECTION 5. Neither STATE nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by RECIPIENT, its agents and contractors, under, or in connection with any work, authority, duty, or jurisdiction delegated to RECIPIENT under this FT A or as respects environmental clean up obligations or duties of RECIPIENT relative to the Project. It is also understood and agreed that, pursuant to Government Code Section 895.4, RECIPIENT shall fully indemnify and hold ST ATE harmless from any liability imposed for injury (as defined by Government Code Section 810.8) or environmental obligations or duties arising or created by reason of anything done or imposed by operation of law or assumed by, or omitted to be done by RECIPIENT under or in connection with any work, authority, or jurisdiction delegated to RECIPIENT under this FT A. RECIPIENT further agrees to make no demand, claim or request upon STATE for additional State funding to address the remediation of hazardous materials associated with the work performed under this FT A. SECTION 6. Upon request of STATE, RECIPIENT shall authorize state-funded bus services to use any station and its appurtenances within RECIPIENT's control or ownership without any charge to STATE or the bus operator. This permitted use will include the allocation of space and the placement of signs and informational material designed to alert the public to the availability of the state-funded bus service. For the purpose of this section, "state-funded bus service" means any bus service funded pursuant to Public Utilities Code, Section 99316. SECTION 7. Subject to the terms and provisions of this FTA, RECIPIENT shall be the owner of the Project property. RECIPIENT is obligated to continue operation and maintenance of said Project property dedicated to the specific described Project public transportation use unless the RECIPIENT ceases ownership of, or ceases to utilize said Project property for the intended public transportation purposes, in which case STATE must be provided a refund or credit by RECIPIENT as provided in Article IV, Section 8 below. Project vehicles shall be dedicated to public transportation use for their full economic life cycle, which, for the purpose of this FT A, will be determined in accordance with applicable Federal Transit Administration rules and guidance. Rev. /2/19/00 Agreement No. 08A0571 Page 7 of7 SECTION 8. In the event that RECIPIENT ceases to utilize Project property for public transportation purposes or sells or transfers title to or control over same, STATE, or any assignee public body acting on its behalf, shall be entitled to a refund or credit, at ST ATE's sole option. For vehicles, this refund shall be equiyalent to the proportion of the full economic life cycle remaining, multiplied by the State funds provided for their acquisition under this FT A. For real property, this credit shall be measured by the funding ratio of STATE to RECIPIENT funding participation applied to the then present fair market value ofthe Project property acquired under this FT A. SECTION 9. In determining the then present fair market value of the Project real property for purposes of calculating ST ATE's refund or credit under these Provisions, any portions of the Project site contributed by RECIPIENT shall not be included. In determining STATE's proportionate funding participation, ST ATE's contributions to parties other than RECIPIENT and contributions by third parties shall be included as a STATE contribution, if made a part of Project funding. SECTION 10. After the date the ST ATE receives the refund or credit as provided in Section 8 above, neither RECIPIENT and/or any person to whom RECIPIENT has transferred title or control, shall any longer have any obligation under this FT A to continue operation of the Project and/or dedicate said Project for public transportation purposes, but may then use the Project property for any lawful purpose. SECTION II. The FT A, these Provisions, the Project Description, the Scope of Work document, imd all included Attachments to this FT A as approved by STATE constitute the entire terms of this FT A between the parties for the work to be performed pursuant to this Project grant. SECTION 12. Disabled access review by the Department of General Services (Division of State Architect) is required for all publicly funded construction of buildings, structures, sidewalks, curbs and related facilities. No construction contract will be awarded by RECIPIENT unless RECIPIENT's plans and specifications for such facilities conform to 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 Administrative Code and The Americans with Disabilities Act (Federal Law). SECTION 13. The remedy for the resolution of any claims brought by RECIPIENT against STATE under this FTA shall be by arbitration. Unless otherwise agreed by STATE and RECIPIENT, the arbitration shall be conducted by a single arbitrator selected by the parties from the certified list created by the Public Works Contract Arbitration Committee per Public Contract Code Section 10240. SECTION 14. RECIPIENT shall comply fully with all applicable provisions of the California Environmental Quality Act (CEQA). Rev. 12/19/00 ATTACHMENT I ATTACHMENT II ATTACHMENT III ATTACHMENT IV ATTACHMENT V Rev. 12/19/00 Agreement No. 08A0571 ATTACHMENTS PROJECT DESCRIPTION SCOPE OF WORK CERTIFICATION OF FUNDS CTC RESOLUTION G-91-2 RECIPIENT RESOLUTION Agreement No. 08A0571 Attachment I SEISMIC RETROFIT OF THE CITY OF SAN BERNARDINO 5-LEVEL PARKING STRUCTURE PROJECT HISTORY The parking structure was built in 1970, and was designed based on the 1965 UBC. It is divided into north and south wings separated by expansion joints. The plan view of the overall-5-level parking structure is approximately 226 feet by 475 feet. Traffic circulation frorn level to level is facilitated by four exterior circular ramps at each end of the long sides of the structure. In addition, four staircases are provided at the east and west sides of the structure. There are several ramps at multiple levels to provide access to the streets and the adjacent buildings. There are approximately 1,560 parking spaces in the structure, which serve City Hall, as well as adjacent offices and the Radisson Hotel. PROJECT DESCRIPTION This project addresses the seismic retrofit of the 5-level parking structure, which is located south of City Hall at 300 N. "D" street in the City of San Bernardino. The work also includes all attached peripherals, ramps and bridges. The main objective of the project is to prepare plans, specifications and estimates to allow the City to advertise for construction of the seismic upgrade. Plans and specifications must conform to the requirements of the City of San Bernardino, American Concrete Institute (ACI), Uniform Building Code (UBC) and the Standard Specifications for Public Works Construction (green book) latest edition. The project consists of the following: 1. Review Local Seismicity 2. Geotechnical Study 3. Criteria Development 4. Review Previous Study 5. Review Existing Conditions 6. Testing (Optional) 7. Detailed Structural Review 8. 3-D Analysis 9. Selection of Retrofit Scheme 10. Construction Phasing Analysis II. Management and Coordination 12. Prepare Structure Drawings 13. Prepare Specifications 14. Prepare Cost Estimate 15. Plan Check Reviews 16. Bid Support Agreement No. 08A0571 Attachment II Sheet I of3 SCOPE OF WORK Fee Pro osal Seismic Retrofit of the City of San Bernardino 5-Level Parking Structure July 17, 2000 Phase I - Strateg)' and Schematic Design (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) Review Local Seismicity and Provide Site-specific Response Spectrum Geotechnical Study Criteria Development Review of Previous Studies Review of Existing Conditions Testing (Optional) Detailed Structural Review of Existing Structure 3-D Analysis of New Structural System Selection of Retrofit Scheme (Conceptual Drawings) Construction Phasing Analysis $8,000 $12,000 $10,000 $10,000 $5,000 $12,000 $45,000 $25,000 $20,000 $14,000 $161,000 Subtotal Phase 1\ - Final Design (11 a) (lIb) (11 c) (11 d) (11 e) (111) (l1g) (12) Meetings and Coordination (Project Management) 30% Structural Drawings 60% Structural Drawings 100% Structural Drawings Specifications Cost Estimate Plan Check Reviews Support During Bidding Process $8,000 $25,000 $25,000 $25,000 $6,000 $5,000 $5,000 $5,000 $104,000 Subtotal TOTAL $265,000 ($120,000 GF) Construction Phase Services: Dependent on the scope of retrofit and team's involvement during construction. To be negotiated at a later date. Agreement No. 08A0571 Attachments II Sheet 2 of3 OVERALL PROJECT FUNDING PLAN AND PROJECT FINANCIAL PLAN SEISMIC RETROFIT OF THE CITY OF SAN BERNARDINO 5-LEVEL PARKING STRUCTURE PS&E CURRENT FY 2000 FY 2001 FY 2001 FY 200 I FY 2001 PROJECT FUNDlNGS SOURCE REQUEST 4QTR I QTR 2QTR 3QTR 4QTR TOTAL STATE General Fund 120,000 120,000 120,000 LOCAL City of San Bernardino 145,000 70,000 75,000 145,000 SUBTOTAL 265,000 70,000 75,000 120,000 265,000 ,.... = M ....-- lOCO OCllC") ~E_ O-CCIl u CIl . III -C O-en Z4: - C CIl E CIl ~ Cl <( W ..J :J o W J: t) UJ l- t) W .., o ~ ll. Q) ..... :J - (,) :J ..... - (j) o ~ c~ "0 ..... ..... ro roc.. c Q5Q)O CO ii> 2 c ..J lJ ro ,0 (j)l{)N ..... ..... 0 0_ >,'<= ;'.: 0 (Job Q) lY .(,) E .CJ) Q) en . ll. t- ~ .. ~ .. J:l o - " o Z ::J . .., ~ "' ... N > . <( --=- I. :E ~ l- . ~ l- N l- e a: N f--- ~ ~ . f- ~t:Jt I... g ~ ~ ~ :E . N " g ~ " n N '6 III ~ W C IL . " w ".' ...: N ell . " CIl N ,: :: z ~ <( ~ .., ~ . N ~ . 0 ~ w c ~ . . N . > :: - 0 0 - z .:. , M .,' ~ ...:::. t- o I 0 ~ 0 M ~ Z 0 . i= . c ~ l1. . ~ '~ ~ 'u "" c ~ E ~ ~ . c 12 .. ~ 'u ~ 0 ~ ~ c . CO CO '> ~ ..\' ~ . .5 << (,) E c " '0 u 0 CO ~ C ~ (/) 0 CO go C ;; ~ CJ) .~ ~ ~ ijj 0: CO c '~ ~ ~ " E 0 c 0 .~ '~ w ~ u .. e '~ u ~ ::; 1i (/) ijj 0. 0 .. ~ E " ~ c .. 0 ~ CO C :; ~ " " c ., .. Q; 0 ,5 .Q 13 ~ '" c 0 .9 CO u '> ;; <l. ~ E E '> 1i ~ ~ .3 u > ~ ~ 2 0 c E 0 & 0: 'c ~ 'x ijj ';g, '0 c 0 2 0 ~ c ~ ~ '" 0 <l. W .Q ~ 13 ~ u c 1i 'E ~ u c 13 E 13 .9 X t: ., ~ " ,~ ~ ~ CO " .. .Q 2 2 2 1i ,~ u 0 0 '> <; .~ ~ " .5 ~ ..\' 2 ~ ijj ~ 0. 0 .. ~ '> '> '" 13 ;; CO ijj ijj ." ;; ~ 0. U > " ;; ~ ~ w u 0 0 0: U ~ & ;; 0 c c " .. '-' " Q; " " u (/) a 0: t- o M 0 ~ 0 " ;; c (/) U ::; 0 0 ;! 0. 0 ~ " ~ '" '" (/) u a: iii - N M .j .,.; <ci 0 ~ .0 U " ,; " <ri .,; '" ~ - - N - - - ..J <:: z o ~ <:: z ry '- :..J I- Z Z - .J ~ u z - rJl """ U - > ~ """ en Z v - en """ Q Q """ ~ ~ v """ Eo- Z - ~ ~ Agreement No. 08AOS71 Attachment III CERTIFICATION OF FUNDS FUND SOURCE: General Fund CTC APPROVED PERIOD OF A V AILABILITY: From July 1, 2000 to June 30,2003 SOURCE CHARGE EXP AUTH OBJECT AMOUNT ENCUMBRANCE NO. T962GA 7049 $120,000 DIST UNIT DIST UNIT 08 08 CHAPTER STATUTES ITEM FISCAL YEAR 52 2000 2660-10 I -000 I 00-01 I hereby certify upon my own personal knowledge that budgeted funds are available for this encumbrance: SIGNATURE OF..ACCOUNTING OFFICER DATE Agreement No. 08A0571. Attachment IV Sheet 1 Of 2 _n .~ C&L~M~" tlWllI'OatATIOM COMMUII CALIFORNIA TRANSPORTATION COKHISSION RESOLUTION G-91-2 Commi..ion Policy Reeolution tor Ha&ardou. Wa.te Identitication and Cleanup tor Rail Right-at-Way WHEREAS, the Commi.eion hae programmed tunding tor rail right-at-way acquieition in the 1990 State Tran.portaeion I.prove.ent Program and may allocaee tunde tor rail right-at-way acqui.ieion tram the Clean Air and Traneporeation Improvemene Act; and WHEREAS, hazardous wast.., ba..d upon taderal and atat. atatut.. and regulation., include but ~r. not limited to auch categori.. as h.avy meeal., (a.q., l.ad), inorganic (e.g., exce.eive mineral level.) and organic compounde (e.g., peeroleum product.), ~nd Can occur on .. property'. Burtac. and aubaurface; and WHEREAS, rail propereie. otten have ha&ardoue wa.ee. exceeding Staee ot Callfornia and federal ha&ardoue wa.te .eandard.; and WHEREAS, .uch propereie. contaminated with ha&ardou. waete. require mitigation prior to ueing them tor rail purpo.ee; and WHEREAS, ha&ardou. wa.te. diecovered on rail property .ay eigniticantly impace property value, project 8cheduling and future liability tor the grant applicant; and WHEREAS, the Commi.eion Duet be a.eured thae acquieition ot rail properties have been tully reviewed by the grant applicant, and it warranted, the grant applicant haa t..ted for ha:ardoua wast..; and WHEREAS, it hazardoua wast.. exise, the Commis.ion mu.e be assured that the hazardoua wastes identilied has either been cl.~n.d up, or financial re8ponsibility tor the cleanup has be.n determined prior to title transfer to the grane applicant, or eas.mene has been ..cured in lieu at purchasing the properey, and the subsurtace rights and liability tor hazardous wast.. remain with the property .ellerl and ~HERE^S, ha:ardc~;8 waste. identified subsequent :0 ti:~e tran8fe~ to t~e grant applicant *i11 ~e cleaned up by :~e aeller or a mechanism to recover cleanup COSts is established and executed a8 a condition prier to title transfer; and "HEREAS, !ull due di:~gence is necessary i~ discovering hazardous waste and ~s an essential elemene i~ acquiring rail :ight-ot-way properties by the grant a9plicant.; ana NOW THEREFORE BE IT RESO~VED. chae acqui.icion of all rail right-of-way properties wLll be fully investlgated by the grane applicant Co determine t~e acsence/pre8snce ot hazardous ~a8ce.. :nveatigacions shall be conducted in accordance to the atandarda and p~accices ot the local. state and/or federal ~aqulatory agencie8 having juri8dic~ion and by personnel adequacely trainee ~n ha~ardcu8 ~a8ce lnve.clgacion; and Agreement No. 08A0571 Attachment IV Sheet 2 of 2 -2- BE IT FURTHER RESOLVED, that all prapertie., di.cavered with hazardau. we.te. which e.ceed the tederal/.tate .tandard., will be cleaned up to the .ati.taction at the re.paneible local, .tate and/ar tederal regulacary agency. The appropriate regulatory agency .hail certity to grant applicant that the cleanup ha. been completedl and BE IT FURTHER RESOLVED, that the grant applicant will c.rtity by tarmal r..olutian to the Cammi..ion that all rea.onable .t.p. have been completed to a..ure tull due diligence in the di.covery at ha&ardou. wa.te ha. been achi.ved during the acqui.ition of rail right-ot-way and the .tate i. held harmle.. tram cleanup liab~~ity or damage., both pre.ent and future; and BE IT FURTHER RESOLVED, that the grant applicant will certify by formal re.olutian that it will not .eek further .tate funding, for cl.anup, damage., or liability ca.t a..ociated with ha&ardou. wa.te. on or below acquired property'. .urf~c.; And BE IT FURTHER RESOLVED, that the grant applicane will certify to the Commi..ian: a that all rail right-of-way acqui.itian praperei.. have been inve.tigated and have been found clean, o or that the cleanup of di.covered hazardou. wa.t. ha. been completed prior to acqui.itian of the property 1 o or that the grant applicant ha. obtained permanent ea.ement and the . subsurface right. and liability and full re.pan.ibility to pay far and remove .uch ha&ardou. wa.te remains with the sell.r in conformance with applicable State and Federal law, a or if hazardous wa.tes are known to e.i.t prior to acqui.itian'and if the ~pplicane dee.rmin.. ChAC tlme i. at the ....ne. tor Acquiaition, then and in that event, an entorc.able .9r..m.~t will be encarad into requiring the r..ponaible p.r~y(l..) to cl..n all hazardoua wa.t.. by . date c.r~.in, with the ope ion of funds sutficient for the clean-up cost. depo.ited in escrow by the .eller. In the event of failure to clean up by the date determined, the recipient of the grant will make full restitution to the Stat. tor its parcicipacian. This re.olve do..' not preclude the recipient frem reque.ting r.-allocation not to exceed the retunded &mOunt atter the hazardous wa8te{S) have been fully removed from the subject site; and aE :~ FURTHER RESOLVEP, chae :~e grant appllcane wi~~ cercify to ehe Commission chac the seller from whom propercies have been acquired recain liability for any hazardous waae. lnv8a~iqA~ion and/or cleanup, and damages discovered 8ubBequen~ :0 che transfer ot ticle; and 9E I~ FURTHER RESOLVED, the C:mmi.sion declare. all ~ueure liability resulting ~=om hazardou8 wastes remain wich the 8eller or the 9ran~ applic3n~, no~ che scace, and the qrane applicant haa been indemnified by the seller for any C08~B resulting from failure to eliminate hazardous wastes; and 3E I~ FURTHER RESOLVED, no Btace funds will be made available for any future ~OSt3 aS80ciated with cleanup, jamaqe., or liability C~.~8 a88oc~ated with hazardous wastes on or below :~e acquired property'. .ur~ac8. I ~ . Ll , RESOLUTION NO. 97-114 ::2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF MASTER AGREEMENT 20R FEDERAL-AID PROJECTS, BETWEEN SAID CITY, AS ADMINISTERING AGENCY, AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION; AND RESCINDING RESOLUTION NO. 13220. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION ONE: lhe Mayor of the City of San Bernardino 8 is hereby authorized to execu~e, in behalf of said City, Master I g 6greement, Administering Agency - State Agreement for Federal- 1()) Aid Projects between said City and the State of California, 11 acting by and through its Department of Transportation, 12 relating to prosecution of projects and maintena:1ce of 13 completed facilities, a copy of which is attached hereto marked 14 Exhibit "A" and incorporated herein by reference as fully as 15 though set forth at le:1gth herein. 16 SECTION TWO: 'fhe agTeement shall not take effect until 17 fully signed and executed by all parties. The City shall not be lB. :wl obligated hereund~r unlr2SS and until the agreement is fully exec\.4ted ar,d no oral agr(:'0lnr,rlt_ r.elating there-co shall be 20 implied or a~.~tli.o!:iz'7:d. 21 SEc'rrON 'rHnJ"::~: ;:h(~ ~u"'..:l;(,;:::'i~:at.ion to execute the above- I 22, !referen.::€.a :~'::;:ct:?0Ir.crd: ~ ,--; ;:l.:":',j~;j.n.d(~c: if 'the pe.:::ties ~o the 231Iag!:~e:!'ocn't. :'i,~.J ion €:;ccur/ : .,: ',;:..',:hin :1in",ty i9Ci da.ys of the 2,\ 11..passagE\ or this resolutio'1. 25 , SEC.EIGN FOUR-: Heso].lJ.tiol'l No. 13220 15 herebv 2'~ \...- :\C"'''-:' ".01":: 1): r- eo..>.... ...~1<:.l........ ",ni I I ; / ..biJ; I J " i ~ 28 i , .I ! ,I /.~-OC...~.7 Ii !: ,. ., Rl SO: AUTHORI ZING EXECUTION OF MASTER AGREEl1ENT - FEDERAL-AID PROJECTS. ~. I HEREBY CERTIFY that the foregoing resolution was duly :2 a.dopted by the Mayor and Common Council of the City of San at a joint regular meeting thereof, held on the , 31 Bernardino 4 5'UJ. , 1997, by the following vote, to-wit: day of May AYES NAYS ABSTAIN ABSENT 'j Council Members: 8 AIUAS 9 OBERHELMAN 10 DEVLIN 11 ANDERSON 12 MILLER 113 day of May 17 181\ 19\1 . I Approved as to form 20 and legal content: 21. J ame sF. Penma:'l Citv 221 . 23 i ,! 24\!BY I ~II 251! '1,7 ! I 281 I I I 13 II"EGRETE 7 . CURLIN J H' 15 16 ) x x x x x x x The foregoing resolution is ~L_L~'-/ Rac el Clark, City Clerk hereby approved this g./J , 1997. ~~~u~~ , Tom inor, Mayor Ci ty of San Bernardino - 2 - II 2; 3' 4 .' 51 , 'I ~ IS i. ii 71 8 Ii ! 9. I 10 I ' , nl 112! i l~l i 14 15 ' 16 17' I Hl :19 201 21 221 ,I 23,1 I 241: 25 251 I 2711 28 I I I I .I STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO ) ) ) SS I, RACHEL CLARK, City Clerk in and for the City of San Bernardino. DO HEREBY CERTIFY that the foregoing and attached copy of the San Bernardino City Resolution No. 17-//'1 is a full, true, and correct copy of that now on file in this office. IN WTINESS WHEREOF, I have hereunto set my hand :wd afflxed the official seal of the City of San Bernardino this!l-,K day of .~ . .19~7. , d~1-~ ~/J A cLP . rr: { &~;...../ (?J) Eileen Gomez, Deputy / CONFORMED COpy MASTER AGREEMENT ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS 08 District City of San BernuxdRLLo Administering AgenGY Agreement No. 08-5033 This AGREEMENT, made effective this 1.-'0 rt day of . C the City of San Bernardino, hereinafter referred to as "ADMINIST of California, acting by and through the California Department of Transpo referred to as "STATE." , 1997, is by and berweell . G AGENCY," and the State ation (Caltrans), hereinafter WITNESSETH: WHEREAS, the Congress of the United St:ltes has enacted the Intermodal Surface Transportation Efficiency Act of 1991 to fund programs which include, but are not limited to, the Surface Transportation Program (RSTP), the Congestion Mitigation and Air Quality Improvement Program (CMAQ), the Tr::nsportation Enhancement Activities Program (TEA). ,md the Bridge Replacement and Rehabilitatkn Program (HBRR) (collectively the "Program~"); and WHEREAS, the T~egisIaturc of the State of California has enacted legislation by which certain Fedel'31 funds (RSTP andCMAQ) may be made available for use on local tran~portation facilities of puhEc entitjes qualified to oct as ,'ecipients of these fedenJ fuads in accordance with the intent of Federal law; and WHEREAS, befc:e Federa!,aid will be made availal]le for a specific Program project, ADMINISTERING AGENCY and ST ATE x'e r~qu:red to enter into an agreement relative <0 prosecution of said project and maintenance of the comp1e:.~d facilit)'. NOW, THEREFORE, the parties agree as [(.!lows: A!lTJCLE I . PROJECT ADMINISTRATICN I. This AGREEtJfEI';T shall have DO force or effect with r,.spect to ailY Program pmjc'ct unkss a;,d untii a project-specific Pro~ram Supplement to this AGREEMENT fo)[ Federal-aid Prc;csts, haein"fter r~fe!'red to as "PROGRAM SUPPLEMENT," has b~en execut~d. 2. The tcnn "PROJECT," as usee! herein, means that authori~ed project tinar.ced in part with Fede!'a! f.lIlds as further descri1Jec! in an "Authorization to Proceed" document executed by STATE, ill th..; "~Jl)Ser.J!lent specific PROGRAM SUPPLEM,-SNT, and in a Federal-aid Project Agreement (PR-2) 3. 'The Fii.ia~ciu: cO.Tinutnlent of STATE ad:ninistered federal funds wiH oc~ur only U{Jl/Q ~hc c:,(:c~'~io~ of tl-,!S AG'?EEiy!ENT. and the execution of each project-specific PROGR.AM SUPPLE\1E>.T ::'l,(i .:.'! .:, -.~. 1 1 l/2~::/;'5 4. ADMINISTERING AGENCY further agrees, as a condition to payment of fllli!ds ()CJlig2ted r to a PROmer, to comply with all the agreed-upon Special Covenants or Remarks attached to !he \ PROGRAM SUPPLEMENT identifying and defming the nature of the specific PROJECf. 5. The PROGRAM SUPPLEMENT shall designate the party responsible for implementing the various phases of the PROmer, the Federal funds requested, and the matching funds to be provided by ADMINISTERING AGENCY and/or STATE. Adoption of the PROGRAM SUPPLEMENT by ADMINISTERING AGENCY and approval by STATE shall cause such PROGRAM SUPPLEM'EJ\1T to be executed and be a part of this AGREEMENT as though fully set forth herein. Unless otherwise expressly delegated in a resolution by the ADMINISTERING AGENCY's governing body, the PROGRAM SUPPLEMENT shall be approved and managed by the ADMINISTERING AGENCY's governing body. 6. ADMINISTERING AGENCY shall confonn to all State statutes, regulations and procedures (including those set forth L'l LPP 95-07, "Reengineering," and subsequent approved revisions . and Local Programs Manual updates, hereafter referred to as REENGINEERED PROCEDURES) relating to the Federal-aid Program, all Title 23 Federal requirements, and all applicable Federal laws, regulations, and policy and procedural or instructional memoranda, unless otherwise designated in the approved PROGRAM SUPPLEME~l. 7. If PROJECT involves work on the State highway system, it shall also be the subject of a separate standard form of encroachment permit and, where appropriate, a cooperative agreement hetween STATE ,md ADMINISTERING AGENCY to detennine how the PROmer is to be constructed. 8. If PROJECT is not on STATE-owned right of way, PROmer shall be constructed in acco:'d~ilce with REENGlNEERED PROCEDURES. The REENGINEERED PROCEDURES describe minimu:r: stat~wide design standards for local agency streets and roads. The REENGlNEERED PROCEDURES for projects off the National Highway System (NHS) allow the STATE to acce~t either' th~ min:..-nurn statewide design standards or ADMI1'.1STERING AGENCY-approved geometric d~sign sta:ld;;,,:'ds. Also, for proj.::cts off the NHS, STATE will accept ADMINISTERING AGENCY-an\LOl'ed sta.,darG sp"--::ifications, standard plans, and materials sampling and testing quality assurance programs that ::Jeer th~ cor.di,ion~, described in the REENGINEERED PROCEDURES. .~, ( ~- 9. Whet: PROJECT:3 lIot on the State highway system but includes work to be pelformed by a railroa.d, l'lc contract for sl1ch work sh3\J be prepared by ADMINISTERING AGENCY or by STATE, ?,s L'lc p:u1ies may !:er~after agree. In either event, ADMINISTERING AGENCY shall enter into IT! ~gi-eem~at .;~th tne r,lii'l~::d :';'(.,-,.i(~i;:.:; fx fll.= maintenance of protective devices or other facilities Uls;a!Jed L':loer tl:~ cO;';'~:~:. 1.G. J..DML:,:',TEf:I,";G N.'iEf,CY shall pro\ide or arrange for adequare supervision ;mo ir~spection of eac;; r:zenr:::T. J..s I:roviriel! ir. tile REENGINEERED PROCEDURES, work III..ay be p~rf~nne~ l;>Y.3 cOllsult.l'ws)..pro',';,ied :>. t\\lly qualified and licensed employee of ADMINISTERING AGl:NC) )$ In ~~SpOn5'il:~~ cnaIf'.'.:. ,t. The: (.o'1':r'~,:' of tl,t: 'iJllitcc S:,it';S, th,~ Le!.';slature of the State of California, and the C')VeffiOr vf the S:.aledC~liforlja. cad: within t.!1eir respective jurisdiction, have prescribed certain employrr.ent practices with respecllo work financcd with Fcderal or State funds. ADMINISTEFiJCNG AGENCY agrees to comply with the requirements of the FAIR EMPLOYMENT PRACTICES ADDENDUM (Exhib:t A attlched hereto) whcnever State funds fmance part of the PROmer, I'11d the ~ONDISCR.:.TM1N'ATION ASSURA.NCE~, (Exhibit B attached hereto). ADMINISTERING ACENCY im1~er agrees tta: any ;,rr~cm('nt emerec ir,:G by ADMTIflSTERING AGENCY witt; a third party for 2 1 J/29195 perlorrnance of work connected with the PROmCf shall incorporate Exhibits A (whenever State funds 1iir,w,';E; par< \If !he PROJECT) and Exhibit B (with third party's name replacing ADMINISTERING AGENCY) .,~ '9artS of such agreement. 10 No contract for the constrUction of a Federal-aid PROmCf shall be awarded until the nr~&a.cy ,ights of way have been secured. Prior to the advertising for constrUction of the PROmCf, ADMINISTERING AGENCY shall certify and, upon request, shall fumish STATE with evidence that net:essary rights of way are available for constrUction purposes or will be available by the time of award of the Gons\nlcti on con tract. ARTICLE IT . RIGHTS OF WAY J 2. ADMINISTERING AGENCY agrees to indemnify and hold STATE harmless from any liability which may result in the event the right of way for a PROJECT is not clear as certified. The furnishing of right of way as provided for herein includes, in addition to all real property required for the PROmeI', title free and clear of obstrUctions and encumbrances affecting PROmCf and the payment, as i~uired by applicable law, of damages to real property not actually taken but injuriously affected by !PROJECT. ADMINISTERING AGENCY shall pay, from its own nun-matching funds, any costs which arise out of delays to the construction of the PROJECf because utility facilities have not been removed or relocated, or because rights of way have not been made available to ADMINISTERING AGENCY for the orderly prosecution ofPROJECf work. 3. Subject to STATE approval and such supervision as is required in REENGINEERED PROCEDURES over ADMINISTERING AGENCY's right of way acquisition procedures, ADMINISTERING AGENCY may claim reimbursement from Federal funds for expenditureS to purchase only J1<CGessar)' rights of way include.d in PROmCT after crediting PROmCf with the fair market value of all)' excess property retained and not disposed of by ADMINISTERING AGENCY. 4. When !"".,a\ pf0perty rights are to be acquired by ADMINISTERING AGENCY for a p,1..0JECT, said ADMINISTERING AGENCY must carry out that acquisition in compliance with the fedenu Uniform Relocation Assistance and Real Property Acquisition policies Act of 1970. as amended. 5. Whet:'1er or not Federal-aid i~ to be requested for right of way, should ADMINISTERING AGENCY, in acqui..-ir.g right of way for PROJECT, displace an individual. family, business, farm . o\;eration, or :lon-profit organization, relocation payments and services will be provided as set forth in Chapter 5 of Title 23, U.S. Code. The public will be adequately informed of the relocation payments and services which will be available, and, to the greateS':extent practicable. no person lawfully occupying real property shall be required tu move from his/he. dwelling or 10 move hislher business or farm operation without at least 90-days written notice from ADMINISTERING AGENCY. ADMINISTERING /\GENCY will provide STATE with specific assurances, on each portion of the PROmCf, that no person w\U be displaced until comparable decent, safe and sanitarY replacement housing is available within ~ reasonable period of time prio~ to displacement, and that ADMINISTERING AGENCY's relocatiO:l ,program is realistic and adequate to provide orderly, timely and efficient relocation of displaced persons for t\1e PRomCf as provided in Fedc:al Highway Programs Manual (FHPM 7-5). 6. In all real property transactions acquired for the PROJECf, following recordation of the ,ked or such other recorded instrument evidencing title in the name of the ADMINISTERING AGENCY 0\ tteir assignee, there shall also be recorded ~ ~parate document which is an "Agreement Declaring Rf'slrictive Covenants." Said Agrr.ement Declaring Restrictiye Coyenants will incorporate the assurances lDeluded within Exhibits A !:nd B ar.c A?peildices A,:/3, C and D, as appropriate, when executed by ADlYI.D'ITSTERrnG AGENCY. ~ 11129195 3 , ~ &iRTICLE III _ MANAGEMENT AND MAINTENANCE OF PROPERTY 1.. ADMINISTERING AGENCY will maintain and operate the PROJEcr property acquired, develo\,;;d, rehabilitated, or restored 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 :;;.j(JC'>SSors in interest in the property may transfer this obligation and responsibility to maintain and opemi', property to another public entity. 2. Upon ADMINISTERING AGENCY acceptance of the completed Federal-aid construction con!:nv;( or upon contractor being relieved of the responsibility for maintaining and protecting a portion of the work, the agency having jurisdiction over the PROJECT shall maintain the completed work in a manner S<1tisfactory to the authorized representatives of STATE and the United States. If, within 90 days af!er mG€ipt of notice from STATE that a PROJEcr, or any portion thereof, under ADMINISTERING AGENCY's jurisdiction is not being properly maintained and ADMINISTERING AGENCY has not s,;J.!isfcv;l.oruy remedied the conditions complained of, the approval of future Federal-aid projects of ADMINISTERING AGENCY will be withheld until the PROJEcr shall have been put in a condition of ma5nWJlauce satisfactory to STATE and the Federal Highway Administration. The provisions of this section shall not apply to a PROJEcr which has been vacated through due process of law. 3. The maintenance referred to in paragraph 2, above, includes not only the physical condition ofl1\e '\'ROJECT but its operation as well. PROJEcr shall be maintained by an adequate and well-trained st1\f.f of ,,'lgineers and/or such other professionals and technicians as the project requires. Said XIl.i\\\\(()(li.Ulce staff may be employees of ADMINISTERING AGENCY, another unit of goyemment, or a COnC(;lc;wr under agreement with ADMINISTERING AGENCY. All maintenance will be performed at :eguJar Imcrva!s or as required for efficient operation of the complete PROJEcr improvements. , I- ARTICLE IV - FISCAL PROVISIONS 1. The PROjECT, or portions thereof, must be included in a Federally-approved Statewide T,al~srnrtation Improvement Program (FSTIP) prior to ADMINISTERING AGENCY submittal of the "Recluest for Authorization." ..:. State and Federal funds will not participate in PROJEcr work performed in advance of ?ppmyal of the ., Authorization to Proceed." The parties shall execute a PROGRAM SUPPLEMENT b<:'WiXOll STATE and ADMlNISTERING AGENCY subsequently incorporating the "Authori7Jl.uon to Proce~c:: ... . ". . :;. AD:tvITNISTERlNG AGENCY may submit invoices in arrears for reil~bUI"'..ement of partiG!p:lti."Ig PROJECf costs on a monthly or quarterly progress basis once the PROJEcr PROGRAM SUPPLEMENT hos been ex\"-cuted by STATE and the PR-2 has been executed by FHWA. The total of all amm;:wts c!o.imed. plus any required matching funds, must not exceed the actual total allowable costs rf all cOt!1plc1~ct .:':Th~illeerinz '.vork! right of '~ay acquisition, ~Jld construction. ." . bvoices shall be Submitted on ADML"l1STERING AGENCY letterhead ond shall incluclc this Af3R!'.EME1\"T numbe;:, Fe.:ieral-aid project number, and Progress billing number for the PF.OJE.cr, arid shall be in accordance with REENGINEERED PROCEDURES. 5. TIle estimated total cost of PROJEcr, the amo\lnts of Federal-aid programmed, and ttc mat..:.r..in~; :unounts agreed upon may be adjuste.d by mutual COll$ent of the pa:1ies hereto in a Fin:mce LeWorlDe\2il Estimate and a PR-2 document which are to be ccnsid(:red as part of this AGREEME~'T. Fe(i..::!'aJ...aid program amounts may be inc\'Casco to cr;ver PROJECT cost increases only if such funel!: m~ a\,aiI";)le a..'1G FI-IW A ccncurs wi!., that increase. \ !;. 11/29/95 Ifi. When additional federal-aid funds are not available, the ADMINISTERING AGENCY .-. "'" "" "",mo>' ,f"""" ""'''' will '" Jim''''' '" me =,M" ,ppro,red by me PR-2. ,<I" i1H}dific:c"lo" CPR-2A), and agrees that any increases in PROJECf costs must be defrayed with ADMINISTERING AGENCY funds. "I ADMINISTERING AGENCY shall use its own nonfederal-aid funds to fmance the local ""re of ,n~b1e '''" ..d ill """""",, rolol .,cligib1e f", fin""ing wi'" p""", fum" STATE """ make the determination of ADMll'USTERING AGENCY cost eligibility for Federal fund financing. 8. Any overpayment to ADMINISTERING AGENCY of amounts invoiced shall be returned to STAT[, by ADMll'USTERING AGENCY upon written demand. 9. Should ADMINISTERING AGENCY fail to refund all moneys due ST ATE as provided ",wnW'" .""", ADMINISTERING AGENCY _b "'" ^"~, by f>lling to ",,,,p1e~ " PROJECT. ,bon. .- 30 "y' ,f _..d. '" wi",,' ",b ,"", "riod" ""y '" """ '" in writing I between the parties hereto, STATE, acting through the State Controller, the State Treasurer, or any other pu,"' ,,_. ""y wi""',ld '" don=d . """'" ,f .. =,M' "l". '" me =m"" ,wod to STATE ""'" future apportionments, or any other funds due ADMll'USTERING AGENCY from the Highway Users Tax Fund or any other funds and/or may withhold approval of future ADMINISTERING AGENCY J;1"(\,,ral-~\d projects. ; ). Should ADMINISTERING AGENCY be declared to be in breach of this AGREEMENT or otherwise in default thereof by STATE. and if ADMll'USTERING AGENCY is constituted as ajoint pow'" ,.""ri'Y. ""'" """" ",..y ",bo< po,", 0>''1 m" &rectiy __ "'"" waugh me Sm~ Controller, STATE is authorized to obtain reimbcrsement from whatever sources of funding are available, i11':luding the withholding or transfer of funds, pursuant to Article IV - 9, from those constituent entities ) comprising a joint powers authority or by bringing of an action against ADMINISTERING AGENCY or j,lB com:ti~ent member entities, to recover all funds provided by ST ATE hereunder. 1. For the purpose of determiniI!g compliance with Public Contract Code Section 10115, et. Wl. .., T'Go ~ 1. C.nr,mi>. Codo of Regul"''''''' Ch",~, 2'. ",... 2500 " Wl.. wbon 'ppli"'l~ '" othc<' matters connected wi.th t.'le performance of the Agreement pursuant to Government Code Section 10532, ADMINISTERll;G AGENCY ::.nd any third party under contract with ADMINISTERING AGENCY shall retain all Origi;lal records to :he project fmanced with Federal funds and shall make records ~:vail"ble upon request by Federal and State representatives. Following fmal settlement of the project cos~ , wilh k'HW A the records/documents may be microfilmed by the ADMINISTERING AGENCY, but in any 'r: v,}nt .,;hall be retained for a period of three years from STATE payment of the final voucher, or a four-year ,,,'<>l from '" d"" of"" fin>! pay=", u"", "'" ,,""'" wbi,""" " 1""'. ADMINJSTERlNG AGENCY shall retain r('-cordS/docurnents longer if required in writing by ST ATE. 2. Per the Single Audit Act (If 1984, any ADMINISTERING AGENCY that receives :Ii 100,000.00 or more pc, fIscal year in Federal Financial Assistance shall have an audit performed by an independent at:dit fun, per tl1e Single Audit Act - (see OMB-A128, "Audits of State and Local (C!OVf,l1Ilffients"). ARTICLE V _ RETENTION OF RECORDS/AUDITS ARTICLE VI _ FEDERAL 'LOBBYING ACTIVITIES CERTIFICATION 1. By execu:ior, of tl1is AGREEMEl\'T, ADMlNISTERING AGENCY certifies, to the best of ,,) ~lJ.e si.gnatory officer's l:nc',vledglO al'ld belief, that: 11129/95 5 A. No STATE or Federal appropriated funds have been paid or will be paid, by or on behili' of ADMINISTERING AGENCY, to any person for influencing or attempting to influence an officer OK (;j)]ployee of any STATE or Federal agency, a Member of the State Legislature or United States Congw~5, M 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 e;,lf;nsion, continuation, renewal, amendment, or modification of any STATE or Federal contract, grnnt, )\Oa:il, 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 cOlulcction with this Agreement, grant, local, or cooperative contraCt, ADMINISTERING AGENCY shall comple,,, and submit Standard Form-LLL, "Disclosure Form to Rep Lobbying," in accordance with the form iTIs\mctions. C. nus certification is a material representation of fact upon wpich reliance was placed when lhis Agreement was made or entered into. Submission of this certification is a prerequisite for mll.kiug or entering into this Agreement imposed by Section 1352, Title 31, U.S. Code. Any party who fails to fUe the required certification shall be subject to a civil penalty of not less than $10,000 and not more t1lM $100,000 for each such failure. ?, ADMTh1STERING AGENCY also agrees by signing this document that the language of this certification will be induded in all lower tier sub-agreements which exceed $100,000 and that all such SUb-I1''ciph;nts shall certify and di~close accordingly. ARTICLE VII - MISCELLANEOUS PROVISIONS J, Neither STATE nor any officer or employee thereof shall be responsible for any damage or liability oc::nmng by reason of anything done, or omitted to be done, by ADMINISTERING AGENCY uo,kr, 0, j;: connection with, any work, authority or jurisdiction delegated to ADMINISTERING AGENCY under this AGREEMEt\-r. It is understood and agreed that, pursuant to Government Code Se.c;til)il895.~, ADl'.lI~lSTERING AGENCY shall fully defend, indemnify and save harmless STATE, its om;:;e~s, a.,d employees from all claims, suits or actions of every name; kind and description brought fo., or on arcount of, injury (as defined in Government Code Se~tion 810.8) occurring by rea~on of , anyLl:Iing dcr;~, 0T omincd ro L,<, done, by ADMINISTERING AGENCY under, or in connection with,any work, \JxtlJori~' crjurisdi::rion delegate:! to ADMINISTERING AGENCY Wider this Agreement. STAlE resci'Ves!h'; righl to represer.: it<;eif in any liti~ation in ""hich STATE's inrerests are at stake. " N~i!her ADMI1'\lS'.l'ER.l'NG AGENCY n::>r any offi<::er or employe',e thereof, shall be 1'C.."pO!l,ible fllr aBY dan:age; (;r li2.bility occlJrring by reason of anything done. or omitted to be done, by STf~ 'IE J,1i',t::er, oe. i:; Ci)lllle.c:iO:l. wi:h .~y wc.rk. authority. or jurisdiction delegated to STATE und;::r t.l1is AGREEjVr.:::,,-r. It;s al,o underSh)OC ::'Ii;:: agree:i that., ;lU:S\lant to Government Code Section 895.4. STATE shill fully in:krllI~ify :u:d h016 ADM:rNISTERI~G AGENCY harmless from any liability imposed fo~ ir,jUl'Y (as defined by Government Cod", Sectio:1 81O.l5) occurring by reason of anything done, or oiJC.ined to be cone, by STATE under, or in cClnnection v.ith, any work, authority, or jurisdiction delegated to STATE under this Agreement ADM!NJSTERlNG AGENCY reserves the right to represent itself in :my litigation in which ADMlNISTERlNG AGENCY's interesrs are at stake. 3, AD:'>!INlSTElliNG AGEl';'::: '{ w:o tilt' officers and employees of ADMINISTERTh"G AGENC'f', when engaged b the l"'Tfou::;:mG(; 0; tl~;" I\gre'-"'nent, shall act in an independent capacity a.od t '" X'-oC'j .,. 1 ,:1-P, or'I"O:'\~' ,t~\"","'~.J"':"":' I . no .as.)u_,c....rs.ejnp,o)......~; ~.-:-:.._...,..,c~_.. J~ ..... , ": 11/29/95 STAlE may terminate this AGREEMENT with ADMINISlERING AGENCY should , ADMQIT'\fAS1.'ERING AGENCY fail to perform the covenants herein contained at the time and in the manner herem ]pJ:'.,vided. In the event of such termination, STAlE may proceed with the PROJECf work in any marmef deemed proper by STAlE. If STAlE terminates this AGREEMENT with ADMINISlERING AGENCY , STAlE shall pay ADMINISlERING AGENCY the sum due ADMINISlERING AGENCY under tl1u\s AGREEMENT prior to termination, provided, however, that the cost of PROJECT completion to STATE shall fIrst be deducted from any sum due ADMlNISlERING AGENCY under this AGREEMENT, and the balance, if any, shall then be paid ADMINISlERING AGENCY upon demand. S. Without the written consent of STAlE, this AGREEMENT is not assignable by ADMINISTERING AGENCY either in whole or in part. 6. No alteration or variation of the terms of this AGREEMENT shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or Agreement not incorporated herein shall be binding on any of the parties hereto. 7. ADMINISlERING AGENCY warrants, by execution of this AGREEMENT, that no persOll or relling agency has been employed or retained to solicit or secure this AGREEMENT upon an agrf'-emet]z or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fIde established commercial or selling agencies maintained by ADMINISlERING AGENC''1( for the purpose of securing business. For breach or violation of this warranty, STAlE has t.'le rif):lt W Dllnul 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 sl1,;h commission, percentage, brokerage, or contingent fee. 8. In accordance with P\:blic Contract Code Section 10296, ADMINISlERING AGENCY hereby certifies under penalty of perjury that no more than one fInal unappealable fmding of contempt of court bya Federal court has beer. issued ag3.inst ADMll.rrSTERlNG AGENCY within the immediate preceding two-year period heclluse of ADMINiSTERING AGENCY's failure to comply with an order of a Federal court that order~ ADM1N1STERING AGENCY to comply with an order of the National Labor Rela,ions Bo",d. 9. ADMINISTERmG AGENCY shill ciisclose any fmancial, business, or other relationship with ::iT A1E or the FH\\' A that may have l:Il :mpa::t upon the outcome of this AGREEMENT. ADMfri::IS'TERlNG AGENCY shall also list current contractors who may have a fmancial interest in the outcome of this AGREE~1ENT. 10. ADMINISmp.lNG AGENCY hereby certifies that it does not now hive nor shall it acquire any fInancial or husiness irl~res: tha; wl'U:d conflict with the performance of PROJECT under this AGREEMENT. II. ADMINISTfFJNG A.GENCY Wa!T;LlS that this AGREEMENT was not obtained or . .secured through rebalCs, kic:~backs or othl'r unhwfd consideration either promised or paid to any STAlE employ~. For breach or violation of this warrlll1ty, STAlE shall have the right, in its discretion, to terminale lIDS AGREEMENT without liability, to pay orJy for the work actually performed, or to deduct from the ;PROGR/\~.1 SuPPLEMENT pr.cc or otherwise recover the full a:nount of such rebate, kickback,. or other unlawful consideratb:1. 12. This Agreem~llt is subje.::t to any additional restrictions, limitations, conditions, or any statuie ena,cted by the State Legislan:rc that m",y affc.::t the provisions, terms, or funding of this AGP.EEMENT in any mannt"r. \ .J 7 11129/95 \, 'on' AP..,m "'" my PRoGRAM SUPpL!;MENW) ",,,,,",, un'" m" AGREEIVIENT shall terminate upon 60 days' prior written notice by ST ATE. " .",h "",,'" PRoGRAM SuppLEMENT ",u ",,,,,,ly ",,,ti<h '" ",on md fun""" Un'" ro' "eel "='''''' PROJECf fund'" u""" ,hi' Pod"",-.d ..n.- Nn Sf ATE '" fHW A fu"'" art' obligater\ ?gainst this AGREEMENT. ARTICLE VIlI . TERMINATION OF AGREEMENT IN Wfl'NESS WHEREOP. '" portio, h'" ='''' "'" AGREEMENT by "," duly mmnri=! officers. CITY OF SAN BERNARDINO S1' !\TE Of' CALIFORNIA DEP1\RWl\cmCF1RANSl'CRTATIcN D if, J ate Vl#"' n I -" ; I v--o. j '11 7 t ~~// ' By I ~/J fl/(j'A1-/fY'-. / To~ Minor, Mayor ADMINISTERING AGENCY Representative Name & Title (Authorized Govenung Body Rcpre.sentative) Date lJ/io-;r ~I ;q TI--- -- ------ )~hief:-~~'Ca rogramS Project hnplcmentation . ATTEST: __C?- ~hL- C):....L~ ~ Clark, (ity Clerk " ~'veo...,.,r- ,+-,", ~.......-..... npp.....~ ... l..<:'''~ ...~ .....-'.......~ and. }~,,~ga.!.; Cc.n-c.'::~'lt ~ ,Ja:ne!=: F. '2(~:""n.c.:~~ C.t "t.~'''- ., ).. y !10 \,.t~....n(-":l JllJ('>:r /1,1../ ,-' ,,1/. (,I \) 13<1 ;;:::7.' \. ./^ ,~- _ "- _._._._~.t----"" _._-fi1- Ut/ , I \ \ .J 11129/95 " u EXHIBIT A FAIR EMPLOYMENT PRACTICES ADDENDUM 1. In the perfonnance of this Agreement, ADMINlSTERING AGENCY will not discriminate ngainst MY employee for employment because of race, color, sex, religion, ancestry or national origin. AlJMJP1lf; TERING AGENCY will take affirmative action to ensure that employeeS are treated during employment, without regard to their race, sex, actual or perceived sexual orientation, color, religion, anCf'''siicy. or national origin. Such action shall include, but not be limited to, the following: employment, 'lpgmdillg, {\emotion or transfer; recruitment or recruitment advertising; layoff or tennination; rates of pay Dr other fonus of compensation; and selection for training, including apprenticeship. ADMINlSTERING AGENCY sh~ll 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. ADMINlSTERlNG AGENCY will pennit access to the records of employment, employment advertisements, application fonns, 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 ST An. for the purposes of investigation to ascertain compliance with the Fair Employment section of this Ag!t,emeJ\L ) ) '3 . Remedies for Willful Violation: (a) ST ATE may detenni.lle a v,iillful violation of the Fair Employment provision to have occurred upon receipt of a [mal judgment to that effect from a court in an action to which ADMINISTERING AGENCY was a pa.-ty. or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and detennined that ADMINISTERING AGENCY has violated the Fair Employ- ment Practices Act and had i5sued an order under Labor Code Section 1426 which has become final or has obtained an injunction under Labor Code Section 1429. For willful violation of this Fair Employment Provision, ST ATE shall have the right to tenninate this Agreement either in whole or in part. and any loss or dmnage sustained by ST ATE in securing the goods or services thereunder shall be bome and paid for by ADMINISTERING AGENCY and by the surety under the perfonnance bond, if any, and STATE may deduct from any moneys due or thereafter may become due to ADMlNISTERING AGENCY. the difference bet".veen the price named in the Agreement'and the actual cost thereof to STATE to cure ADMINISTERING AGENCY's breach of this Agreement. (b) 1 J.f'2SI<J5 9 EXHIBIT B NONDlSCRIMINA TION ASSURANCES i\..n~1INISlERING AGENCY HEREBY AGREES THAT, as a condition to receiving any Federal flmTI.ch,1 ;v'~,Jstance from the STAlE, acting for the U.S. Department of Transportation, it will comply wIti] 'In of the Ciyil Rights Act of 1964, 78 Stat 252, 42 U.S.C. 2000d-42 U.S.C. 2000d-4 (he,.~iH~ner referred to as the ACI), and all requirements imposed by or pursuant to Title 49, Code of Feo{;j'l',l jg,eguIations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, "Nondi~<,.'"ri111ination in Federally-Assisted Programs of the Department of Transportation - Effectuation of Title 'II ofilie Civil Rights Act of 1964" (Iiereinafter referred to as the REGULATIONS), the Federal-aid Higp:way Act of 1973, and other pertinent directives, to the end that in accordance with the ACT, ,RJEGUL-'\TIONS, and other pertinent directives, no person in the United States shall, on the grounds of race, tXllor, sex, national origin, religion, age or disability, be excluded from participation in, be denied the benefll:S nf, or be otherwise subjected to discrimination under any program or activity for which ADMIl\lISTERING AGENCY receives Federal financial assistance from the Federal Department of Transportation, ADMINISlERING AGENCY HEREBY GIVES ASSURANCE THAT ADMINISTERING AGENCY will promptly take any measures necessary to effectuate this agreement. This nssmance is required by subsection 21.7(a) (1) of the REGULATIONS. More sp"...cifically, and without limiting tl]e above general assurance, ADMINISlERING AGENCY he.reby gives tr.e following specific assurances with respt"-ct to it, Federal-aid Program: 1. That ADMINISTERING AGENCY agrees that each "program" and each "f;,c'Jity" as detined iT; subsections 21.23 (e) and 21.23 (b) of the REGULA110NS, will be (with regard to a "rrogram") conducted. or \':ili be (wi.lh regard to a "facility") operated in compliance with all requirements imposed by, or pursuant to, the REGULATIONS. '2. 'nlat ADMlNISTERll-l'G AGENCY shall insert the following notification in all solicitations fllr bids for work or material subject to me REGULATIONS made in connection with the Federal-aid Prognm, iVld, iI; adapted form. in all proposals for negotiated agreements: ADMI.N1STERING AGENCY hereby notifies all bidders that it will affirmatively in~ure that in any agrecmellt eniel'ed into pursu:;.nt to this advertisement, minority business er.tcrpriie5 ,v'Jl i.Je ~fforde~ fdl opp:munity to submit bids in response to this invit~::ion arid win riot r~. dls::rhninated agcirtSt on the grounds of race, color, sex. national orifir., digion, age. 0:' dis:;bility in co!"_~ideration for an award. :;. TIlat ADMl'N1STEP.lNG AGE?\CY shall inseTl tc,e clauses of Appendix A of this f!-,$l~!'aIKt~ in every agn~~:'1ier.~ sntj(;:;~ i') the ~';'Ci' 2.~.)ft th:", REG:;LATIONS. 4. Tbt the; ::laus.::~ ,;fl-_iJ[,cndix B of~k; A:;wral1~t: shall be included as a covenant nmnir.g ;vitlJ Lee bnd, in any deed ,effeclin~ il trrJ'sfcr of It~ p~0p,-"r,y, ~tru(::t'.es, or improvements thereon, or intel'est lherein. 5. That \',ne.re ADMINISTERING AGENCY l~e;Ves Federal financial assistance to construct a facililY, (1,' part of a fadiii:,. tjJ~'/;.s\.:!'i!J~,x;~!;"l: .;xt~r.d 1 c.. th: t:mj!~ filcility and facilities operated in cor:necti~):H (her.e-.vith. ) ". " 11/29/95 That where ADMINISTERING AGENCY receives Federal fmancial assistance in the form, Of fOf Ihe acquisition, of real property or an interest in real property, the Assurance shall extend to Irigl1\iS 1:0 sp!lce on, over, or under such property. 7" . That ADMINIS1ERING AGENCY shall include the appropriate clauses set forth in AppendiJt 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 ADMINIS1ERING AGENCY with other parties: (b) for the constrUction or use of or access to space on, over, or under real property acquird, or improved under the Federal-aid Program. t. That this assurance obligates ADMINIS1ERING AGENCY for the period during which Federnl fInancial assistance is extended to the progr'dJIl, except where the Federal fmancial assistance is to provick, or is in the form of, personal property or real property of interest therein, or structures. or U.ilpW'!l;;\ilf,nts thereon, in which c~.se the assurance obligates ADMINIS1ERING AGENCY or any transferee for the longer of the following periods: Appendix C; (a) for the subsequent transfer of real property acquired or improved under the Federal- aid Program; and Appendix D; (a) the period d~ring which the property is used for a purpose for which the Federal financial assisumce i3 extended, or for anvther purpose involving the provision of sil'uilar services or benefits; or J 9. That ADMJNISTERING AGENCY shall provide for such methods of administration for !he progrIDl as are found by the U.S. Se<;retary of Transportation, or the official to whom he delegates specific auth;:>rity, to give reasonable guarantee that ADMINISTERING AGENCY. other recipients. sub- gra.'1tee.s, applicants, sub-applicants. tr:L'lsferees, successors L'l interest, and other participants of Federal fmancial assistance under such program will comply with all requirements imposed by, or pursuant to. the AC"'!', the REGULATIONS. this Assurance and the Agreement. . 1 O. That ADMINISTERING AGENCY agf"...e.~ that the United States and the State of California have a right to seek judicial enforcement wit.'1 regard to any matter arising under the Acr, the 1\'tl".GtT'wATIONS. an:! this Assurance. (b) tile p~riod during which ADMINISTERING AGENCY retains ownership or possession of the property. THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Fooeral grnnts; bans, agreements, property, discoullts or other Federal fmancial assistance extended after tile date hereof to ADMINISTERING AGENCY by STATE, acting for the U.S. Department of . TfMsportation, and is binding on ADMINISTERING AGENCY. other recipients, sub grantees. applicanTS, ~.ub-applicanlS, transferees, successors in interest and other participants in the Federal-aid Highway Program. ) 11/2'3/95 11 APPENDIX A TO EXHmIT B During the performance of this Agreement, ADMINISTERING AGENCY, for itself, its assignees and succcssors in interest (hereinafter collectively referred to as ADMINISTERING AGENCY) agrees as follows: (1) Compliance with Re~lations: ADMINISTERING AGENCY shall comply with the regnllltiolls relative to nondiscrimination in Federally assisted programs of the Department of Tmnspo:rtation, 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 II part of this agreement (2) Nondiscrimination: ADMINISTERING AGENCY, with regard to the work performed by it dndng 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 m111",ul\ls md leases of equipment: ADMINISTERING AGENCY shall not participate either directly or i!1dh~tly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment prac,ices ';I'hen the agreement covers a program set forth in Appendix B of the REGULATIONS. (3) Solicitations for Sub-al!reemenK Includinl! 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, ead '. p()(entiaI sub-applicant or supplier shall be notified by ADMINISTERING AGENCY of the ADlvlmlSTERING AGENCY's obligations under this Agreement and the REGULATIONS relative to nondtscrimination on the grounds of race, color, (,r national origin. (4) I'Ifornlation and Reports: ADMINISTERING AGENCY shall provide all information and i'.':ports required by the REGULATIONS, or directives issued pursuant thereto, and shall permit access to ADMINIS7ERll'lG AGENCY's books, records, accounts, other sources of information, and its facilities as may be detelmined by STATE or FHW A to be pertinent to ascer-.ain compliance with such REGlTLATIONS or directives. Where any information required of ADMINISTERING AGENCY is in Dle exd(\~ive possession of another who fails or refuses to furnish this information, ADMINISTERll~G AGEI'>1'C'r' shall so certify to STATE or the FHW A as appropriate, and shall set forth what efforts ADlYr~!',"1STERlNG AGENCY has made to obtain the information. (5) l'a~ctions for Noncompliance: In the event of ADMINISTERING AGENCY's P.0~lCOc:;pl.\:,""'1':e with the nondiscrimination provisions of this agreement, STATE shall impose such agre:>meni: $;"~lctior" as it ()~ the FaW A may determine to be appropriate, including, but not limited to: . (~) wlt.'1ho~ding ofpaymen~~ to ADMINISTERING AGENCY under the Ag:ee:nent until ADMIN!STERING AGENCY complies; and/or (b', \cancclla6ci1., ,,,nn;nation or suspension ()f the Agreement, in whole or in fl:.r~ (,j:- i~~~~":>ili\,i~U,f FrovisiQ!1":;: ADMINlSTERING AGENCY shall include the pmvisions ot" par:,g\'~l',l;r, {Ij through (6) iI~ every sub-agreement, including procurements of materials and lr.ases af eq"iplne,l(, unless t'xempt by the REGULATIONS, or directives issued pursuant thereto. ADMJ]{[S1ERING AGENCY shall take such action with respect to any sub-agreement or procurement as STATE or FHW j; may dil(;ct as a me:ms of enforcing such provisious including sanctions for nor.Gomplb;ce, pn::v:c:r;:c. howe"er, that, ir. the ev__~n: ADMINISTERING AGENCY becomes involved ir" (J:' to' ,,'uea<enec wiih. litigation with a suh-applic:llJt o!' supplier as a result of such direction, .L.DlvlJNISTERlNG AG:.7i'~CY may reqll;::;t STATE enter intc sUcf.litigation to prowct the interests of STNG'.;~:J:::, il. additicr.. !,l):viNI~TSRJNG /..GENey may request the United States to en:er into such ) litif::z;'>';} ~:C) FE:C'*.,;'!. the ::'i(.;--";[:(; c; t::~ U::drcd Sta:,....'." ~ .., I.l 11.'29/95 APPENDIX B TO EXffiBIT B 'j[11e fullowing clauses shall be included in any and all deeds effecting or recording the transfer of PROJECT !1'Al1 property, structures or improvements thereon, or interest therein from the United States. (GRANTING CLAUSE) NOW, 1HEREFORE, the U.S. Department of Transportation, as authorized by law, and upon the conditiolJ. that ADMINISTERING AGENCY will accept title to the lands and maintain the project constrUCIi';,d thereon, in accordance with Title 23, United States Code, the Regulations for the Ad.-ninirm\tion 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 with and in ""Jmpllance 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 ;,e,ein ,cmtained as follows, which will remain in effect for the period during which the real property or stWG\lJl'eS are used for a purpose for which Federal fmancial assistance is extended or for another purpose involviug the provision of similar services or benefits and shall be binding on ADMINISTERING p,.flEN.C~/ ~ .~t$ sn:;ccSSO~:S ~d a!jsigns. ) ADJ\lINISTI~RING AGENCY, in consideration of the conveyance of said lands and inte=ts in la.'1ds. does hereby CO"Jell?Jit :'J1d agree as a covenant running with the land for itself, its successors and asSigl1$. (1) (2) that no perso::i shall on the grounds of race, color, seX, national origin, religion, age or disability, be exclude::! from participation in, be denied the benefits of, or be otherwise subjected to dis.:rimination with regard to any facility located wholly or in part on, over, or under such lands her?by conveyed (;) (and) * 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 ofirans?ortation, Subtitle A, Office of the Secretary, Part 21, . Non-discrimination in Federally-assisted programs of the Department of Transportation - Effecmalion of Titk VI of th~ Civil Rights Act of 1964, and as said Regulations may be ame!ldec\ (;) 3;1C (3) that ir. lr.e c \ien~ of breach of a.'lV of t.11e above-mentioned nondiscrimination conditions, the U.S. Department of TransportaUo:l shall have a right to re-enter said hinds and facilities on said land. and the above-described land and facilities shall thereon reyert to and vest in and lx'.come the absolute pro;>erty of the U.S. Depa!tment of Transportation and its assigns as sllch interest existed prior to this deed. * . ~~~.........~- !< lRe'if.:Jt.ef di!U5e and related language to be used only when it is determined that such a clause is ) He; "'3"''''J ir. cnier to e~iectuatc the pl'rposes of Titie VI of the Civil Rights Act of 1964. 1~ .,) 11/'}';;,~5 APPENDIX C TO EXHIBIT B The following clauses shall be included in any and all deeds, licenses, leases, permits, or similar instromel\i\1S entered into by ADMINISTERING AGENCY, pursuant to the provisions of Assurance 7(a) of Elili.ibit B. The grantee (licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal repre.,~K!t"tives, successors in interest, and assigns, as a part of the consideration hereof, does hereby COW'lJ\J.U1 rnd agree (in the case of deeds and leases add "as covenant rwming with the land") that in the eV"':il~ flllCilities are constructed, maintained, or otherwise operated on the said property described in this (dood, licl'li1se, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation program or acti'!;~y is extended or for another purpose involving the provision of similar services or benefits, the (grallli';l:, 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. DeplU1II1ent of Transportation, Subtitle A, Office of Secretary, Part 21, Nondiscrimination in Federnlly~,assisted programs of the Departmellt of Transportation - Effectuation of Title VI of the Civil Right) AGe 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 coyenants, ADMINISTERING AGENCY shall have the right to terminate the (license, lease, permit etc.) and to re-enter and repossess sait11iMld ,Uld the facilities thereon, a.'1d hold the sarne as if said (license, lease, permit, etc.) had never ~n made Dr :issued. (include in deeds)" Th:u in the event of breach of a;;y of th:~ ~.L'o\'e nondisc:;-ir:lination covenants, ADMINISTERING AGENCY shall have. the ri,?-ht to re-e:!:e: saie J:;.n~ and fz.cilitie:; tr.<.reon, and t.'le above-described lands and facilities shall thereupon re\'ert to ;llld vest in z.l1d tlt'.corr:e L1:e absolut:: property of ADMINISTERING AGENCY and its assigns. ;,' Reve.r!:.:.r clause &nd relLlu~-d lffi:t"x.afr~: (~: i.::: \I~.,f'ci ~)"'.i" ';..;L~::: ii is d:~~iermir:ed that stich a clause i~ ..-/ ---' ntx:~s$::C)' ;n or-de: to effe:'~ll?t~'. t!1:'.~ pi'!"i'f"I!,'.<. r:: i'l:!"'~: VI \,'!: rh:-.' Ci-"il RighL~ Act of 1964. .( li/29/95 APPENDIX D TO EXHmIT 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 EJiliibit 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 arvt agree (in the case of deeds, and leases add "as a coyenant running with the land") that: (1) no person on the ground of race, color, sex, national origin, religion, age or disability, shall be e7cluded from participation in, denied the benefits of, or otherwise subjected to discrimination in the use of "mid 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. '[,bei 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. nndude in licenses, leases, permits, etc.)* (Include in deeds)* Tnat in the event of breach of any of the ab:;ve nondiscrimination covenants, ADMINISTERING AGENCY shall have lIe right to re-enter said laml and facilities thereon, and the above~described lands ilnd raciE[j(;S ~h31l thereupon revcrt to alld vest in and becom~ the absolute property of ADMINISTERING AGENCY, and its assigns. ~~_~___.__.._...-,,-o__ ,,:,;.(;, da~ and related'ia.'lguage to be used only wher: it is detwnined that such a clause is necesf':-...')' i.:1 Qrder to effectuate t.'le purposes of Ti:le VI of the Civil pjghts Act of 1964. ) " 15 11129195