HomeMy WebLinkAbout11-Development Services
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept: Development Services
Subject: 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 Avenue
bridge replacement; and Fund Transfer
Agreement for seismic retrofit of the City
of San Bernardino five-level parking
structure.
From: William Woolard, Interim Director
Date: January 29,2001
File No.
Synopsis of Previous Council Action:
MCC Date: February 5, 2001
May 5, 1997 Resolution approved authorizing the Mayor and Common Council to execute a
Master Agreement for Federal Aid projects between the City of San Bernardino and the State
of California.
Recommended Motion:
Adopt Resolution
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/
William Woolard
Contact person: T. Jarb Thaioeir. Senior Civil Engineer
Phone: 384-5127
Supporting data attached: Staff Report, Reso. No. 97.114, Master and
Program Supplement Agreements, Resolution
FUNDING REQUIREMENTS: Amount: N/A
Ward: All
Source: (Acct. No.)
Acct. Description:
Finance:
Council Notes
Agenda Item No. I J
"J5'J oj
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
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 five-level parking structure.
Background:
On May 20, 1997 the City of San Bernardino entered into an "Administering Agency - State
Agreement" (Master Agreement) with the State of California Department of Transportation for
Federal Aid projects. The Development Services Department is aggressively pursuing State and
Federal funds for associated transportation projects.
The Master Agreement has no force or effect with respect to any Program project unless and
until a project-specific, Program Supplement to the Agreement (Agreement) has been executed.
Each project Agreement designates the State and City responsibilities for implementing the
various phases of the project, i.e., right-of-way, preliminary engineering, construction, and
construction engineering. The Program Supplement Agreement for the Santa Fe Depot
rehabilitation includes preliminary engineering, construction and construction engineering
phases of the project. The Mt. Vernon Avenue Bridge Replacement Agreement covers
preliminary engineering for the environmental phase of the project. The Fund Transfer
Agreement covers the preliminary engineering phase of the city's five-level parking structure
retrofit. Although the Fund Transfer Agreement is somewhat unique given it was directly
appropriated as a line item in the Governor's Budget, staff was ultimately directed by
CALTRANS to utilize essentially the same process as with more typical Federal/State Aid
projects (i.e. the Program Supplement Agreement process). Consequently it was included in this
Council Action.
The State requires a copy of an approved Resolution authorizing a designee to execute a Program
Supplement Agreement with the State for Federal Aid projects.
To expedite the approval process with the State for future projects, staffrecommends that at the
February 20, 2001 Council meeting, the Mayor and Common Council delegate this authority to
execute the Program Supplement Agreement to the City Administrator or designee.
Financial Impact:
There is no financial impact.
Recommendation:
Adopt Resolution.
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RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
3 OF SAN BERNARDINO AUTHORIZING THE MAYOR OR HER DESIGNEE TO
EXECUTE PROGRAM SUPPLEMENT AGREEMENT WITH THE STATE OF
4 CALIFORNIA FOR SAN BERNARDINO SANTA FE DEPOT REHABILITATION, MT.
VERNON AVENUE BRIDGE REPLACEMENT; AND FUND TRANSFER
5 AGREEMENT FOR SEISMIC RETROFIT OF THE CITY OF SAN BERNARDINO'S
6 FIVE-LEVEL PARKING STRUCTURE
7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
8 CITY OF SAN BERNARDINO AS FOLLOWS:
WHEREAS, before Federal-aid will be made available for a specific project, the City
9
10 is required to enter into agreements with the State relative to prosecution, administration,
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special provisions and maintenance of Project facilities.
WHEREAS, before Federal-aid will be made available, other agreements related to
federal Aid requirements may be required.
WHEREAS, the City Council approves each project and allocated funding with the
16 Capital Improvement Program budget each year.
NOW, THEREFORE, BE IT RESOLVED that the Mayor or her designee be
authorized to execute three documents (attached and incorporated herein as Exhibits A, B, and
C) associated with the State of California for San Bernardino Santa Fe Depot rehabilitation
(Exhibit A), Mt. Vernon Avenue bridge replacement (Exhibit B); and Fund Transfer
Agreement (Exhibit C) for seismic retrofit of the City Of San Bernardino's five-level parking
structure.
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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 Conunon Council of the City of San Bernardino at a
meeting thereof,
8 held on the _ day of
9 Council Members:
,2001, by the following vote, to wit:
AYES
NAYS
ABSTAIN ABSENT
10 ESTRADA
11 LIEN
12
13
14 SCHNETZ
15
16
17
18
19
MC GINNIS
SUAREZ
ANDERSON
MC CAMMACK
20
City Clerk
21 The foregoing resolution is
, 2001.
22
23
24
25 Approved as to form and legal content:
26 JAMES F. PENMAN,
27 City Attorney
28 By: (k/?1o~'- f. f!/v>1 ".A4/,
/IV
hereby approved this
day
of
Judith Valles, Mayor
City of San Bernardino
PROGRAM SUPPLEMENT NO. M004
to
ADMINISTERING AGENCY-STATE AGREEMENT
FOR FEDERAL-AID PROJECTS NO. 08-5033
Da te :January 08, 200 I
Location: 08-SBD-0-SBD
Project Number:STPLE-5033(015)
E.A. Number:08-410584
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 se!forth on the following pages.
PROJECT LOCATION:
In the City of San Bemardino 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
Date
Chief, Office of Local Programs
Project Implementation
Attest
Date
Title
$1,371,746.00
Chapter Statutes
Item
Fund Source
AMOUNT
50
50
1999
1999
2660-101-890
2660-101-890
C
C
262040
262042
892-F
892-F
1,300,000.00
71,746.00
Program Supplement 08-5033-M004- ISTBA
Page 1 of 4
_..
08-SBD-O-SBD
01/08/200 I
STPLE-5033(OI5)
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
Program supplement08-S033-M004- ISTEA
Page 2 of 4
_..
08-SBD-O-SBD
01/08/2001
STPLE-5033(015)
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- ISTBA
Page 3 of 4
08-SBD-O-SBD
01/08/2001
STPLE-5033(015)
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 Supplement08-5033-M004- ISTBA
Page 4 of 4
PROGRAM SUPPLEMENT NO. M002
to
ADMINISTERING AGENCY-STATE AGREEMENT
FOR FEDERAL-AID PROJECTS NO. 08-5033
Date:January 04,2001
Loca tion: 08-SBD-0-SBD
Project Number:BRSTPLZ-5033(013)
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 se!forth on the following pages.
PROJECT LOCATION:
IN THE CITY OF SAN BERNARDINO MT. VERNON AVE @ BNSF RAILROAD BRIDGE, BRO. NO. 54C-0066
TYPE OF WORK: BRIDGE 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 Progr5ms
Project Implementation
Date
Attest
Date
Title
I hereby certify upon ~
ersi/}}fP/that budgeted funds D::e avail?: ::f ~D (umbranc.,
Pund Source
AMOUNT
Accounting Off
Chapter
Item
P:r;:ogram.
$44,266.00
52
52
2000
2000
2660-10 1-042
2660-101-890
20.30.010.690
20.30.010.690
C
C
224060
224060
042-T
892-F
8,854.00
35,412.00
Program Supplement08-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.
S. All maintenance, involving the physical condition and the
operation of the improvements, referred to in Article III
MAINTE~CE 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
Agreement No. 08A0571
Page 1 of2
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
FUND TRANSFER AGREEMENT (Ff A)
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
2000-0 I
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 1. 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. STATE 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 STATE funds.
Rev. /2/19/00
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 FTA
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 STATE.
SECTION 8. RECIPIENT has executed this FTA 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 VALLES
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. 12/19/00
Agreement No. 08A0571
Page 1 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 1. 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 FTA 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 1. 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
Page 2 of7
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 ST ATE 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 STATE (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 FTA. The method of payment authorized
under this FT A 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 FT A, and is the date the FT A 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 ofthe Legislature or another funding entity, STATE shall not be held liable for any
resulting damage or penalty.
SECTION 6. STATE 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 ofthese
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. J 2/19/00
Agreement No. 08A0571
Page 3 of7
terms and conditions of this FT A 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, ifbeyond 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 FTA, 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 1. 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 1, 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 ST ATE 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-133.
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. STATE, the California State
Auditor, or any duly authorized representative of the 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 of the progress of work performed
under this FT A. The first quarterly review meeting shall take place within 90 days following
execution of this FTA. RECIPIENT agrees, during each quarterly progress review, to inform
STATE regarding (1) 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 (his FTA and in compliance with State laws,
regulations, administrative requirements, implementation of the Project under this FTA and other
restrictions affecting this FT A.
Rev. /2/ J 9/00
Agreement No. 08A0571
Page 5 of7
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 HN 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 sea.), and the applicable regulations
promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0 et sea.). 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 of the
California Code of Regulations are incorporated into this FT A by reference and made a part
hereof as if set forth in full. Each ofthe 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 Cali fomi a designated by STATE, for the purpose of investigation to
ascertain compliance with Section I of this 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. /2//9/00
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
seQ., 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
STATE hannless 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 ST ATE 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 ofthe 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 FTA, will be determined in accordance with applicable Federal Transit Administration rules
and guidance.
Rev. 12/19100
Agreement No. 08A0571
Page 7 of?
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 STATE's sole
option. For vehicles, this refund shall be equivalent 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 of the 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 STATE'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, STATE'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 STATE 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,:and 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 ST ATE under this FT A 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. /2/19/00
ATTACHMENT I
ATTACHMENT II
ATTACHMENT III
ATTACHMENT IV
ATTACHMENT V
Rev. J 2/19/00
Agreement No. 08A057I
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 from 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,
specificati<ms 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
11. Management and Coordination
12. Prepare Structure Drawings
13. Prepare Specifications
14. Prepare Cost Estimate
15. Plan Check Reviews
16. Bid Support
Agreement No. 08A057I
Attachment II
Sheet I of3
SCOPE OF WORK
Fcc Proposal
Seismic Retrofit of the City of San Bernardino
5-Level Parking Structure
July 17, 2000
Phase I - Strateg~ and Schematie Design
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
Review Local Seismicity and
Provide Site-specific Response Spectrum
Geotechnical Stndy
Criteria Development
Review of Previous Stndies
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
Subtotal
$8,000
$12,000
$10,000
$10,000
$5,000
$12,000
$45,000
$25,000
$20,000
$14.000
$161,000
Phase II - Finall>esign
(11 a)
(lIb)
(11 c)
(11 d)
(lIe)
(lIt)
(11 g)
(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
Subtotal
$8,000
$25,000
$25,000
$25,000
$6,000
$5,000
$5,000
$5.000
$104,000
TOTAL $265,000
($120,000 GF)
Construction Phase Services: Dependent on the scope of retrofit and team's
involvement dnring 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 2001 FY 2001 PROJECT
FUNDINGS SOURCE REOUEST 40TR 10TR 20TR 30TR 40TR 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
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Agreement No. 08A0571
Attachment III
CERTIFICATION OF FUNDS
FUND SOURCE: Genual Fund
CTC APPROVED PERIOD OF AVAILABILITY: From Jnly 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 2660-101-0001 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
l:Ai!!."''-
T~O.~~.CO.."~
CALIFORNIA TRANSPORTATION COMKISSION
RESOtUTION Q-9l-2
Cammiaaion Policy Re.olucion tor Ha&ardoua Wa.Ce Id.nciticacion
and Cleanup tor Rail RighC-ot-Way
WHEREAS, Che Commiaeion haa programmed tunding tor rail right-ot-way acquiaiCion
in Che 1990 StaCe Tran.porCation Improyemenc prograa andaay allocaCe tunda tor
rail right-ot-way acqui.iCion trom Che Clean Air and Tran.porcacion ImproYement
AcC; and
WHZREAS, bazardcua wa.t.., bA..d upon federal and acat. statut.. and regulation.,
include buc are noC limited to auch caCegoriee a. heavy ..eala, (e.g., lead),
inorganic (e.g., exce..iye mineral leyela) and organic compound. (e.g., peeroleum
products), and can Qccur on a property'. aurface and aubsurface; and
WHEREAS, rail propereie. otten have ha&ardou. wa.ee. exceeding State ot
Calitornia and tederal hazardou. wa.ee aeandard.; and
WHEREAS, .uch propereie. contaminated with hazardou. waaCe. require mitigacion
prior Co u.ing Cham tor rail purpo.e.; and
WHE~~S, hazardoua wa.Ce. di.coyered on rail properCy may .igniticancly i.pace
properey value, projece echeduling and tuture liabiliey tor ehe grane applicane;
And
WHEREAS, the Commi.aion muae be a.aured thae acquiaition ot rail propertie. have
been fully reviewed by the grane applicane, and it warranted, ehe grane appllcane
has e..cad for hazardou8 wa.t..; And
WHEREAS, it hazardous wa.t.. exist, the Commis.ion must be a..ured that the
hazardous waste. identified haa either b..n cl..ned up, or finAncial
reapon.ibility for the cleanup ha. been deeermined prior Co title eranafer to the
grant applicant, or ea..ment has be.n ..cured in lieu at purchasing ehe proparey,
and the 8ub.urtacs rights and liability tor hazardou8 wast.. remain with ~he
properey ..ller/ and
'rlHEREAS, haz-ardc',;,s wastes ideneitled subllequen1: :'0 ei.:.1.1I transfer :.:) ehe grant
applicane ~ill ~Q cleaned up by ~h. .eller or a mechanism eo recover cleanup
cosca ia established and exeeutad .a a condition prior to ticle transfer; and
"HEREAS, :ull due diligence ia nec..sary l~ diacoverinq hazardous waste and is an
9..8ncial elemenc 13 acquiring rail righc-of-way properties by the grane
applicant.; a.nd
NOW THEREFORE BE IT RESOLVED, that acqui.ition of all rail right-of-way
propertie. w~ll be fully ~nYe8tigated by the grant applicant to determine the
aDsenee/presence ot ha:ardou8 waS1:e.. :nveatigations Bhall be conducted in
accordance to the standards and practices of the local, Itate and/or federal
~equlacory agencies having jur~.dic:.i.on and by personnel adequately trainea ~n
hazardous waste lnveatiqaeion; and
Agreement No. 08A0571
Attachment IV
Sheet 2 of 2
-2-
BE IT FUR~KIR RESOLVED, that all properti.., di.coy.r.d with hazardous wa.t..
which .zo.ed the t.d.ral/.tat. atan4ard., will b. cl.an.d up to the aeti.taction
ot the r..pona~la looal, .tata and/or t.d.ral r.gulatory agancy. The
appropriata r.qulatory agency ahall c.rtity to grant applicant that the cl.anup
haa b..n coapl.t.d, and
BE IT FURTHER RESOLVED, that the grant applicant will c.rtity by tormal
r..olution to the commi..ion chat all r.a.onabl. .t.p. hay. b.en coapl.ted to
a..ur. tull due diligence in the di.coy.ry ot h.zardou. wa.t. ha. been achi.ved
during the acqui.ition of rail right-of-way and the .tat. i. held harmle.. froa
cleanup liab.~ity or damage., both pre.ent and futur.; and
BE IT FURTHER RESOLVED, that the grant applicant will certify by formal
r..olution that it will not .eek further .tate funding, fOr cleanup, damage., or
liability co.t a..ociated with hazardous waate. on or below acquired property'a
aurf&ce; and
BE IT FURTHER RESOLVED, that the grant applicant will certify to the COmmi.aion.
o that all rail right-at-way acquiaition properti.. hay. been inve.tigat.d
and hay. be.n tound cl.an;
o or that the cl.anup ot di.cov.r.d hazardous wa.t. ha. b..n coapl.t.d prior
to acqui.ition of the property;
o or that the grant applicant haa obtained perman.nt .aaement and the
.ub.urtac. right. and liability and full r..pona~ility to pay for and
.' r.....y. .uch hazardous wa.t. remain. with the ..ll.r in contormance with
applicabl. Stat. and Federal law,
o or if hazardous wa.t.. are known to .xi.t prior to acqui.ition'and it the
applicant d.t.rmine. that time ie ot the ....nc. tor acquieition, th.n and
in that avant. an entocc.able .qr....ne will b. encerad into requ!rlng en.
=..ponaibla p.r~y(l..) to cl..n all h&&ardoua W..C.. by . date cereain,
with the option ot tund. .utticient tor the Clean-up co.t. depo.ited in
..crow by the eeller.
In the .yent ot tailur. to cl.an up by the date determined, the recipient of the
grant will make tull r..titution to the Stat. tor ita participation. Thie
resolve do..' noe preclude the recipient from requ..tinq c.-alleeaeion noe to
exceed the r.tund.d amount attar the hazardoue wa.t.(a, haye been fully remoyed
from the aubjact aite; and
aE :: FURTHER RESOLVED, that :~e grant applicant wil~ certify to the Commission
that the s.ll.r trom whom propertiea hay. b..n acquired retain liabillty for any
hazardous waae. inv..eiqation and/or cleanup, and damage. discovered subsequent
co ~he eranat.r ot cic18; and
9& IT FURTHER RESOLVED, the Commiaaion declare. all future liability resulting
~=om hazardous wastes remain with the seller or the grant applicant, noe the
scate. and ch. grant appLlcant ha. b.en indemniti.d by the aeller for any coacs
resulting from failure to eliminate ha~&rdous wastes; and
9E r: ~URTHER RESOLVED, no scace tunds will be made available for any future
costa associated wieh cleanup, ~amaqB., or liability cosc. a8eQc~ated with
na.ardoua wastes on or below :~e acquired property'. .ur~ac..
-
1
RESOLUTION NO.
97-114
:2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF MASTER AGREEMENT
3 ~ i FOR FEDERAL-AID PROJECTS, BETWEEN SAID CITY, AS ADMINISTERING
I'! AGENCY, AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS
41 'II DEPARTMENT OF TRANSPORTATION; AND RESCINDING RESOLUTION NO.
, 13220.
5
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
6 CITY OF SAN BERNARDINO AS FOLLOWS:
7 SECTION ONE: 'Ihe Mayor of the City of San Bernardino
8 is hereby authorized to execute, in behalf of said City, Master
{) Agreement, Administering Agency - State Agreement for Federal-
101\id Projects between said City and the State of California,
U 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 length herein.
16 SECTION TWO: The agreement shall not take effect until
17 fully signed and executed by all parties. The City shall not be
lB. obligated hereund~r unlrlss and until the agreement is fully
Hl exec~ted ar.d no oral <<grcement. relating there-co shall be
20 implied or a1.1th.o~i2.sd.
21
SEC'fIO"N '.!'HRJ~:;-::. Tht:! ,::utl~c:t'i:-~a't:..on to execute the above-
I
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::esolutio.1.
POU!:/.:
Hes()lution.
No.
13220 is
hereby
28
, .
;
,I
I ,1--ncu~ 7
I;
I:
':
R):SO: AUTHORI ZING EXECUTION OF MASTER AGREE!4ENT - 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
31 Bernardino
4,
5
at
a
joint regular
meeting thereof,
held on
the
S'Ch
day of
May
, 1997, by the following vote, to-wit:
Council Members:
AYES
-
NAYS
ABSTAIN
ABSENT
'5 NEGRETE
7 CURLIN
8 ARIAS
9 OBERHELMAN
)[0 DEVLIN
n ANDERSON
12 MILLER
13
x
x
x
x
x
x
x
) ::14'
15
16
day of
17
~u,l~ ~'-/
Rac el Clark, City Clerk
The foregoing resolution is hereby approved this g~
May
, 1997.
181\
1911 Approved as to form
20 and legal content:
~~M~~
. .' Tom inor, Mayor
Ci ty - of San Bernardino
)
21'
22
23 !
,!
2;lIBy
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-
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2
3
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J
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71
81
9'
10 '
11
12
IS
14
15
16
17 '
18
19
20
21
22
23
24
251
251
271'
I
28 I
I
.1
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- flY is a full, true, and correct copy of
that now on file in this office.
IN WITNESS WHEREOF, I have hereunto set my hand ;Wd affixed the
official seal of the City of San Bernardino this q.,l6.. day of
.~ . ,19Cf7. . '
~1~
~~
L-A-b:.t~;..../
Eileen Gomez, Deputy
,~
-
--....
CONFORMED
COpy
MASTER AGREEMENT
ADMINISTERING AGENCY-STATE AGREEMENT
FOR
FEDERAL-AID PROJECTS
08
District
City of San Bemardilw
Administering Agency
Agreement No. 08-5033
This AGREEMENT, made effective this 1--" J1.. day Of~C . ,1997, is by and between..
the City of San Bernardino, hereinafter referred to as "ADMlNIST G AGENCY," and the State
of California, acting by and through the California Department of Transpo ation (Caltrans), hereinafter
referred to as "STATE."
WITNESSETH:
WHEREAS, the Congress of the United St:\tes 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~r:sportati(ln Enhancement Activities Program (TEA). and the Bridge Replacement and Rehabilitation
Program (HBRR) (collectively the "Programs"); and
WHEREAS, the r~egislature of the State of California has enacted legislation by which certain
Federal funds (RSTP andCMAQ) may be made available for use on local transportation facilities of public
entities qualified to r.ct ~ recipients of these federrJ fuads in accordance with the intent of Federal law; and
WHEREAS, befc:e Federal-aid will be made availll.IJle for a specific Program project,
ADI\ilINISTERJNG AGENCY and STATE a;:e r~quired to enter into an agreement relative to prosecution
of said project and maintenance of the comple:,~d facilit~'.
NOW, THEREFORE, the parties ~.gree as fc.!iows:
AnTJC~E I . PROJECT ADMINISTRATICN
1. This AGPJ':EMEI';T shall have 110 force or effect with respect to Uity Program pto>x.t
unkss a;~d until a project-spccific Pro~ram Supplement to this AGREEMENT for Federal-aid PrcJecls,
h~rein<:fter referred to as "PROGRAM SUPPLEMENT," has been execu:t'd.
2. The tcnn "PROJECT," as used herein, means that authorized project tinar.ced in part with
Fede!'a! f.U1ds as further descrillcc! in an "Authorization to Proceed" document executed by STATE, in the
;:;lbser-l!ICm specitic PRCGRAM SUPPLEMENT, and in a Federal-aid Project Agreement (PR-2).
3. "!'iie Fii61,1."':!cia1 C'o~irnitn1ent of STATE 3d:ninistered federal funds will occur only UP()r! the;
c:,c.':~~;()~ of this AG!~.EEivfENT, and the execution of each project-specific PROGRAM SUPPLE\1Et',T
:~.II(~ .:,'!':.- .~.
1
1l/2S/:.--', .
,.......... --
4. ADMINISlERING AGENCY further agrees, as a condition to payment of funds 0Migated
to a PROJECf, to comply with all the agreed-upon Special Covenants or Remarks attached to the : ('
PROGRAM SUPPLEMENT identifying and defining the nature of the specific PROJECT.
5. The PROGRAM SUPPLEMENT shall designate the party responsible for implementing
the various phases of the PROJECT, the Federal funds requested, and the matching funds to be provided
by ADMINIS1ER.ING AGENCY and/or STAlE. Adoption of the PROGRAM SUPPLEMENt by
ADMINISTERING AGENCY and approval by STATE shall cause such PROGRAM SUPPLEMENT 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. ADMINISlERING AGENCY shall conform to all State statutes, regulations and
procedures (including those set forth in 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 Federal1aws. regulations, .
and policy and procedural or instructional memoranda, unless otherwise designated in the approved
PROGRAM SUPPLEMEr-.'T.
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 between
STATE a..'ld ADMINISlERING AGENCY to determine how the PROJECT is to be constructed.
8. If PROJECT is not on STATE-owned right of way, PROJECT shall be constructed in
acco:-dallce with REENGJNEERED PROCEDURES. The REENGINEERED PROCEDURES describe
minimum stat~wide design standards for local agency streets and roads. The REENGINEERED . _,
PROCEDURES for proJjects off the National Highway System (NHS) allow the STAlE to accept either' (_
the min:muTn statewide design standards or AD.MIl'Io'ISTERING AGENCY-approved geomettic design
stalld....ds. Also, for projects off the NHS, 5T ATE will accept ADMINISTERING AGENCY -api'rol'ed
sta.'ldard spc,..-i.ficalions, standard plans, and materials sampling and testing quality assurance programs that
neet th~ cor.di:io1l$ described in rhe REENGINEERED PROCEDURES.
9. Whet! PROJECT :3110t on the State highway system but includes work to be jlel'formed by
a railroad, dIe contract for sl1ch work sh~U be prepared by ADMlNISlERING AGENCY or by STATE.
PS uie p:u1ies may her~afrer agree. In eit.ier event, ADMINISTERING AGENCY shall enter into m
~greem-:::l' .,:,oith the T;Jii,a:;,j :'rrr..i(~i~e fx fll:ure maintenance of protective devices or other facilities
lllsta!led l'.:lder tl:o:: C:'i';'.;,":::.
Hi. ADlv'J}':JSfEf:r;~G AGEj\CY shall provide or arrange for adequall: supervision and
ir.s~ction of eac;; FRDJE.::T. /->5 Foviriel! in the REENGINEERED PROCEDURES, work may be
~rforlncd by a cOlIsuir.a'I'(s), pre...;~;ed !'. fuily qualified and licensed employee of ADMINISlERING
AGENCY is in ~SpOiJ5i!:1~ char~e.
Ii. The Con',r'~,:; of tl,(; 'iJllircC: S:au;s. th~ LeI1:sl3.tuce of The State of California, and t.h~
(:;ov~rnor uf the S:atedC..lifonia. each within their respective jurisdiction, have prescribed certain
employrr.ent practices with rcsp.:ct to work financed with Federal or State funds. AD~IINIS'I"ERING
AGENCY agrees to comply with the requirements of the FAIR EMPLOYMENT PRACIlCES
ADDENDUM (Exhib:t A att:lched hereto) whenever State funds finance part of the PROJECf, and the
NON!)ISCRIMU..ATION ASSUR.A_"1CE::. (E~hibit B a!laChed hereto). ADMINISTERING AGENCY
im1.~~~r agrees ti:a: any ,.gr<,cment emerec :r.:o by ADMTIfISTERING AGENCY with a third p.'l1ty for
2
11i29195
peUorroance of work connected with the PRomCf shall incorporate Exhibits A (whenever State funds
fulal!!:e pa1tof lhe PROJECT) and Exhibit B (with third party's name replacing ADMINISTERING
AGENCY) as 'j)3flS of such agreement .
1. No contract for the construction of a Federal-aid PROmCf shall be awarded until the
necessary dghts of way have been secured. Prior to the advertising for construction of the PROmCf.
ADMINISTCRING AGENCY shall certify and. upon request, shall furnish STATE with evidence that
necessary rights of way are available for construction purposes or will be available by the time of award of
the GonstrUction contract
ARTICLE n . RIGHTS OF WAY
2. ADMINISTERING AGENCY agrees to indemnify and hold STATE hannless 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
PROJECf. title free and clear of obstrUctions and encumbrances affecting PROmCf and the payment, as
required by applicable law. of damages to real property not actually taken but injuriously affected by
PROJECT. ADMINISTERING AGENCY shall pay. from its own non-matching funds. any costs which
arise ,)ut of delays to the constrUction of the PROmCf 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 of PROmCf work.
3. Subject to STATE approval and such supervision as is required in REENGlNEERED
PROCEDURES over ADMINISTERING AGENCY's right of way acquisition procedures.
ADMINlSTERING AGENCY may claim reimbursement from Federal funds for expenditures to purchase
) only m:GessaIY rights of way included in PROJECI" after crediting PROmCf with the fair market value of
_ a.'lY excess property retained and not disposed of by ADMINISTERING AGENCY.
4. When real property rights are to be acquired by ADMINISTERING AGENCY for a
PKOJECT. said ADMINISTERING AGENCY must carry out that acquisition in compliance with lhe
federal Uniform Relocation Assistance and Real Property Acquisition policies Act of 1970. as amended.
5. Whet:ier or not Federal-aid i$ to be requested for right of way. should ADMINISTERING
AGENCY. in acqui.rir.g right of way for PR OmCT. displace an individual. family. business. farm
. operation. or :lon-profit organization. relocation payments and services will be provided as set forth in
Chapter:; 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 greatest extent practicable. no person lawfully occupying real
property shall be required to move from hisl"ne; dwelling or to move hislher business or fann operation
without at least 9O-days written notice from ADMINISTERING AGENCY. ADMINISTERING
AGEl'lCY will provide STATE with specific assurances. on each portion of the PROJECf. that no person
will b~ displaced until comparabie decent. safe Md sanitary replacement housing is available within a
reasonable period of time prior 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 the PROJECT as provided in Fedc:al Highway Programs Manual (FHPM 7-5).
6. In all real property transactions acquired for the PROmCf. following recordation of the
deed or such other recorded instrUment evidencing title in the name of the ADMINISTERING AGENCY
0\' their assignee. there shall also be recorded a !oCparate document which is an . Agreement Declaring
Res! ricth-e Covenants_. Said Agreement Declaring Restrictive Covenants will incorporate the assurances
i\JGlUded within EY.hibits A fond B ar.c AppeiltiiceS A, B. C and D. as appropriate. when executed by
AD"lvIINISTERING AGENCY.. '
~
11/29/95
3
.'
A\JE.TICLE m . MANAGEMENT AND MAINTENANCE OF PROPERTY
1.. ADMINISTERING AGENCY will maintain and operate the PROJECT 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 S'Jccessors in interest in the property may transfer this obligation and responsibility to maintain and
optlnr\', lk~ property to another public entity.
2.. Upon ADMINISTERING AGENCY acceptance of the completed Federal-aid construction
contmc\ Ol' upon contraCtor being relieved of the responsibility for maintaining and protecting a portion of
the work, the agency having jurisdiction over the PROJECf shall maintain the completed work in a
maImer S<ltisfactory to the authorized representatives of STATE and the United States. If, within 90 days
after m,,-,ipt of notice from STATE that a PROJECf, or any portion thereof, under ADMINISTERING
AGENCY's jurisdiction is not being properly maintained and ADMINISTERING AGENCY has not
satisfa<;wrily remedied the conditions complained of, the approval of future Federal-aid projects of
ADMINISTERING AGENCY Will be withheld until the PROJECT shall have been put in a condition of
maintenance satisfactory to STATE and the Federal Highway Administration. The provisions of this
section shall not apply to a PROJECf which has been vacated through due process of law.
3. The maintenance referred to in paragraph 2, above, includes not only the physical condition
of the :?llOJECf but its operation as well. PROJECT shall be maintained by an adequate and well-trained
st&1J:' of ~;(lgineers and/or such other professionals and technicians as the project requires. Said
mah*;\1'Jllce staff may be employees of ADMINISTERING AGENCY, another unit of goverrunent, or a
contractor under agreement with ADMINISTERING AGENCY. All maintenance will be performed at
~gull!l' intervals or as required for efficient operation of the complete PROJECf improvements.
).
ARTICLE IV . FISCAL PROVISIONS
1. The PROjECf, or portions thereof, must be included in a Federally-approved Statewide
Trar,spm1.ation Improvement Program (FSTIP) prior to ADMINISTERING AGENCY submittal of the
"Re':lnest for Authorization." .
:2. State and Federal funds will not participate in PROJECf work performed in advance of
approyal of the" AUL.'lorization to Proceed." The parties shall execute a PROGRAM SUPPLEMENT
betvllX'A STATE and ADMINISTERING AGENCY subsequently incorporating the "Authorization to
Proce~d.': . . .. . ". .. '
:; . ADMINISTERING AGENCY may submit invoices in arrears for reilr.bUI'""...ement of
parti,;ip3.ti.~i? PROJECf costs on a monthly or quarterly progrl'.5S basis once the PROJECf PROGRAM
SUPP~EMENT has been executed by STATE and the PR-2 ha~ been executed by FHW A The total of all
am01,;ilts claimed. plus any required matching funds, must not ex=d the actual total allowable costs c.f all
completed "''l~hleering work, right of way acquisition, f.nd construction.
'" . L'lvoices shall be submitted on ADML."lISTERING AGENCY letterhead and shall inclucJc
this AGREEME1\'T numbe., Federal-aid project number, and Progress billing nwnber for the PP-OJEcr.
and shall be in accordance with REENGINEERED PROCEDURES.
5. TIle estimated total cost of PROJECf, the a.-nOllnts of Federal-aid programmed, and tt.e
mat.::hin~ ::mounts agreed upon may be adjusted by mutual consent of the pa.''ties hereto in a Fin:mce
Leuer/Del:li1 Estimate and a PR-2 document which ar.: to be ccnsidcred as part of this AGREEM.E.l\'T.
FeckffiJ~aid program amounts may be increa.~ed to CGver PROJECT cost irlcrease.~ only if such fundr. ~]e
ii,,?.iJ.a;i!e ll..'1d FHWA concurs wit.'l that increase. .
!
11/29/95
6. \\'hen additional federal-aid funds are not available. the ADMINISTERlNG AGENCY
a~ mat the payment of Federal funds will be limited to the amounts approved by the PR-2. or its
ro,;dific~tion (PR-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 finance the local
share of dibible costs and all expenditures ruled ineligible for financing with Federal funds. STATE shall
make the determination of ADMINISTERING AGENCY cost eligibility for Federal fund fmancing.
8. Any overpayment to ADMINISTERING AGENCY of amounts invoiced shall be returned
to STATE by ADMINISTERING AGENCY upon written demand.
. 9. Should ADMINISTERING AGENCY fail to refund all moneys due ST ATE as provided
-'" '" "",,,,,AIJMINlS1l'RING AGENCY""""'''' ...-"', by -, W - .'~.~.
PROJEC!, then. within 30 days of demand. or within such other period as may be agreed to in writing lI!
betWeen the parties hereto. STATE, acting through the State ContrOller. the State Treasurer. or any other .
'""", ,-,. ""y""'oId '" """"'" . """'" or on mn_ ""'" W me ...-""" '" "'ATE from
future apportionments. or any other funds due ADMINISTERING AGENCY from the Highway Users
Tax Fund or any other funds and/or may withhold approval of future ADMINISTERING AGENCY
f~d~ral-aid projects.
:0. Should ADMINISTERING AGENCY be declared to be in breach of this AGREEMENT or
otherwise in default thereof by STATE. and if ADMINISTERING AGENCY is constituted as ajoint
powers authority. special district, or any other public entity not directly receiving funds through the State
Controller. STATE is authorized to obtain reimbcrsement from whatever sources of funding are available,
including 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
itl1 con.~tituent member entities. to re;;over all funds provided by ST ATE hereunder.
1. For the purpose of determining compliance with Public Contract Code Section 10115, et.
req. and Tille :a. Califomia Code of Regulations. Chapter 21. Section 2500 et, seq.. when applicable. and
other maners conne:;ted with L'J.e perfor.nance of the Agreement pursuant to Government Code
Section 10532. ADMIN1STE.1ill~G AGENCY ::nd any third party under contraCt with ADMINISTERING
AGENCY shall retain all Origillal records to the project fmanced with Federal funds and shall make records
lwailable upon request by Federal and State representatives. Following final settlement of the project costs ,
with FHW A the ~ords/docum~nlS may be microfilmed by the ADMINISTERING AGENCY. but in ar,y
R.v;;:nt shall be retalned for a penod of three years from STATE payment of the fmal voucher. or a four-year
V'~jo-<!. from the date of the fmal payment under the contraCt, whichever is longer. ADMINISTERlNG
AGENCY shall retain records/documents longer if required in writing by ST ATE.
2. Per the Single Audit Act (If 1984. any ADMINlSTERlNG AGENCY that receives
$100.000.00 or more pc, fIscal year in Federal Fina.,cial Assistance shall have an audit performed by an
independent at;dit fll'lT' pe.lbe Single Audit Act - (see OMB-A128. "Audits of State and Local
Gove,rX\wents").
ARTICLE V . RETENTION OF RECORDS/AUDITS
ARTIer,E Vi . FEDERAL "LOBBYING ACTIVITIES CERTIFICATION
1. By execution of tll:S AGREEMTh'T. ADMINIsTERING AGENCY certifies. to the beSt of
.J t.~ signatory officer's }:nc-.vledge iL'1d belief, that:
11179/<)5
5
A. No STAlE or Federal appropriated funds have been paid or will be paid, by or on
behalf of .NDMINISTERING AGENCY, to any person for influencing or attempting to influence an
officer or <.:rnployee of any STAlE or Federal agency, a Member of the State Legislature or United States
Congrel:,s, an officer or employee of the Legislature or Congress, or any employee of a Member of the
Legislature or Congress in connection with the awarding of any STAlE or Federal contract including this
Agreement, the making of any STATE or Federal loan. the entering into of any cooperative contract, and
the !:AuomitOn, continuation, renewal, amendment, or modification of any STAlE or Federal contract,
grant, Roan, 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 anempting to influence an officer or employee of any Federal agency, a
membtir of Congress, an officer or employee of Congress or an employee of a member of Congress in
connection with this Agreement, grant, local, or cooperative contract, ADMINISTERING AGENCY shall
complete IJlld submit Standard Form-LLL, "Disclosure Form to ReI' Lobbying," in accordance with the
form inslroctions.
C. 1bis certification is a material representation of fact upon which reliance was placed
when !his Agreement was made or entered into. Submission of this certification is a prerequisite for
making or entering into this Agreement imposed by Section 1352, Title 31, U.S. Code. Any party who
fails to fHe the required cenification shall be subject to a civil penalty of not less than $10,000 and not
more IDlU1 $100,000 for each such failure.
2. ADMTh'ISlERING AGENCY also agrees by signing this document that the language of
this certification will be included in all lower tier sub-agreements which ex<'eed $100,000 and that all such
sub-1T-cipicnts shall certify and di'lClose accordingly.
ARTICLE VII . MISCELLANEOUS PROVISIONS
1. Neither STATE lIor lmy officer or employee thereof shall be responsible for any damage or
liability occurring by reason of an)thing done, or omitted to be done, by ADMINISlERING AGENCY
under, or j;;. connection with, ::ny work, authority or jurisdiction delegated to ADMINISlERING
AGENCY under this AGREEMEl\"T. It is understood and agreed that, pursuant to Government Code
Se;;uQ1l895A, ADMThlSThlUNG AGENCY shall fully defend, indemnify and save harmless STATE.
itS office,s, a'-I(: employees from all claims, suits or actions of every name; kind and description broug.it
fo., or on account of, injuf'j (as defined in Government Code Se.ction 810.8) occurring by rea~on of .
anything t1or;f;, or omitted to be done, by ADML"lISTERING AGENCY under, or in connection with,any
W(>;X, l\1.,tl,ori:y or jurisdi::tion 4elegated to ADMINISTERING AGENCY under this Agreement. STAlE
reSCiVes the right to represer.~ ito;elf in any litigation in which STAlE's interests are at stake.
'. N~i!her ADMl"N1STERING AGENCY nor any offi~r or employt".e thereof, shall be
l"espo!]~ible for allY dareage c:r li2.bility OCClJrr.ng by reason of anything done, or omitted to be done, by
STi\TE nT.de\", cd., Ci)nne.ctio:J. wi:h:lllY work. authority. or jurisdiction delegated tc STATE cnder tl}is
AGREf_,J.,:f~:'-r. It:s also under$t.~od llaG agree:! that, ;lUIsnant to Government Code Section 895.4.
STATE shill fully in:l~lDnify :lJ1G hCJld ADMIr-."'ISTERING AGENCY harmless from any liability imposed
fo~ injury (as defined by Government core Sr-etio:J 810.8) occurring by reason of anything done, or
olI'ined to be cone, by STAlE under, or in connection v.ith, any work, authority, or jurisdiction delegated
to ST A 'IE under this Agreement ADMINISlERING AGENCY reserves the right to represent itself in
any litiE;ation ir: which ADMINISTERING AGENCY's interestS are at stake.
3. ADML'\'lSTEFJNG AGU;,::\" ami lll{' of ricers and employees of ADMINISTERING
AGENC", when t'~lgaEect b the l""lfon:;:mc(: 0Z tll:' /,!!l1:~!nenl, shall act in an independent capacity and
not as ,officers, elnp]oy::es or :)ge;:~~ of ~;.~,'/\"J77.. I .
-'
,
i~
1 il29/9S
.'.....
4. STATE may terminate this AGREEMENT with ADMINISTERING AGENCY should
ADMlLNX5TERING AGENCY fail to perform the covenants herein contained at the lime and in the manner .
haein provided. In the event of such termination, STATE may proceed with the PROJECT work in any
manner deemed proper by STATE. If STATE terminateS this AGREEMENT with ADMINISTERING
AGENCY, STATE shall pay ADMINISTERING AGENCY the sum due ADMINISTERING AGENCY
under th.is AGREEMENT prior to termination, provided, however, that the cost of PROJECT completion
to STATE shall first be deducted from any sum due ADMINISTERING AGENCY under this
AGREEMENT, and the balance, if any, shall then be paid ADMINISTERING AGENCY upon demand.
5. Without the written consent of STATE, 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
shalllle binding on any of the parties hereto.
7. ADMINISTERING AGENCY warrants, by execution of this AGREEMENT, that no
person or selling agency has been employed or retained to solicit or secure this AGREEMENT upon an
agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona
fide employees or bona fide established commercial or selling agencies maintained by ADMINISTERING
AGENCY for the purpose of securing business. For breach or violation of this warranty, STATE has t.'1e
right to minul this AGREEMENT without liability, pay only for the value of the work actually performed,
or in STA'IE's discretion, to deduct from the price of consideration, or otherwise recover, the full amount
of sUl:h commission, percentage, brokerage, or contingent fee.
8. In accordance with Pt:blic Contract Code Section 10296. ADMINISTERING AGENCY
hereby cenifies under penalty of peIjury t.ltat no more than one final unappealable fmding of contempt of
court by.a Federal court !-.a.< been issued against ADMINISTERING AGENCY within the immediate
preceding two-year period heclluse of ADMThl1STERING aGENCY's failure to comply with an order of
a Federal court that ord{".[:; ADMlNISTEPJNG A.GENCY to comply with an order of the National Labor
Relations Bo<:rd. .
9. ADMINISTERING AGENCY ~bill. tiisclose any fmancial, business, or other relationship
..."ith STAlE or the FHv.' A that may have 2Il impact upon the outcome of this AGREEMENT.
ADMINISTERING AGENCY shall also list current contractors who may have a fmancial interest in the
outcome of this AGREEMEi."IT.
1 O. ADMINISTGPJNG AGENCY hereby ce.ufies that it does not n~w lUve nor shall it
acquire any financial or husiness i.."lt~r"'s; lha. wtll,lid conflict with lhe performance of PROJECT under this
AGREEMENT.
11. ADMINISTERING A.GENCY wa!r.J1ts that tI1is AGREEMENT was not obtained o~
. secured through rebali'.s, kk:::backs or othnr unlawfd consideration either promised or paid to any ST A 'IE
employee. For breach or violation of this warrllIlty, ~TA1E shall have the right, in its discretion, to
terminate !his AGREEMENT without liability, to pay orJy for tIle work actually performed, or to deduct
frem the PROGRAM SUPPLEMENT pricc or lltIlcrwise recover the full a.-nount of such rebate, kickback,.
or other unlawful considerati:l:l.
12. This Agreem~l1t i~ subject to any additional restrictions, limitations, conditions, or any
statuie ~Mcted by the State LegisJan:rc that rni.y affc;:t the provisions, terms, or funding of this
AG?.EEMENT in any mannt'r.
.
)
7
11129/95
1. nus Agreement and any PROGRAM SuppLEMENT(S) executed under this
AGREEMENT shall terminate upon 60 days' prior written notice by ST ATE.
2. e.ob "'.,." PROGRAM slJl'PLEMl'NT ..oIl "","",,' -'" "" """ "".......
"",," '0' WO' ".sa'''''' PROJECf """'" """" "'" """"'.0',-"" No s-fA TE 0' FHW A -
are obligated ~'6ainst this AGREEMENT.
ARTICLE VIll . TERMINATION OF AGREEMENT
IN WIfNESS WHf.REOF. "" ,,,,,,,, ,,'Ie """"" "'" AGREEMENT by """,Wy """""""
officers.
l;-
i'.
CITY OF sAN BERNARDINO
STATE OF CALIFORNIA
r.l9'ARWRITa:1RANSpero'An~
Date_VH n,; 1..--11) i1'1'7
I
~rJ~
By I ~/! . / tI--IA/[~
/
Tom Minor, Mayor
ADMil'TJ.STERING AGENCY
Representative Name & Title
(Authorized Govenung Body Representative)
Date yJ-'i7 f; Jqil_-
-
----~
J~=::7---
o ~hief. Office of Loca rogran1S
Project l.Ttlplementation
.'
,.
ATTEST:
~1J/1.J.'J.. '
_ _z...~..;-.:L~ 0
Rac .1 Clar'!C, {~ity Clerk .'
.
'.
APp~oved as to =cr~
and legal ccntont~
,
I
\
\
":ra~e~ F. p(~!"n;:..::'"
city A;t}1::nc-;j
.,.)JQL.&~tJti t-
o !
;{/
~..
11f29195
r.
.-.....
EXHIBIT A
FAIR EMPLOYMENT PRACTICES ADDENDUM
)
1. 1n the performance of this Agreement, ADMINISTERING AGENCY will not discriminate
~1gamst my employee for employment because of race. color. sex. religion. ancestry or national origin.
ADMT.N18TERING AGENCY will take afflmlative action 10 ensure that employees are treated during
employment, without regard to their race. sex. actual or perceived sexual orientation. color. religion.
anrestr.Y. O~ national origin. Such action shall include. but not be limited 10. the following: employment,
'Upgrading, l'\emotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay
or other fonlls of compensation; and selection for training. including apprenticeship. ADMINlSlERlNG
AGENCY sh!lll post in conspicuous places. available to employees for employment, notices 10 be
provided by S'f ATE setting forth the provisions of this Fair Employment section.
. 2. ADMINISTERING AGENCY will permit access to the records of employment, .
employment advertisements. application forms. and other pertinent data and records by STATE. the State
Fail' If],mployment and Housing Commission. or any other agency of the State of California designated by
STATE. for the purposes of investigation to ascertain compliance with the Fair Employment section of this
Ag~meJ1.t.
3, Remedies for Willful Violation:
(a) STATE may detemline :l v.illfu1 violation of the Fair Employment provision to have
occurred upon receipt of a fmal judgment to that effect from a court in an action 10
which ADMINISTERING AGENCY was a party. or upon receipt of a written
notice from the Fair Employment and Housing Commission that it has investigated
and determined that ADMINISTERlNG AGENCY has violated the Fair EmplOY-
ment Practices Act and had issued an order under Labor Code Section 1426 which
has become final or has obtained an injunction under Labor Code Section 1429_
(b) For willful violation of this Fair Employment Provision. STATE shall have the
right to temlinate this Agreement either in whole or in part, and any loss or damage
sustained by STATE in securing the goods or services thereunder shall be borne
and paid for by ADMINISTERING AGENCY and by the surety under the
performance bond. if any. and STATE may deduct from any moneys due or
thereafter may bec3me due to ADMINISTERING AGENCY. the difference
between the price named in the Agreement' and the actual cost thereof to STATE to
cure ADMlNISTERING AGENCY's breach of this Agreement. .
"
)
.VJSlf.;5
9
EXHffiIT B
NONDISCRIMINA TION ASSURANCES
ADMINISlERING AGENCY HEREBY AGREES lHAT, as a condition to receiving any Federal
fmancl\,( ~&.~istance from the STA'IE, acting for the U.S. Department of Transportation, it will comply
willi Ti:k, VI of the Civil Rights Act of 1964, 78 Stal 252, 42 U.S.C. 2000d-42 U.S.C. 2000d-4
(he.rei.n.afler referred to as the AC1), llIId all requirements imposed by or pursuant to Title 49, Code of
Federal Regulations, Department of Transportation. Subtitle A, Office of the Secretary, Part 21,
"Nol'ldi'!cimination in Federally-Assisted Programs of the Department of Transportation - Effectuation of
TItle "lfI of the Civil Rights Act of 1964" (liereinafter referred to as the REGULATIONS), the Federal-aid
Highway Act of 1973, and other pertinent directives, to the end that in accordance with the ACf,
R]Ei,oULATIONS, and other pertinent directives. no person in the United States shall, on the grounds of
race, color, sex, national origin, religion, age or disability, be excluded from participation in, be denied the
lJ-o...nefhs of, or be otherwise subjected to discrimination under any program or activity for which
ADM1NISTERlNG AGENCY receives Federal fInancial assistance from the Federal Department of
T:ranspom.tion, ADMINIS'IERING AGENCY HEREBY GIVES ASSURANCE lHAT
ADMINISTERING AGENCY will promptly take any measures necessary to effectuate this agreement.
This R.'lSllfance is required by subsection 21.7(a) (1) of the REGULATIONS.
More specifically. and without limiting the above general assurance, ADMINIS'IERING
.".GENCY hereby gives the following specifIc assurances with respe.ct to its Federal-aid Program:
1. That ADJvfJNlSTER.TNG AGENCY agrees that each "program" and each "fr.c'Jity" as
defined in subsections 21.23 (e) lind 21.23 (b) of the REGULA110NS, will be (with regard to a .
"r-rogram") conducted. or ..ili be (wi.lh regard to a "facilit),") operated in compliance with all requirements
imposed by, or pursuant te, the REGULt1.TIONS. .
?. 'DIat ADMlNISTERlNG AGENCY shall insert the following notification in all solicitations
fllr bids for work or material subject to the REGULATIONS made in connection with the Federal-aid
Program 1\nd, in adapted form, in all proposals for negotiated agreements:
ADMIl'US~...JUNG AGENCY hereby notifies all bidders that it will affirmatively
in$UIe that in any agreement entered into pUi'sul:nt to this advertisement, minority
busine.~s er.lerpnl,e.:; w'Jl iJe afforde:! h;ll opp:l!tunity,to submit bids in response to
this invit:!.tion alill wiil riot be dlscriminatt-..d aznir.st Mthe grounds of race, color,
sex, naDcnal oripr:, r:"ligion, age, or dis:;bility in co!'_~id~ration for an award.
3. That ADMThlSTEPJNG AGEXCY shall insert tbe clauses of Ap~ndix A of this
a.'Sn!':'~.nce in eve~' agre"'::Tier.: sll;:~i(;::~ i,:; the ..4..Cj" 2.'.ld !h:,~ RBG~JI..ATIONS.
4. 11:at tht; :;Jaus.;" ()f f..;>[,cndix B of thi;; I".sWIaU;;t: shall be included as a covenant tunnir.g
with !he hud, ill any deed ,effeclin~ a trr.rsfcr of I~~ p:,:,pc-r.y. $tru(:~t"es. or improvements tilereon, or
interesi !herein.
S. That \"ihe.~ .<,DMIN!STERlNG AGENCY le::e;Ves F~deral fInancial assistance to constIUct
a facililY, 0,' part of a faci1it:" tjl':'A~s\:r;lr.~e~r.~,l: .;xiend I') th: "mire til.cllily and facilities operated in
cor:necl.l:Ju ther~'with.
)
,i:
"
11129/95
G, That where ADMINISTERING AGENCY receives Federal financial assistance in the
form. or fOf tbe acquisition, of real property or an interest in real property, the Assurance shall extend to
righitS to Splice on, over. or under such property.
7. 'That ADMINISTERING AGENCY shall include the appropriate clauses set forth in
Appendix C and D of this Assurance, as a covenant running with the land, in any future deeds. leases,
permits. licenses. and similar agreements entered into by the ADMINISTERING AGENCY with other
parries:
Appendix C;
(a) for the subsequent transfer of real property acquired or improved under the'Federal-
aid Program; and
Appendix D;
(b) for the construction or use of or access to space on, over, or under real property
acquire1, or improved under the Federal-aid Program.
8. That this assurance obligates ADMINISTERING AGENCY for the period during which
F'e<:leral financial assistance is extended to the progr""dIII, except where the Federal fmancial assistance is to
provide, or is in the fonn of, personal property or real property of interest therein. or structures, or
iroprovemenlS thereon, in which case the assurance obligates ADMINISTERING AGENCY or any
Transferne for the longer of the following periods:
(a)
the period during which the property is used for a purpose for which the Federal
financial assistance i:; extended, or for anvther purpose involving the provision of
sL-nilar services or benefits; or
)
(b) the period during which ADMINISTERING AGENCY retains ownership or
possession of the property.
9. That ADMINISTERING AGENCY shall provide for such methods of administration for
the progl'""<<l1l as are found by the U.S. Secretary of Transportation, or the official to whom he delegates
spec'.fic auth;>rity. to give reasonable guarantee that ADMINISTERING AGENCY, other recipients, sub-
. gra."ltee.s, applicants. sub-applicants, tra!lsferees, successors i."l interest, and other participants of Federal
fmancial assistance under such program will comply with all requirements imposed by. or pursuant to, the
At:T. t.>te REGULATIONS. this Assurance and the Agreement, '.' .
. "
10. That ADMINISTERING AGENCY ag~ that the United States and the State of California
have a right to seekjudicial enforcement wit.'t regard to any matter arising under the Acr. the
REGlTCATlONS, an1 this Assurance.
THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all
Federal grnnlS; J')3!lS, agreements, property, discounts or other Federal fmancial assistance extended after
thc date hereof to ADMINISTERING AGENCY by STATE. acti.."lg for the U.S. Department of .
TrlU'.sportation, and is binding on ADMINISr:...RING AGENCY, other recipients. sub granteeS.
appli<:alHs, ~.ub-applicants, transferees, successors in interest and other participants in the Federal-aid
Highway Program.
J
11
11129195
APPENDIX A TO EXHffiIT B
Dnring the perfonnance of this Agreement, ADMINISTERING AGENCY, for itself, its assignees
and successors in interest (hereinafter collectively referred to as ADMINISTERING AGENCY) agrees as
follows: .
(1) Compliance with Re~lations: ADMINISTERING AGENCY shall comply with the
regulations relative to nondiscrimination in Federally assisted programs of the Department of
Trw.s?Qrtation, Title 49, Code of Federal Regulations, Pan 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 pan of this agreement
(2) Nondiscrimination: ADMINISTERING AGENCY. with regard to the work perfonned by
it du.ting 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
matf',dlU~ md leases of equipment ADMINISTERING AGENCY shall not participate either directly or
indil'eCtly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment
practices when the agreement covers a program set forth in Appendix B of the REGULATIONS.
(3) SoJicitations for Sub-al!reement~. Includinl! Procurements of Materials and Equipment: In
all solkitations either by competitive bidding or negotiation made by ADMINISTERING AGENCY for
work to be perfonned under a Sub-agreement, including procurements of materials or leases of equipment,
ead\ po,entiaI sub-applicant or supplier shall be notified by ADMINISTERING AGENCY of the
ADMIN1STERING AGENCY's obligations under this Agreement and the REGULATIONS relative to
nondiscrimination on the grounds of race, color, vr national origin.
(4) Illfomlation and Report~: ADMINISTERING AGE."lCY shall provide all infonnation and
lCpOrtS required by the REGULATIONS, or directives issued pursuant thereto. and shall pennit access to
ADMINISTERD'lG AGENCY's books. records. accounts, other sources of infonnation, and its facilities
as may be detennined by STATE or FHW A to be pertinent to ascer.ain compliance with such
REGULATIONS or directives. Where any infonnation required of ADMINISTERING AGENCY is in
;;le exch.l&ive possession of another who fails or refuses to furnish this infonnation, ADMINISTERll-lG
AGENCY shall so certify to STATE or the FH\V A as appropriate. and shall set forth what effons
ADMTJ'o.ISTERJNG AGENCY has made to obtain the infonnation.
(5) :::a!lctions f(lr Noncompliance: In the event of ADMINISTERING AGENCY's
p.0::1complb.:I';(' v.'ith the nondiscrimination provisions of this agreement, STATE shall impose such
agre:"ment Sit~lCtiOr,~ as it 0': tlle FHW A may dett::mine to be appropriate. including, but not limited to: .
(~) witl1ho~,ding. of pay:r,ems to ADMTh.'ISTERING AGENCY under the Ag:ee:nent until
AD~lSTERlNG AGENCY complies; anelior
('.1 '; ,~ancel!ati.('il, rennination O~ suspension of the Agreement, in whole or in pan.
(0i i.:.!!'Q!4~>i."l.L!,f Fro'.'isioru: ADMOOSTERING AGENCY shall include the provisions or
par.lgr:.1.pl;r, {I} through (6) in every sub-agreement, inciuding procuremenLS of materials and Ir.ases of
equipm,;nt, unies~ t'xempt by the REGULATIONS, or directives issued pursuant thereto.
ADMOOSTERING AGENCY shall take such action with respect to any sub-agreement or procurement as
ST A 11': or FHW ^ may dil;,;ct as a me:ms of enforcing such provisioOlS including sanctions for
nor.complb;..:e, previi.'''c, howe"::r, that. ir. the evcrt: ADMINISTERING AGENCY becomes involved
ir" 0:'[$ i,'uea;enec wi,ll. Ijtigation with a suh-appIic:lIlt or supplier as a result of such direction,
.L,DMll"l1ISTERING AG:.,8CY may reql1:::;t STATE enter into sud. litigation to protxt the interests of
STNf.E, ;;"'J(::. if; addilicr., :','::hII:--1I~T!::RNG AGENCY may request the. United States to enter into ~uch )'
I. . '. f."" 'I' ')' 'S"
Ing;j!t:':'~;1 F} Fr:!l:-";'..l!!C ~:1.le.:":'";=:~ c.: .:~.... :Tirc(~.. .a...":.'o.
...
it
11.'29/95
--....
APPENDIX B TO EXHIBIT B
The following clauses shall be included in any and all deeds effecting or recording the transfer of
PROJECf recl property, structures or improvements thereon, or interest therein from the United States.
(GRANTING CLAUSE)
NOW, TIlEREFORE, the U.S. Department of Transportation, as authorized by law, and upon the
condition that ADMlNlSlERING AGENCY will accept title to the lands and maintain the project
construCit'd thereon, in accordance with Title 23, United States Code, the Regulations for the
AdminiJ3tr<ltion 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
compliance with the Regulations pertaining to and effectuating the provisions of Title VI of the Civil
Rights Act of 1964 (78 Stat. 252; 42 U.S.C. 2000d to 2000d-4), does hereby remise, release, quitclaim
and convey unto the ADMlNlSTERING AGENCY all the right, title, and interest of the U.S. Department
of'Iransportation 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 ADMlNlSlERING AGENCY
and its successors forever, subject, however, to the covenant, conditions, restrictions and reservations
herein (:ontained as follows, which will remain in effect for the period during which the real property or
sttW::tl.U'e,'5l1.re used for a purpose for which Federal fmancial assistance is extended or for another purpose
involvmg the provision of similar services or benefits and shall be binding on ADMlNlSlERING
AGENCY, its su:ccssoi's::nd a::signs.
)
ADMIN!STI~PJNG AGENCY, in consideration of the conveyance of said lands and interests in
12!lds, does hereby co";eo?.nt fJld azree lIS a covenant running with the land for itself, its successors and
assiglls, .
(1)
-"""~-
(2)
that no perso:J shall on the grounds of race, color, sex, national origin, religion, age or
disability, be excluded from participation in, be denied the benefits of, or be otherwise
subjected to discrimination with regard to any facility located wholly or in part on, over, or
under such lands hereby conveyed (;) (and) *
that ADMINISlERING AGENCY shall use the lands and interests in lands so conveyed,
in compliance with all requireme.nts imposed by or pursuant to Title 49, Code of Federal
Regulatiol'.s, Department of Transportation, Subtitle A. Office of the Secretary, Part 21,
. Non-discrimination in Federally-as..~ted programs of the Department of Transportation -
I1."fecttlation of Till.;. VI of th~ Civil Rights Act of 1964, and as said Regulations may be
ame!ldecl (;) 3:1"
(3}
that ir. l1:e event of breach 01" anv of t.~e above-mentioned nondiscrimination conditions, the
U.S. Department of Transporutioll shall have a right to re-enter said lands and facilities on
said land. and the above-described land and facilities shall thereon revert to and vest in and
bc'.come the absolute pro;>erty of the U.S. Department of Transportation and its assigns as
such interest existed prior to this deed. * .
'" Re'ieiU':r dause and related langu::ge to be used only when it is determined that such a clause is
}.c n~n's"'~-Y ir. crlier to efie::tuatc the pl~rpoSes of Title VI of the Civil Rights Actor 1964.
1~
..)
Ij/2j/?5
--'... ---.....
APPENDIX C TO EXHIBIT B
The following clauses shall be included in any and all deeds. licenses. leases. permits. or similar
instrwltleAAts entered into by ADMINISTERING AGENCY. pursuant to the provisions of Assurance 7(a)
of Exhibit B.
The grantee (licensee. lessee. permittee. etc.. as appropriate) for himself. his heirs. personal
representatives. successors in interest, and assigns. as a pan of the consideration hereof. does hereby
covenanl md agree (in the case of deeds and 1eases add "as covenant running with the land") that in the
evem facilities are constructed. maintained. or otherwise operated on the said property described in this
(deed, license. lease. permit, etc.) for a purpose for which a U.S. Department of Transportation program
or l:lctiy:;ry is extended or for another purpose involving the provision of similar services or benefits. the
(granie'.e, licensee, lessee. permittee. etc.). shall maintain and operate such facilities and services in
compliauce with all other requirements imposed pursuant to Title 49. Code of Federal Regulations.
U.S. Department of Transportation. Subtitle A. Office of Secretary. Pan 21. Nondiscrimination in
Federallyoassisted programs of the Department of Transportation - Effectuation of'TItle VI of the Civil
Righ13 At,;l of 1964. and as said Regulations may be amended. .
(Include in licenses. leases. permits. etc.)*
That in the event of breach of a.'lY of the above nondiscrimination rovenants. ADMINISTERING
AGENCY shall have the right to terminate t.lte (license. lease. permit etc.) and to re-enter and repossess
said laud and the facilities thereon. a,ld hold the sa.'!le as if said (license. lease. permit. etc.) had never been
made or issued.
(Include in deeds)"
Th:u in the event of breach of ~y oI th:~ ~.bol't: l1ondlst;:l!:linatioll covenants. ADMINISTERING
AGENCY shall have the right to re-e:!:e: said I::ll.i ana facilitie:;; tkreon. and t.'le above-described lands
and facilities shall thereupon revert to ;:Ild vest in :ll1d be.come Ll}e absolut~ property of ADMINISTERING
AGENCY and its assigns. .
.._.~~-~.._.__..- . ....._._-~ .....---. .._~.. .--
..' Revert::.r ciause end rejat:....d laHr.t~ah: [c: b:: \1:..fQl:.~"l" .;.....h~t it is d:~if:nnir.i;~d that such a clause i~ /
... . d if . . --.,.. '" -. C. "Ri lA f1964
J1ec~ss~=c'Y ,n or e: to e . eC~1Jatf. l!1:".; pi.'ri\n.~~::,:. (:~ 11:.~'-~ ..\ \.~: r.11:"~. ::,,'1t g it..~ ct v .
..(
11/29/95
.-.....
APPENDIX D TO EXHIBIT B
The following shall be included in all deeds, licenses, leases, pennits, or similar agreements
entered into by the ADMINISTERING AGENCY, pursuant to the provisions of Assurance 7 (b) of
Exhibit B.
The grantee (licensee, lessee, permittee, etc., as appropriate) for himself, his personal
representatives, successors in interest and assigns, as a part of the consideration hereof, does hereby
covenant and agree (in the case of deeds, and leases add" as a covenant running with the land") that:
(1) no person on the ground of race, color, sex, national origin, religion, age or disability,
shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in
the use of ~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, pennittee, etc.,) shall use the premises in compliance
with the Regulations. .
(mdude in licenses, leases, permits, etc.)*
Tlu\ in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING
AGENCY shall have the right to terminate the (lice.nse, lease, pennit, etc.) and to re-enter and repossess
) said land and the facilities thereon, and hold the same as if said (license. lease, pennit,. etc.) had never been
made or issued. .
(lnchtde in deeds).
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING
AGENCY shall have :he right to re-enter said la!ld and facilities thereon, and the above.described lands
and faciliiies ~ha11 thereupon revert to lmd vest in and becom~ tlJe absolute property of ADMINISTERING
AGENCY, and its assigns.
RiO VI;,rxr claW1C and related'Ia.'1guage to be used only whee it is determined that such a clause is
n~~"'''-')' in Qrder to effectuate tIle purposes of Ti:le VI of the Civil pjghtsAct of 1964.
)*
15
11/29195
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): .[). -..s -0 I Item # i I
Vote: Ayes I - 'l Nays-e-
Resolution # 2{X) I - 2-g
Abstain .e- Absent .e--
Change to motion to amend original documents:
--
Reso. # On Attachments: -==--
Contract term:
Null/Void After: -
Note on Resolution of Attachment stored separately: -===
Direct City Clerk to (circle 1): PUBLISH, POST, RECORO W/COUNTY Date:
See Attached: .-
Date Sent to ~ :J.-I".-() \
Date of Mayor's Signature: ').- 't- () \
Date ofC1erk/CDC Signature: :;t-~-() \
Reso. Log Updated: v'
Seal Impressed: V
Date Memo/Letter Sent for Signature:
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached:
See Attached:
SeeAtlli
Date Returned:
Request for Council Action & Staff Report Attached: Yes ./ No By
Updated Prior Resolutions (Other Than Below): Yes No --L.. By
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Yes No~ By
Updated CDC Personnel Folders (5557): Yes No t/ By
Updated Traffic Folders (3985, 8234, 655, 92-389): Yes No 7 By
Copies Distributed to:
City Attomey ,,/
Parks & Rec.
Code Compliance
Dev. Services
VEDA
Finance
MIS
Police Public Services
Water
Others:
Notes:
BEFORE F1LING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.)
ReadytoFile:~
Date: ,!)-q-Ol