CC RES 2007-083 RESOLUTION NO. 2007-83
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES
APPROVING ADMINISTERING AGENCY-FEDERAL MASTER AGREEMENT No. 07-5413R AND
PROGRAM SUPPLEMENT AGREEMENT NO. 007-N FOR FUNDING OF THE STREET
IMPROVEMENTS ON HAWTHORNE BOULEVARD AND PALOS VERDES DRIVE WEST
RESURFACING PROJECT.
WHEREAS, before Federal Funds can be made available for a specific program
project, Administering Agency and State are required to enter into Master Agreement No. 07-5413R
thereby establishing terms and conditions applicable to the Administering Agency when receiving
Federal Funds for a designated project;
WHEREAS, Master Agreement No. 07-5413R shall remain in effect until amended or
terminated.
WHEREAS, no invoices for reimbursement of construction costs can be processed
until Program Supplement Agreement No. 007-N is fully executed;and
WHEREAS, Program Supplement Agreement No. 007-N shall remain in effect until
amended or terminated.
NOW, THEREFORE, the City Council of the City of Rancho Palos Verdes does
resolve as follows:
Section 1. Administering Agency — Federal Master Agreement No. 07-5413R is hereby
approved and the Mayor and City Clerk are directed to sign on behalf of the City.
Section 2. Program Supplement Agreement No. 007-N is hereby approved and the Mayor and
City Clerk are directed to sign on behalf of the City.
Section 3. The Mayor is hereby authorized to affix his signature to this resolution signifying to its
adoption by the City Council of the City of Rancho Palos Verdes, and the City Clerk, or his duly
appointed deputy, is directed to attest hereto.
PASSED, APPROVED, AND ADOPTED hi: •ay of July ,;1 07.
ANS/
Mayor
Atte t: Q__m
(:1A-6- PCILea& ,
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above
Resolution No. 2007-83 was duly and regularly passed and adopted by the said City Council at a
regular meeting held on July 17, 2007.
g ,7 CA,
ita_ /A0-1,Aftet_
City Clerk
x
s
a
ROGRAN STIPpL
to Date.:June
08, 2007
X1STL?PIN(; AG
ENCY-STAT.,B :AGREEMENT Location *-.07._LA_0.,R0PV
FOR FEDRRA3b -p ►+ RJEN.. p j � t 'umber '°:,- i( .
54 )
E. A. Number 07-9-32916
This, Pr 19r ill, Stipp! neat hereby. inc .rates :� .
Ad
a. terin ..-9Q, CY =Stat
hetwrceh the d ni. i0ering ►: nc. n e n.en cr ederal did . ' r
Skate o chntere into
u ion e ec t ;, 1.) + aid s su i t , {:
ed n a ..�►rdi u % ixti ''th r d, e r d: L u s thereof, T is :fro
Z0 '` Agreement ender a uthorit . Res k grain,
. r : h the t dM 1.steri ens .. a .
The :d ii.ui terir� � �i
cucy further stipulates. that �s a c� ditior� t�� the a. ���.t � r
y Stag d an ani s derived f`r
e e�� ���i�,��ted t t:�� �ru�t, the �:.c���is���rz��� �.euc e� *�- t u
W. sources unte€t
n the Owing a es. � � ;� ���� ���Ii c � l with the : e i�l �Ovellants or i e � �-k� ��t:
h
PRO
11awthome 1. Si hvre.r' S'Pur :.d to L; B t'�a ��� e deg :fir W.
Golden Cove. Cel.1ter . ' � t a t . ome l N1-/B-PV D� W.:i awthame
B to 4011 South Of
TYP
OF WORK* Asphalt crete Overlay
LENGTH MILE )
Estimated Cogst
od ra Funds:
M tch ands
L230
-
S .o ( }0
FOCAL
i I63,00 .00 OTHER. n]
0.00
CITY OP R"CH:
SR':
pf RV
Transportation
k
Y
:i f, Office of Pro: ject Implementation
D" isiOn Lo
tt:s
Dato
here cart u
n my personal howled a that bu 9�eted f�und� are a�^a.� 1A%1e far th .s
Accounting Of
:.
Date �
chikptex em $6_73j)00.00
:ar Progr BC.
a t Q
47 2006 � ry Fund Sq oia r c e AMOUNT
8
E7
90 20.06 -200 20.30,010.810
8 92 F 673,000.00
a
1 of
0.74,AwO-RO.P.v
06/08/2007
STPL-541..3-(007)
p
-SuPplement�07-541�R-NO07- ISTEA Page 2 of 3
07-;4A-'0_R-0p`
V
ST- 41 3
PL54
1 (007)
SPECIAL COVENANTS OR RE14ARKS
06/08/2007
reversion date wIll nOt be paid f
rom that f
I-Scal year
encumbered funds because �all of
g these unexpended ful
irrevocably reverted nds wiI I be
...by the DepartMent.1a DiVISILon
on that date Of Accounting
It nO co.sts have been invoic-ed f
or a sixmonth: er'
)MMIXISTERING AGENCY agr P iod,.
ees to sUb.-r,'
a
It for each. phase a written
explanation of the absence 0
f P.ROJ,ECT act�*ViLtY .long -with target
b. I* I-ling date. and tar -get billin
.q am.. unt
Program SuPPI emery t 07.,5413R-NO07-. I , STEA
Page 3 of 3
MASTER AGREEMENT
"s
ADMINISTERI.NG AGENCY--STATEAGREEMENT FOR
FEDERAL�AID PROJECTS
.07 OtY Of Rancho P
alos Verdes
District, Ad'
Mnister'ng Agency
Ag*reernent N. 07-5413R
ThiS AGREEMENT, is entered 'Into ff
e ective this 1- .4. day of I
by and
2007
between the City of Rancho Palos Verdes,: hereinafter referre
AGENCY, 0.1 and the State of C alifornia acti d to as "ADMINISTERING
...ing by and through its.Department of Transportation
(Caltrans), hereinafter referred -to as. "STATE, and toget6 r ref rred to as "PARTIES"
0 _e or
individually as a "PARTY,"
RECITALS-,,i
WHEREAS, the Congress of the United States- has enacted the Intermodal Surface
Transportation, Efficiency- Act (18-TE of -991 and subseque-nt Trans ortation Authoriz
A) 1
to fund transportation programs. These trah' sportation program. p ation Bills
.S.Urface Transportation Progra. s include, but are not limited to, the
m (STP), the Gongestion Mitigation and -Air Quafity Improvement
Progmarn (CM )., the Transporation Enhancement Pro-gram. (TE), Hi hway Safety Im
Program (HSIP) and the Highway Bridge Pro gra (HBP) 9 provement
m collectively the "PROG*RAMS11)
and
2. WHEREAS. -t
.he L egai !at .
S u re of the State o Califor
ni *a has enacted legislation by which certain
fiaderal--aid: funds may be mad availa
e ble for use on local transportation related pro*
jects of: ublic
entities qualified to.act as.reci.pients of*.these federal-aid funds in
', accordance with the inte of
federal law and i ht
3. WHEREAS, before federal-funds Will be made . available for a spe I
AD cific Program project,
VINISTERING AGENCY and STATE.� are required to enter into an agreement to establist-,
terms and conditions applicable to the: ADMINISTERING AG.ENCY when receiving federal funds
for a.. designated PROJECT it - an
facilny d to the subsequent operation and maintenance of that
m pleted. �facilfty..
:N'OWI THEREFORE, thePARTIES
agree as follows:
Page I of 26
0
ARTICLE[ - PROJECT ADMIN.IS-TRATION
This AGRE --0 -or e
EMENT S:ha:ll have. no fbrc
until a project-specific 'Program. Su ct with.revect to any program project unless and
Plement -to th'
P Is AGREEMENT for federal-aid pr � efects herein. 0er referred to as PROGRAM SUPPLEMENT.., has been fully executed by both STATE
ADMINI and MINIS ERIN AGENCY.
2. The term "PROJECT". -as used h 'r * i
e e n,. means that authorized transportation related p r0J Ject and
related activities financed in part with federal-a^d funds as more fully-described in an
Authorization/ Ageee-ment Su
..mmary" or "Amendment/mo 6fic *1 1
ation Summary' he herein fereed to
. re
as 'E-76" or "E-76 (MoD)" doc urn e
nt author*
Ind by STATE or the ra Administration (FHWA). I Highway
3.
Thy'
76(AMOD) shall desi -e Pa� rep pon sible for imp.lernenting PROJECT, type
gnate: th
of work and location of
PROJECT*
ADM.11NISTE RING AGENCY ag . re
.eS to execute and return each Project - specific PROGRAm
SUPPLEMENT within ninety (q days: of
receipt, The. PARTIES a r ee that STATE may: suspend
future thorizations/obligatlons and invoice P
P r 0*1* e ayments for any ongoing or future fed'eral-aid
Ct performed by ADMINISTERING AGENCY if any proJect-s-pecific PROGRAM
SUPPLEMENT -is not returned within: that nine day period unless otherwise agreed by
STATE .in writs
ng..
6. ADMINISTERING AGENCY further agre
es, as a c.ond.ition.. to the release and payment of
-Fedetal funds encumbered for the PROJECT described in each PROGRAM SUPPLEMENT, to
Comply With the terms, and conditions of
this AGREEMENT and zil of the agreed-upon Special
Covenants or Remarks Incorporated within the PROGRAM
wi h SUPPLEMENT, and
Cooperative/Contribution Ag ),nt where a
reeme Ppropriate, defining and n ide tify**ng the nature of the
I
specific PROJECT.
7. Federal., State and
matching furs ill not participate In PROJECT work performed in advance
I u w
of the a proval of the E-76 or E-76 (AMOD), unless otherw*
P. Ise stated in the exeGuted project-
.8 ciflc PROGRAM SUP
ple PLEMENT. ADMINISTERING AGENCY are that it will only proceed
with the work autho *zed for that s edf- h se (s) on- the pr
.171 P tJc,p...a oject-Spedific. E-76 or E-76 (AMOD),
SIN ST RING AGENCY further agrees to not proceed: rich future phases of PROJECT prior to
receiving an E-76 (A.MOD)' from STATE for that phase( unless no Further
S Federal funds are
Page *2 of �26
needed or for those futu
phase(s)..
8. That PROJECT or portions thereof, must be included in a federally approved Federal Statewide
Transportat-ion ' - Im
provement. Program (FSTIP). prior to: ADMIN1STERING AGENCY submitting the
.for or A.uthorization"'.
9. ADMINISTERING AGENCY shall conform to all State: statutes, regulat and procedures
Oncluding those setforth in ions
i the Local. Assistance Procedures ManuW and the Local A S-sistance
Program Guidelines, hereafter coflectively referred to as "LOCAL, ASSISTANCE PROCEDURESli
relating to the federal-aid program, all Title 23 federal requirements) and all applicable federal
laws, re.gulations, and poli
cy and procedural or instructinl
o memoranda unless otherwise
a
speciflGally Waived as designated 'in the executed pr Je -sPec • ic PROGRAM SUp
0 Ct If PLEMENT.
0. If PROJECT
is not. on STATE-owned ri',.ht. of way, PROJECT shall be constructed in
accordance with LOCA.L ASSISTANCE. PROOEDURES that d c n"bes mini
i- -imurn statewide design
standards for local agency streets and .roads. LOCAL ASSISTANCE PROC
EDURES for projects
off the National Highway Svstem (NHS) allow STATE.
statewide d to accept either the STATE's minimum
esign starid.Ards or the approved geometric design standards of ADMINISTERING
G NC . Additionally, 4or r *ects off the NHS STATE w*l
P 01 1 .., i I accept ADMINISTERING AGENCY-
approyed standard specifications, standard plans, materials sampling and test*
ing quality
assurance prograMS that meet the conditions Aes ribed -n current LOCAL ASSISTANCE
C in the the
PROCEDURES.
11. if PROJECT -involves -work within or partially within STATE-owned right-of-wa that
PROJECT ii also be su" y
bject -to compi*
iance withthe Policies. procedures end standards of the
.STATE Pr 'ect Development Pr ed I I a
0J roc ures, Manual and H'
ighway Design Manual and where
appropriate, an executed cooperative ag,reement be
tween STATE and ADMINISTERING
AGENCY that, Outlines the PROjECT re spun sibili 'es and respective obligations of the PARTIES.
ADMINISTERING AGENCY and s'
it contractors shall each obtain an en
roa
- %hment permit
cc
through STATE pri or to commencing and work wit , hin STATE rights. of way or wo
rk which affects
STATE facilities..
12. When PROJECT 'is not on the State Hi hwa in
9 Y' System but' cludes w ork to be. Performed by a
railroad, the contract for such- work shall be Prepared by ADMINISTERING AGENCY or by
STATE, as. the PARTIES may hereafter agree. In- either event, ADMINISTERING AGENC
Y shall
enter in a
M agreement with the railroad providing for f
Uwe maintenance of e de
prot ct* ive vices or
other, faculties installed under the contraro,
1.3. If P110J ACT` is u . n,g STATE funds, theDep rtmen of General Services, Division of the State
a t
Architect, or its designee, shall review the contract PS&E for ti -1dings,
e construction of bul
structure, sidewalks, curbs and related f cilitie ,
a- s� for accessibility and usability. ADMINISTERING
.AGENCY shall not award a. PROJECT -construction contract for these ty es of improvements unto
P
the State Architect h * i
..as issuei. wrNft sta.inq that the
r en appr va t
at CT plans and specifications
comply with f
the provisions of 4450 and 4454 of. the California Government Code 1
applicable. Furtherrequirernents and guidance are 'ded� in Title 24 of the California Code of
provi
Regulations.
14. ADMINISTERING AGENCY will advertise ,. award -and admihister PROJECT in.accordance
with the. current LOCAL ASS[STANCE PROCEDURES unless otherw stated in t w* js,e he executed
Page 3 of '26.
-spec*
project SUP-PLEMENT.
ific PROGRAM
15.. ADMINISTERING AGENCY shall prov* 4
ide or arrange for ad quate. s .
e u. -upervis ndinspection
on a
of each PROjECT.. While consultants Ma form supe rVision nd pection work for
PROJECT with a fully quald'ed -and ficensed en veer ADMIN
ISTERING AGENCY shall provide a
full-tirne employee to be in responsible char e of $ '
. 9 each. PROJECT.
1:61K ADMINISTERING AGENCY shall submit PR0JECT-specific contract award documents to
STATE' S* District
Local Assistance Engineer W ithin it (60) days. after contract award. A copy of
the: award documents shall also be included� with the submittal Of th.e firstinvoicea for a construction
contr ' act.� by ADMINIST01ING AGENCY: to: Department of Transportation-, ti ii *I s*on of Accounting
V
Loc
al
Pro am Accounting :Branch, MS #33 PO Box 94287 *4 Sa nto California 94274-
crame
0001
17. ADMINISTERING AGENCY shall submit the final r
port documents that
e
collee-tively constitute
.a "Report of Expenditures." within one hundred eighty (180) da
Ws of PROJECT completion. Failure
by ADMINISTERING AGENCY to -submit a "Re rt of
P.0 Expenditures" within one hundred
eighty(180.) days of project. com. I fio 41 resuft i n STATE
pet n Wi
imposing sanctions upon
ADMI.NISTERING AGENCY in ac o. -with the current: LO
ardance CAL ASSISTANCE
PROCEDURES.
181 ADMINISTERING AGENCY -shall comply wit " h.: �ffi -section 504 of the Rehabilitati n Act of 1973
0
which Prohibits. discrimination 'on the ' b' is of d4 b it, 6derally assisted arris- (ii) the
i sa ifi.n f
y i
prr og
Americans with Disabilities Act. (ADA) of 1990 which prohibit : d*scr'mination on the basis of
disability irrespective of f
.unding; and NO all apPlicable regulatio n s rid guidelines issued pursuant
a
to both, the Rehab-ilitation Act and1he FDA.
1.9, Th Co
e ngr of'the.
.ess
I e es the Legislature of the
Unit d Stat
State of California and the Governor
of the State of California, 'h ith'n their respective ju,
.. .4 .. * . .. eac w nsdictions, have prescribed certain
nondiscrimin - fi qux- - - ts... with air re tremen h respe t to co ether work financed with public funds.
C ... ntract and ot
ADMINISTERING AGE NCY
agrees* to comply with the req uirem
ents. o
.f the FAIR EMPLOYMENT
PRACTICES DE - NDUM (Ex►ibit. A. attached hereto) and the: NONDISCRIMINATION
ASSURANCES,(exhibit 8 affached , h* re ). ADMINISTER-ING AGENCY
e to
agreement entered into by ADMI further agrees that any
NISTERING AGENCY with a third party for performance of
PROjECT- related work shall incorporate Exhibits A and B (with third party's naMe re lacing
p
ADWN.18TERING AGENCY) as essential parM -of such agr9ernent to be enforced by that third
party as ve ified ADMINISTERING AGENCY,
0 by
.Page 4 of 26
ilk
0
ARTICLE 11 - RIGHTS OF WAY
40
No c
ontract for the construction f a federal-aid PRO -1 be arded Until all necess
0. 1 JECT shal aw
ary
rights, of way have been secured., Prior to. the. advertisina for co., structi
n on of PROJECT
ADMINISTER]NG AGENCY shall certify and,. U I
upon request, shall f rn*sh STATE. With evidence
that. all necessary right' of way are available for construction. p
S urposes or will be available by the
time -of, award of. the construction contract,
2. ADMIN.I.STERING AGENCY .s to i
agree ndemnf -ATE ha .1 ss from any liability
y and. hold ST rm e
that may result in the event the right of way for a PROjECT . , Including, but not
limited to, being
clear as certified or if Said. right of way is found to containhazardous materials requiring treatment
or remove to reined ate in accordance with Federal and State laws. frn
T e:u hi
'sn of right of way
h j g
.as provided for herein includ
es, in addition to all real
Property required for the PROJECT, title free
And clear of. ob.structions and encumbrances affect
appil. in g, PROJ.ECT and the payment, -as required by
1cable law, of relocation costs.,
and darna es to re ind& real property not actually taken but
injuriousl' affected by PROJECT.
y ADMINISTERJNG
AGENCY shall pay, from its own non-
mat c* fun.ds- any cos 0 -delays to the construction of PROJE
hing ts which ar*
Ic ise ut of
CT because
utility facilities have not been timely removed or relocated,, or because rl'ghts of way were not
available to ADMINISTERING AGENCY for the orderiv Prosecut'
ion of PROJECT work.
54 Whether or not -fed.eral-aid� 'is: to be requested: for ht of w
ng My, should ADMINISTERING
AGENCY *ring- right of wa
in- acqui y for PROJECT, atspla an in
dividual family, business, farm
ce
on
operab
J., or non.profit Organization, relocation payments and erne will be provided as set
'forth in 49 MFR,. Part 24. The public. will be adequately *
which 1 informed of the relocation payments and
services wni.cn will be :avaflable, and, to the greatest extent practicable, no person lawful
e ly
OCCUPying re.a.1 DrOpOrty shall be required to move from -his/her dwelling or to move his/her
u
business or farm operation without at least ninety: (90) days written notiGe from ADMINI-STERING
AGENCY, A._.DMfN.lSTER AGENCY will provide STATE wit
h specific assurances, on each
ion of: the PROJECT that no person: will be disp
P laced until comparable decent, safe and
sanitary rep*l.a'ceme.rat housing is a il. abl within a rea
sonabl
,piod of time prior to displacement,
and that ADMINISTERING A.A3ENCY's relocation, program is realistic and adequate to provide
Page 5 of 26
on -er y, ime y n
and effi 'ien: re bn o
PC Pi. locati I PROJECT- diA s aced -as provided in 49 CFR
persons.
Parts- 24. I
6..A .DM -INISTERING AGENCY shall, along with .rec rdi
0 ng the deed or instrument evidencing tifl.e
in the name of the ADMINISTERING AGENCY -or their asgignee hall also record an Agreement
Declaring Restr*ct*ve enan't (ADRC) as a se-parate. d
11. 1 1 GOW: s, 0G.U.ment in the assurances
inc-luded within Exhibits A and B and Appendices A,, BI C and D of t e AGREEMENT, as
X_ h
appropriate.
Page
ARTICLE III - MAINTENANCE AND MANAGEMENT
ADMIN18-TERING AGENCY will maintain and operate the property acquired, developed,.
constructed, rehabilitated, or restored
by PROJECT for its intended public use until such time as
the parties might amend this. AGREEMENT t6 otherwi-se.
ADMINISTERING AGENCY or its su :y * i provide, With the approval of STATE,
ccessi rs in nt.erest *In the PROJECT property may transfer
thi's obligation and resp'ohsib iii ty to maintain and oper :t
e..
ubfic.purpose to. another pubffc- entity,, PROJECT property for that intended
2. Upon ADMINISTERING AGENCY'S acceptance of the completed federal-.ald construction
contract or upon �contractor being relieved of the responsibility for maintaining and prot e ctinc
PROJECT, ADMINISTERING AGENCY will be
responsible for the maintenance, ownership,
liability
and the expense thereof, for PROJECT in a manner satisfactory to the authorized
fePresentatives: of STATE and FHWA and If PROJECT fa.11s:- w" I
another Ac Rhin the juri.sdictiona-I limits of
genc the duty of ADM*
Y or Agencies �it; i
1,1 is 1NISTERING AGENCY to facilitate a separate
maintenance agreement(s) between itself and the of h er *,dictional Agency or Agencies
juns
provi'din'g.. for the -o operation, mainte i '11ty
V nance, ownership . end I albi., of PROJECT.
Until those
agreements are executed ADMINISTERING AGENCY will be res
.4 ponsible for all PROJECT
operations, maintenance-, owners.h-*
1p and liability in a manner satisfActory to the authorized
representatives of STATE' and FHWA, if within nine (90) days
ftr
ae
ty receipt of notice from
STATE th -at a PROJECT, or any portion t
hereof , is not being properly -operated and. maintained
and ADMINISTERING AGENCY has not satisfactorily re.medled thi properly' conditions complained of, the
aWroval, of future. federal.,.aid ects of ADMINISTERING AG be wfthbeld until . the
proj
AG ENCY W.
PROJECT shall have been. put in'a condition of operat*
ton and maintenance satisfactory to STATE
and FH this 4jon s
W& The provisions of se.c.t' hall not appl'
through due ss flaw'. withSTATEt. V to a PROJECT that bas been. vacated
. proce o s concurrence..
3. PROJECT and its facilities sh.all be maintained by :an adequate and 11-traine
we d staff of
engineers and/or such other Professionals and technicians as PROJECT reasonab
ly requires.,
Said pectin : end maintenance staff may be e rn plo es of ADMINISTERING AGENCY, another
ye
Unit of government, or a Contractor under agree ment with AD MINISTERING AGENCY. All
maintenance will. be performed at- regular intervals or as required for efficient operation of the
complete PROJECT .improverrientsA.
Pa'ge of 26
ARTICLE 1V - FISCAI_i PROWSION�S
I. All contractual obligations of STATE -are subje*t to the appropriation of resources by the
c
Le is
gl. --lature. -and- the al at
.loo. - I
.k.on of resources by the -California. Transportation Commission (CT C).
2. STATEtS financial commitment of Federal Funds Will occur only upon the execut'on of this
AGREEMENT, the authorization of 'fic E-76 or E
the proje0t-�.speof -76 (AMOD), the execution- of
each *ect-specific. PROGRAM S P
Proj ..0 PLEMENT, and STATE's ved finance letter.
appro
3. ADMINISTERING AGENCY may submit -signed dupl*
lCate invoices in arrears for reimbursement
of participatin
9 PROJECT costs on a monthl.
e
.y. or quarterly pro gr - ss basis once -the: project-specific
PROG-RAWSUPPLEMENT has been executed STATE.
S.Invoices -shall be submifted on ADMINISTERING AGENCY *letterhead that Includes the address
of ADMINISTERING AGENCY and shall co ance w
be formatted line 'rd ith LOCAL ASSISTANCE
PROCEDURES..
6.. I.nvoices must have at least one copy of supporting backup d. ocurrientation for costs incurred
.and clairned. for reimburseme nt b AD
n W MINISTERI.NG.: AGENCY. Acceptable backup
documentation includes, but is not limited to, agencvV progress, payment to the contractors,
copies -of cancolled cheoks:showing amounts m * de payable to ven-dors and contractors, and/or a
a
computerized summary of PROJECT co ts:
S
Yments to ADMINISTER[NG AGENCY can onf.v be released 'by Sl TATE a
reim bursement of
s.
actual all-ow-ablie PR
OJECT costs already incurred and Paid for by ADMINISTERING AGENCY.
8. An Indirect Cost Rate Proposaf and Central Se rV ice Cost ill ocat .*on Plan and related
docu.me.ntationa.re to be provided to S TATE (C*alt ns Audits & Investigatilons) a
n u ly for review-
n al
and approval prior to. ADMINISTE ' RING A. GENCY se kin.g. -mburse-ment in irect cost incurred
e i rel of' d
within each fiscAl.--vear being clai'med for federal re" bursem:entv
.9. Once RROJECT has been awarded, STATE -reserve . S. the -n-*. aht to de-obligate any excess
.F,edera] Fu; nds* from the construction phase of P
ROJECT if the -contract award amount is lass than
the obligated amount, as-sho
Wn on the PROJECT E-76 or.E46 (AM OD),.
STATE will withhold* the greater of: either two (2) percent of the total of all Federal Funds
r
encumbered for each PROGRAM SUPPLEMENT or * ADNI-S- TE RING AGENCY
$40,000 unti 1 MI
submits the Final' Report of E penditures fo 'orn leted PROGRAM SUPPLE , MENT
PIROJECT. X r orris P
Page 8,:of 26
I I The -estimated total cost of PROJECT
the amount of Federal Funds obliqated, and the
required matching funds may be adjusted by. 'Mutual consent . of the PARTIES hereto with a
fin,ance letter, a detailed estfma'te I if requ.ij
red., and approved E 76 (AMOD). Federal-aid funding
maybe increased to .cover PROJECT cost incraes if
e uc _ nds are: av * ilable and FHWA
s only s h f U
a
concurs with that increase.
12. When additiona[ fiqdwal-aid funds are not available ADMINISTERING- AGENCY agrees that
the payment. of F
edoral Funds. will be limited to the amounts authorized on the PROJECT specific
.E-76 E-76 (AMOD) and agrees ;that any increases in PROJECT costs, must be defrayed with
ADM[NISTERING AGENCY'S own funds.
13, ADM
INISTERING. AGENCY shall use its -owe . non ederal.Fuhds to finance the local share of
-eligible costs and alt expenditure. i
s or contract items ruled ineligibl for fina with era e ncing
Funds. STATE shall make the determinati n of ADMINISTER.
1 10 ING.AGENCY's cost eligibility for
federal fund financing of PROJECT costs..
14 - ADWNISTERING AGENCY will reimbu'r-se STATE for STATE4s share of c-o s
Performed. by STATE at the request of A ITT.' . -st- for work
DWNISTERING AGEN.C.-Y. costs- shall in lude
I c
overhead assessments in :accordance with section 8755.1 of the State. 0
Administrative Manual,
5. .17ederal ,end , state funds all ocaled f
rom the State- Transportation Improve
r e-t Program (STIP)
n n
are subject to the timely us e of fun provisions enactebSenate BI ll 45Y
approved in 1597 and
subsequent ST IP Guidelines and State
procedures approved by the CTC and STATE.
16. Federal Funds encumbered for PROJECT are ava flable for li u'
idation: for a period of seven (7)
years from the beg**nn':
1. -1 of the
nc State. fiscal . year: the funds were app State Budget.
ropriated in the
State. funds- encumbered for PROJECT are avai'lable for liquid
t"
a ion only for five (5) ea from the
y rs ro
.ginnina of the State_ fi sciat tho funds were appr* p,
year o date in the State Budget. Federal or
state funds not liquidated wlthin to pe "ods VIII
b e reverted unless an Co iv Work
n
Agreement (CW`) is submitted by ADMINISTERIN operat .. e
G AGENCY :and approved by the California
De.
anti t -of F* (per Gove! ment Code
,pa n inance M
section 16304).. The exact date of fund reversion
VIII be reflectied in the, STATE z'
igned finance letter for PROJECT.
17, Payments to ADMWISTERING AGENCY for PROJECT.-related travel and sub en ce r (pe
sist
diem) expenses of ADMINISTERING AGE forces.
and its contractors and subcontractors
k
claimed -foe reimbursement or as.local match credit shall not exceed r 'zed -to be paid
ates authoh
rank and file STATE. employees under current State Department of Personnel Admin1 #strati
. on
�(DPA)� rules. If the rates
invoiced by ADMINISTERING AGENCY are • in
excess of DPA rates
A.DMINISTERING AGENCY is responsible 'for the c I
ost difference, and any overpayments
inadvertently paid by STATE shall be reimburs-ed to STATE by ADMINISTERING AGENCYon
demand within thifty (30) day,5.of`:SQGh invoice.
18.. AD: MINISTERING. AGENCY agrees to ooh -of Management and* B
i
ply w. th Office
udget (OMB)
Circular A. 87, Cost Principles for- �Stttte and L -ne: *ts, and 49 CFR, Part
ocal Governt n
18, Uniform
Administrative Requirements for Grants and Coo pprat" "ve Agre me
e nts to State. and Local
Gove-mmen S.
.. nt
Page 9 of 26
19. ADMINISTERING AGENCY agrees, and will assure that its contractor
sand subcontractors will
be o'bligated to agree that (a) Co ra
nt Ct Cost PrincpIes
and Procedures, 48 CFR, Federal
Acquisition Regulations y stem, Chapter 1, Part- 3:1, et seq ..hall be used to determine thoa
s
allow- bility- of n-di PROJE T c -(b) those: parties shaft c mply with federal
a ny I Ivi C ost. items- and
0
administrative procedure s. in accor. ance with 4 18, Unifo m Adminis Ive
d w
- 9 CFR Part
r trat*
Requirements for Grants and. Cooperative Agreements to. State and Local Governments. Every
sub recipient receiving PROJECT* funds as a contractor or sub-contrwor under this
AGREEMENT
all Comply with Federal adrri4ni trativie procedures co d th 49 C.FR
1, is in ac r ance wi
Part 18, Uniform Ad min istrative Requirements for Grants- and Coo
and Local Governments. perative Agreements to State
20. AnOjECT costs for which ADMINISTERING AGENCY has received payment or credit
that are: determined b subsequent audit: to- b
y e unallowable under M. Circular A-87 48 MFR
.Chapter 1 1 Part: 31 or ST.
49'CFR:, Part 18 are s
ubject to re by ADMINI ERING AGENCY
to STATE. Should ADM:INISTERI.NG AGENCY fail to reimb ar e e moneys due STATE w*
ithin thirty
30 days. of demand, or with"n. such other perod a
P s may be agreed in writing between the
PARTIES hereto.. STATE is authorized to intercept and
withhold future payments due
ADM,INISTER.ING AGENCY.from STAT I A b*
E or any third-party -source, i - of I'mited to,.
the State Treasurer, the State Controller and the CTC. ncivaing but n I
21. Upon written demand. by STATE, an y* overpayment-to ADMINISTERING AGENCY of amounts
invoiced to STATE shall be returned ,to STATE..
22.. Should AD I
MIN: S ERING AGENCY fail to refund any more due. STATE as. provided.
hereunder or 6 should ADMINISTERING AGENCY breach thisAGREEMENT by fa ailinc-i to complete
PROJECT without adequate Just* icati o n and app- oval by STATE then., Within thirty 30 da s of
U f r
y
demand' ith* other period as may be agreed to in wrifing. between the PARTIES,
or with* such
STATE, act" - in g through
the State Controller, the State Treasurer, or any other pu bl ic entity or
agenc .. may withhold I
Y or.dernand a transfer of an amount equal to the amount paid by or owed to
STATE from future p r 1i' ts. or:any.other fund d o
ADMINISTERING AGENCY from the
apo onmen S ue
r
av .9b� T Users ax Fund or any other sources of funds., -and/or may withhold approval of future
ADMIN*1STE:R.I.N'G AGENCY.federal-aids projects.
23. Should ADVIII IST�RING AGENCY be declared to be in breach of this AGREEMENT or
otherwis in default thereof 'by STATE,, and if ADMINISTERING AG-ENCY is constituted as a joint
Ise ef
powers authority, special district, or any other public entity not directly receiving funds through the
State Controller, STATE. is authorized to obtain re-imbursement from whatever sources of funding
are available in I di ing or
I c u. n the withhold' trans C, le IV - 22, from �those
9 r of funds, pursuant to Arti.
constituent entiti
es -comprising a joint powers authori� or by brie
ADMINISTERING AGENCY or ging of an action against
STATE hereunder. its - constituent member entities, to recover all funds prov.ided by
24. A.D..MINISTERING AGENCY acknowledges that the signatory. party represents the
ADMINISTERING AGENCY
and further warrants. that there 'is n Wng ot 1
within a Joint Powers
Agreement, by which ADMINISTERING AGENCY was created,
if any exists, that would restrict or
otherwise limit ST, TE's ability to recover :State funds ImPropetly spent by ADM
IN[STERING
AGENCY in contravention of the terms of this AG-REEMENT.
Page 1.0:of 26
ARTICLEV
.AUDITS., THIRD. PAR' CONTRA C
Ty T-ING.t. RECORD.S RETENTION AND REPORTS
I - *STATE * reserves. th& right t to conduct technical and financial audits of PROJECT work and
records when deter 1 ed to ecessary or- ap �ro date and ADMINISTERING AGENCY agrees,
min be n P P1
and shall require 'Its contra � I
ctors and subcontractors to agree, to cooperate w'th STA
I TE by making
alf appropriate. and relevant PROJECT records available for audit and copy'
paragraph three (3) of ing as requi.red by
ARTICLE V.
2. ADMINISTERING AGENCY its contractors
nd subcontractors shall establish and maintain an
-acc-ou nVing system and'. records that. Oroperly accumulate:
and segregate incurred PROJECT costs
and Matching funds by Iin i rn e fte -for -'the:* PROJECT.
The accounting system. of ADMINISTERING
AGENCY - * —
its- contractors and all subdontractors shall conf rm: to Generally-Accepted Accounting
0
Principles, enable the .determi.na ton of incurred costs at inte,orn points of Completion acrd nd provide
support for reimbursement. payment vo►uChe.rs or invoices sent to or I paid by STATE.
3. For the purpose.. of determining: compliance With Title 21, California Code of Regulations,
Chapter 21., ction 2500 et se when app i
se i ficable, -and Other matters connec ted With the
performance of ADIVINISTEWNG AGENCY's contracts With th-ird. Parties, ADMINISTERING
AGENCY
-ac
,ADMINISTER..ING AGENCY.S.contr tors and: subco*
n rs.,. and STATE shall each
tain an ke available. for inspection and audit al-I books, documents papers acco
main d.ma
untina
records, and ther evideame pertaining to
the performance of :such contracts, includ'ing, but not
limited to, th ea costs. of . administering -those vane
the above reference , d pa rttes
ous contracts. All of
shall make such. AGREEMENT and PROGRAM SUPPLEMENT materials available. at their
respective off, all * *
i es at r easonable times during the. entire PROJECT period and for three (3)
years from the date of f* -to ADMINISTERING AGENCY
inal payment
under any PROGRAM
SUPPL.EMENT', STATE.. the Ca l* orn a St
if .0
i ate Auditor,. or any duly authorized representative of
STATE -or the United States, shall each have access :to any books, records, and documents that
are pertinent to a :PROJECT for audits,. examihation's excerp t and transactions and
ADMINISTER-ING AGENCY hall furnish epl thereof if requested.
es
4. ADMINISTERING AGENC
Y is required to have an audit t in accordance with the Single Audit Act
of 0MB:Circular A7133 if it a.
i i. re a`total 6f:$500.,000 or more in Federal Funds 0
in a single fiscal
year. The Federal Fun
ds * received under a PROGRAM SUPPLEMENT are a part of the
Catalogue of' Federal Domestic Assistailde (CFDA) .20.2.05,.. Highway
Planning nd Research.
.5. ADMINISTERING AGENCY,a to inctude all PRO'
gree GRAM SUPPLEMENTS adopting the
terrn$ of this AGREEMENT in the .schedule, -of pr "ects. to be exa ed- in ADMINISTERING
0j, min
AGENCY's annual -audit and.. in the schedule 6f 'ects
pro to be exam * unde its
i fired` sincile audit
pr par inaccord' ance w th OMB Circular A-1 33.
i.
6.. ADMINISTERING* AGENCY shall
not award a construction contract 'Over $10,000 or other
contracts ove.r $25,000 x 'lud" fes ional service tracts of the t 'pe which are. required to
e c ing pro s. con y
be produred.fn accord an
ce Government Codesections 4525 (d) and (f) on the bas's of a
noncompetitive negotiation -fbr work t-6 be performed uradar this AGREEMENT without the prior
written: approval, of STATE. Contracts awarded by-- DIVIINISTERING AGENCY' if intended as
A
local match credit, must rneet,th
,match funds. e requirements set forth '!in this. AGREEMENT regarding local
Page 11 of 26
84 To be eligible for local match re t,. ADMINISTERING AGENCY must ensure that local match
funds. used fora, PROJECT meet the fiscal.
same mann:er as required of Provisions requirements outlined in ARTICLE IV in the
alLother PROJECT ex ndi
pe itu re s.
I pre . nt
In addition* to the above., -the -awa rd
reawreme s. of third-P a rty contractor/consultants with
ADMINISTERING AQENCY: sho I
u d be orite. wi
ISTANCE PROCEDUR-tZ5.
Page 12. of 26
ARTICLE- V1 FEDERAL LOBBYING, ACTIVITIES CERTIFICA. TI
By. executloa of this AGREEMENT,, ADMINISTERING A
GENCY Certifies, to the best of the
signatory officer's. knowl dge, and belief that,*
e
-A. No federal or state appropriated funds have been paid . or will be pa . id, by or on behalf of
ADMINISTERING AGENCY,. to any person for',influencin attempting t fn offir r o inluece an ce o
or
employee of any STATE or f ederal agenG S-ature or United States
y, a rnember of the State Legi I
Congress, an officer or employee of the Legislature or Congress, or any employe
e of a Member of
the: Legislature or Congress in connection wi
f h the awarding of any STATE or federal contract,
in clu ding this AGREEMENT the mak ng of any: STATE or federal loan, the entering into of any
coo tive contract and the. extens
p.e.ra ion, continuation., renewal amendment, or m
. y odification of any
STATE or federal. contract, grants loan, or cooperative ,contra ct.
B. If any funds other than federal appropdated funds have been na*d, or ill be paid, to any
n W
person -for influencin tem
9: or at pt g to influence an officer or employee of any federal agencv, a
member Of. Con .gress, an officer or employee of Co
ngress or an employee of a member of
Congress in �.conflection, with this A
OREEMENT, grant local,
or cooperative contract,
.AOMINJSTE G AGENCY shall complete -and submit Standard rm-L "Di*
LL, ..sclosure Form to
Rep Lobbying" in accorda
Q nce with t -.tructions.
he form ins
C.. This certiTicati on mtrl *aIrepre sent ation of fact upon which reliance was pface d when this
AGREEMENT a.n:d each PROGRAM SUPPLEMENT was or w
ill be made . or entered into.
Submission of this certification is a prerequise
it firs or enten*ng into this AG . REEMENT
imposed by Section 135-2., Title _31 , United States Code,, Any party who fails to file the require,-,
certification shall be subject ta a civil pe nalty of not less than $10 0
for each such failure. Wand not more than $ 100,000
ADMINIS TER.IN
G AGENCY also agrees bysigning this AGRiEEMENT t at the I
h anguag of this
pertification. will be ln'cluded.J*6 all lower- tier sub-a which exc
greements eed $100,000 and that all
soch wb_reclpi.ents. shall tertify. and accor d'sclose
.1. . dinglyo
Page *11 of 26
A.RTICLEVII - MISCELLANEOUS PROVISIONS
1 .. � MINISTERING AGENCY agrees to use all State fuc ds. reirnbursed hereunder -only for
transportation purposes that ar
e in conformance with Ar icle XIX of the CaH ornia
Cons,titution and the relevant Federal Re if State
9
2. This AGREEMENT "s subject t '
additional restrictions.,. limitations, conditions, or any statute
:enacted . by the State: Legislature or ad
opted bythe CTC that may affect the provisions., terms, or
fundin.q. of this AGREEMENT in any manner
3. ADMINISTERING. A'GENCY and the officers and emplo
Yees. of ADMINISTERING AGENCYI
when engaged in the performance of this AGREEMENT . ' ndependent capac*ty and
shall ac. t ire an i
not as officers, employees or agents of STATE or the federal governmenti
4. Each pr .0j
'ect-speCifiG PROGRAM SU PLEMENT shall separately establish the terms and
funding limits for each described PROJECT funded under the. AGREEENT. No federal or state
funds are obligated a'
ag inst this. AGREEMENT.
510 ADMINISTERING AGENC cqrtiflesthat neither ADMINISTERING AGENCY rear its p
.rincipais
are suspended or debarred the time ..of the executio i REEMENT. ADMINISTERING
n of this AG
-AGENCY agrees that it : wil
I I notifv'�STATE immediately In the e ant a sup a debar
V. spension or ment
occurs after- the execution of this AGREEMENT.
B...A.DMINI-STERING AGE.NCY wiviants, by execution of this AGREEMENT, that no person or
selling agencyhas been plc olici
p oyed or retained to s t or se bure this EEIVIENT upon an
agreement or' understanding fir a commission, percentage., brokerage, or contingent fee,
excepting. bona fide ..employees or bon estab 1*.'hed commerci al or selling agencies
a fide Is
maintained- by ADMINISTt_:RING AGENCY for the pure curia ing business. For breach or
violation of this: ,
warranty, STATE TE ha s. the right, to. annul this AGREEMENT w* ta i
with fi.bifity, pay
Daly for the value of the work � actuall orrr
'rf ied., or in STATE's. d
y Pe iscretion., to deduct fro m the
price of con siderati-on' 'y or otherwise . race verf the full amount of -such ission e
brokerage, orconti.. � � t� fee. Comm* perc ntage,
ngen
7.. In accordance with 'Public Contract
Code section 1.0296, ADMINISTERING AGENCY hereby
cede ftes. under penalty of pe "Ury that.no more than one final urea cabbie finding of contempt of
:AGENCY
court by a federal. court has been issued. t ADMINISTERING within the immediate
agains
preceding two (2) year period becau
Me of ADMINISTER -NCY's failure to corn ly W,
ING AGE
order of a federal court. that AD.' INISTERING AGENCY to comply wi p ith an
orders M
th an order of the
National Labor Relati' ns Bo
0 ard.
8. ADMINISTERING AGI.
:ENCY sh 11 disclose an
a i y financ*al, business or other relationship with
STATE, FHWA or FTA that may have -an impact upon the o tcorne of' this AGkEEMENT.,
U
ICI' . . . :S.Tf=:Rl:N*G AGENCY shall alsofilst current contractors Who may Dave a financial interest in
the outcome of this AGREEMENT,
9i ADMINISTERING A
Ghereby certifies that It does not now have nor -shall it acqu re any
J
financtal, or business interest that would conflict with the P rform-ance of P-ROJ ECT under this
e
Page 1:4 . of -26
AGREEMENT.
TO. ADMINISTERING. AGENCY warrants th: t: th' AGREEME T was not obtained or secu. red
a Is
N
through rebates, kickbacks.ter other unlaw u i. c n
I o s'deration either promi 'd or paid to any STATE
se
.employee. For-breach or violation -of this warrant 'e the right� i I n its discretion, -to
y STATE shall hav
terminate. this AGRE.EME.NT without liabilit- to pay only for th r e wo.k actually performed,
,y
-deduc t... from the. PROGRAM $UPPLEMENT wice off' 'othefwise recover the full amount of such
rebatef. kickback, or other unlawful -co n sideration.
i
Any dispute co -..ernj'ng a question fact aristng. under thi
nc is AG REEM ENT that is not disposed
t
of by -ag reeme n shall b e* d ecided by the -ST ATE's Contract Of who may consider any written
or ve rba I cw . idence submitted by A I DM I INISTERING AGENCY. The.. decision of the, Contract
Officar, issued i writ'
in ing, shall be conclusive and binding on the PARTIES on all .questions of fact
considered and determined by the Contract Off" ". -er •
12. Neither the .pending of a dis ute nor it Weration by the C. ontract officer will excuse
P consi
M AGENCY from full and fir e -in* accordance wi
y performan,c 1 th the terms of this
AGREEMENT.
13. Neither ADMINISTERING� AGENCY nor any: officer or- employee I
P. ..* . thereof is responsible for any
inj n
Ury, damage�or liability occur *pg. by reason of anything -done or omitted to. bed
4. A one by, under or
in -connectioa with any work) authority. or jurisdiction arising under this AGREEMENT. It is
understood and agreed that STATE shall 'fully defend, indemnify -and save harmless the
A.DMINISTERING AGENCY and all of its of
icers and employees from If cl ims, su* or actions
a a- its
of every name, kind and descripti,on brought forth under
ihcludih�g, but not I'm* ed to tortuous
j it
contractual, inverse condemnation anO other theories or assertions of liability occurring by reason
of a n ythiog done or omitted to be': dome by ST TE...under this AGREEMENT.
14. N oift- -he r STATE -nor a. ray off
icer-or employee thereof shall be res*ponsible for any iniury, damage
or fiabi'litY o currin
c. . ;g by reason of anything done or o d to be done by ADMINISTERING
AGENCY under, or 'in, connectio
n wit hi any work, auth.ority or jurisdiction. ari$ing under th*
AGREEMENT. It e Is
is: understood and that ADMINISTERING AGENCY shall fully defend,
indemnify and save rmless.ST. ATE. and all of its officer
..s and ern-ploYees from all Claims,. suits or
actions of every name, kind �and: description brought forth under, including, but not limited to,.
uous, contrac
tort tu-61 inverse condem-Mat
ion or other theories or sertion of liability occur 'ng by
as i s n
reason . of anything. done or omitted. to. be done by AD
AG-REEMENT... MINISTERING AGENCY under this
15. STATE reserves. th.e. right to terminate funding -for any PROJECT 'upon written notice to
ADMIN]STERING AGENCY.10 -the event tha ' t ADMINISTERING AGENCY falls to proceed With
ai
PROJECT work- in accordance with too p 'ect-spoc* e bodinroj ific PROGRAWSUPPLEM ENT
requirements if applicable th
. .. . .1 . . . or otherwise violates the conditions of thls- AGREEMENT and/or
PROGRAM SUPPLEMENT, Or the funding allocat"on such that zubsti
ant' I performance is
a
signifiGantly endangered'.
Page 15 of 26
1 . 6• No ter mil at*
ion shall become effective if., within thirty (30) days after receipt of -a Notice of
Tierminaff n, A
�DM- INISTERING AGENCY e' er if not reasonably
ith cures the default involved or I
susceptible of cure ithin said thirty. period ADMINISTtERING AGENCY
W Ind
thereafter to co. P1, t t proceeds
m e e h.e cure in a. 'Manner and time H
ine acceptable to STATE. Any such
shed by delivery to ADMINISTERING AGENCY of a Notice of
termination shall bia acc 1*
omp i
Termination, which notice shall * become effective: not less than t,hirty (30) days after receipt,
specifying the reason for the termination, the extent to W* hich funding of work. under this
AGREEMENT t . rm*nated and the date upon which. such. term** nation becomes effective if
beyond' thirty (3 d after receipt.. Duri. no
0) days the pe 'od before the effect*ve: Iermination date,
n
A.DWNISTER
ING AGENCY and STATE shall meet to attempt. to ressOlve anv dispute. Intheevet
of such terminati
on, STATE may proceed with the PROJECT work in a nn
an deemed proper by
STATE. If STATE terminates: funding fdr PROJECT with ADMINISTERING AGENCY, STATE
shall pay ADMINISTERING AGENCY the sum due ADMI
PROGRAM -S NISTERING AGENCY end er the
UPPLEMENT and/or STATE -approved ance lette prior to termination., provided,
r i
however, ADMINISTERING AGENCY is n in default of the. terms and conditions of th'
ot
AGREEMENT or the project-specific PROGRAM SUPPLEMENT and th and
cost of Is
at PROJECT
-completion -to STATE shall first be - any sum due ADMINISTERING AGENCY.
dedud te d f
17. In.. case. of inconsistency or conflicts with th - terms of this AGR
e
EEMENT and that of a project-
specific PROGRAM SUPPLEMENT, the terms stated in that PROGRAM SUPPLEMENT shall
prevail over those in thi's AGREEMENT.
18. t
Who
t. . ut the written c
t Of STATE, this AGREEMENT is not assignable by
ADMINISTERING AGENCY either in whole or in part.
Itera ion or variation: of ti is AGREEMENT shall be valid unless made in
a fi
-e termsof th.1
:Wnting and signed. by the PARTIES, and no oral tin not incur . 1 0, . 3 .. derstandina or agreement I rporated
herein shall be bindi' any o,
ng on a f the PARTIES..
IT ESS W'
HEREOF., the PARTIES ha'' -executed 'this AGFIEEMENT by their duly
Ve
authorized off'
-icers..
Page 1.6 of 26
City Of
City of Rancho Palos Verdes
Representative Name & Title
(Authorized Governing Body Representative)
.W.
,7A
E : XHIBIT A
FAIR �EMPLOYMENT PRACTICES ADDENDUM
1.... In the performance of this Agreement.. ADMINISTERING AGENCY will not discriminate against
any employee for employment because of race color
sex, sexual orientation, religion., ancestry or
national origin, physical disability, medical condition, m
arital status, political affiliation, family and
medical care . leaive.. re nano leave., or di if
it take
y sabifity leave.* ADM1NISTERING AGENCY w?
affirmative.- act'o to ensure. that 'm.ployees. are. treated d-
i n
e unng employment without regard to their
X r
race,. sex, sexual orientation,, color,. religion, ance try y
or national ors h sical disabilit me al
.1. gin,, p Y,
cqndifion, marital status, political affil"Abon, fam'
if* and med
y .,ical care leave, pregnancy leave, or
disability lease. . Such action sh * 11. incl
a u.de of but not be limited to, the fol owing-
Upgrading-. de mot" I - employment,
ion or transfer recru* m n r'i ing- I off or termination- rates
it e -t or recrultmentadve. t s ay
of pay or other forms. of compensation, and selection for training clud*
in. ing apprenticeship.
• ADMINISTERING AGENCY shall post in conspicuous places, available to employees for
em I * ment, notices to- be P
p `o-y rovided by STATE setting forth the provisions of this Fair Employment
section.
2. ADMINISTERING AGENCY Op s contractor(, aid all subco,
it r s n ntractors shall comply with the
e I Fair: Employment and Hou'sin-c Act (Government Code Section 1.290-0 et
provisions of the
and the applicable regulations prorriulaated they ' . -i . a code of Regulations, Title*2
eunder (Californ
Section 7285.0 et se q.). The appli.cable regulations of the Fair Em to ment
Comrnis*sion i* m pie y and Housing
menting Government Code, -Section 12900(a-f), set forth in Chapter 5 of
Division 4 of Title :2 of the California Code of Regulations : are incorporaed Into thiEEMENT
reference and made a part- hereof as I f set forth 'in full. Each of the ADMINISTERING
A
ENCY'S contractors and all subcontractors shall give Wn -tte fi e of the-*r figa nder
. n no ic i ob i tions u
th-is; clause to labor
organizations with which they have a collective bargaining or other
agreements, as appropriate,,
ADMINIISTERING AGENCY shall include the non *scri inab n and
di M 10 nor Dane provisions of
this clause. In all contracts and S ubcontracts to perf work k under this AG:REEMENT.
r
4. ADMINISTERING AGENCY - *11 mit access to the records of employment, employment
W1 per
advertisements application fo.* s. and other : pertinent data and records by STATE, the State:Fair
rm,
Ern ploym*ent. and Housing► ommi ion, or any other agenc of the State of Californ*
y ia designated
by STATEI for the purposes of investigation to a
scertain com -lianc Wirth ith the Fair Employment
p
section of this . Agreement.
5. Remedies for Willful Viola' .0
tion,,
(a) STATE may determine a willful viollatil * on of the Fair Emplo went .provision to have occurred
upon receipt of a' final judgment to that effect from :a court n. an action to which ADMINISTERING
AGENCY was a party,, or receipt of a written, :notice f m the Fair Em to ment and Housing
upon re ro
.C.Ornmission that it has *nvest* y
I tie and determined that AGENCY has violated
the Fair Em.ployment. Practice8 Act and had issued an order under L bor- Code Section 1426
'which has become fi.nal.or has obtained an injunct* io n
. under Labor Code. Section 1429
Page 17 of 26
(b) For willful '0I t ors f Chi's Fair Employment Prov'sion, STATE shall have the right
this A to terminate
r r r wh or in Dirt, and any loss or damage sustained by STATE �n
the gooid8
securing
or services there-under ii be borne and paid for b DMIN Tl�RING AGENCY are
by the
surthe ety bond, if rtdTATE from any moneys due r thereafter may AGENCY, the difference. between the
re
named h r a # cosh her f t� �T TIC � car � N ' TE I
GENO O breach of this Agreement,
`age 18 of
EXHIBIT B
NONDISCRIMINATION ASSURAN . CES
ADWNISTERING AGENCY HEREBY AGREES. THAT., as a condition to receiving any federal
fihancial assistance front the STATE, acting for the U.S. Department of
Transportation, it Will
comply. with Title VI of the Civil Rights pct of 1 Y
$tat. U- : S C. 2000d 42. URS.C.
964 78
2000d-4 (hereinafter referred to as the ACTS, ts
and all iremen imposed by or pursuant to Title
49, Code of Federal 11.6gulatIons, Department of- Transportation,. Subtitle A, Office of the
u
Secreta. Part 21, "Nond
ry iscritninati
on in Federa Ily-Ass isted Fro grams of the Department of
Transportation --!, Effectuation of Title VI of the i Civil R Act of 1 . 9 herein r referred to as
i .9h.ts 64' afte
the REGULATIONS), the Federal�aid Highway. Act of 1973, and other r)erti
.. .... . 9 - nent directives, to the
end that In accordance w- ACT REGULATIONS,. and other pertinent direct'
ith the I I ives, no person in
the United States shall., on "'the -grounds of race,. color, sex, national origin religio
, n, age or
disability be. exclude id from partic'ipatl'On in, bode led the benefits of, or be rwise su
bed other b ecte d to
disc 6-mination order any pro rarn or activity for which ADMINISTERING AGENCY re -ceives
9
federal financial, assistance for ri the F.edera.l Department of Transportation, M S`ERI NG
AGENCY.H ER. EBY GIVES ASSURANCE THAT ADM
INISTERING AGENCY will promptly take
any measures necessary to effectuate this a e t. This assurance�' sired by subsection
gree.m n is req i
21, 7(a) (1) ofthe REGULATIONS.
More. specifically, an �mitir�t . d w itout g the ab.ove:general assurance, ADMINISTERING AGENCY
hereby gives the following spec-`fi
i c �assurances Witn respect to "tsf6derakaid Program-
That ADMINISTERI
NG. AG*ENCY agrees that each "Pro ra a as def- d
g. m nd each "facility i ne in
subsections 21.23(e.) and .21.23 (b) of the REGULATIONS, Will. be.( with regard to a "program")
in comp ianc.
conducted, or will bye (with regard to flity") operated %e with all requirementa "faclby or pursuant:to the REG IM(.. :id , ULATIONS.
2. That ADMINISTERING AGENCY shall insert the following notificat-on in a solid tions for b'd.s.
I W ita
for word or material subject to the REGULATIONS M ade in conection
with the federal-ai'd
Program.-and., in.-ad ed -form.,: in, -a- 11 propo - for negotiated agreements:
api s is
ADMINISTERING AGENCY hereby notifies all bidders that it will affirmati ely 'insure
rs IV that in any
agreernen entered into pursuant to this advertisement minoritv busines's
enter rise
.afford.... d fill 11 opportu it .td submit bids in response. p s will be
e U ni
to this in and, will not be:Aiscriminated
against on the grounds of race, color, sex, national i i i I Xty
origin, rely ion., a0e, or di
9 sab I in
consideration for an:award.
8. That AIDNI]NISTE
RING AGENCY shall Insert the clauses of Appendix A of this assurance in
every agreement subject, to the ACT
and the REGULATIONS.
4. That the clauses of Appendix B of this Assurance shall be [Included as a covenant running with
n
the land i any desed effecfing a transfer of ►. eal propei uctures:j. or 'improvements thereon, or
rty str
:interest there-in.
Page 19 of 26
5. That where ADMINISTE.RING AGENCY receives federal financ i al. assistance -to construct a
facility, or part of a facility, the A shall extend t
ssuranc. o the entire: fa ility and fac fit' operated in
connection therewith. C i i Jes
6. That where. ADMINISTERING AGENCY re the form, or for
ceives federal financial assistance in
the acquisition I of real property or an interest in re. I
a vror)ert , the Assurance shall extend to rights
to spa-ce: on., over, or under such property.
7 That ADMINISTER NG AGENCY shall include the . ap-propriate clauses set forth in Appendix C
and D of this Assurance as a covenant runny ning. with the liand, in any future deeds, leases, permits,
licenses, nd iml *1ar a greem e nt entered the AMINISTERING AGENCY with other
parties,
Appendix C-
(a) for the. subsequent transfer of rear property acquired or i Ved under the Feder kaid
q i mpro
Program** and
Appendix D;
(b) for the construction or use of or access to space on, over, or under real property acquired., or
improved under the federak- id Pro
ai gramo
8. That thi obligates. ADMINISTERING AGE for the d n
s assurance
period u nn which federal
fi nancial assistance 'I's ext
ended -10 the program.
except where thefederal financial assistance is to
provide, or is in the form of, personal pr rtv or real property or Interest therein, er structures, or
Improvements thereon, in which case th. ig
e assurance obl" ate s ADMINISTERING AGENCY or any
transferee. for the longer of the following periods'*
(a) the pried during which -the 'Property is used for a pu . rpose: for which the federal financial
assistance is extended, or for another -purpose inv Ivin be provision firer-
benefits; or o i g t of :S*M*Iar services or
(b) the period during wh*I c h -ENCY retains ownership or possession of the
ADMINISTERING AG
property.
9. That ADMIUSTEFtING AGEINICY shall provide for such met 1 -saon for the
hods of adm i
trfi
*n I
program as are ern the U.S. cretry 0 a 'f Tran Portation, or -t e--- offi
..S h i ial to whom he delegates
cl
specific authority, to give reasonable gua r nte. e. that ADMINISTERING AG
a
ENCY, other recipients,
sub. grantees., applicants. b- interest and
su applicants� transferees successors in inter other
P articipants of federal financial assistance under such program wIll comply with :ii requirements
m
imposed by, or pursuant to., the. CT, the REGULATIONS, this Assurance and the Agreement
10,That ADM*INISTERI
NG AG�ENCY agrees that. the: United States and the State: of Californi
ja
have a. right to, seek ivaiciai e regard. to any matter arising under the ACT, the
nforcement W
REGULATION-S,.and this. Assurance.
Page 20 of 26
11.:A.DMJNI`STER1NG AGENCY
x . shall n otd .q ..a
e on the basis of race, religion, age, disability,
.color, national origin or sex in the a-ward and performance of any STATE as, isted contract or in
the.. admin.istratin on its DBE Progra*m or the requirements of 49 CFR Part 26. ADMINISTE I RING
AGENCY shall take ai i n± ac` r ' and reasonable steps unod e
r 49 C.FR Part 26 to ensure non
discrimina q i S
...ffon in the award and administration of TATE ass*sted contracts,. ADMINISTERING
AGENCY'S DBE. Race-Neutral rr p l r nt tl
on. Agreement is incorporated by reference
in this
.AGREEMENT. Im,ple went ation of inis program : is a legal obligation and faflure -to car *ts
:terms: shall be treated as a violation of this agreement, Upon notification to the reel cant of
p its
failure: to carry. out its approved'DBE' Race-Neutr I Im lementation Agreement, STATE may
a
p
impose sanctions as provided for under 4 -9 CFR Part 2
.6 and may, in appropriate cases, refer the
matter for enforcemen t under 18 USC 1001 and/or the. Program Fraud Civil Remedies Act of 1985
(31 USC 3801 es seq
THESE AS. S-URANCES are given i:n consideration n of and for the purpose of obtaining any and all
f ederal: gr ntss,- loans- �agreement pertv
s, pro.
discounts or other fader I fi
ra inancial assistance
extended after the date hereof to ADMINISTERING AGENCY by STATE, actin a for the U.S.
Department of Transportation, and is. binding on. ADMINISTERING AGENCY, other rec*p*ents,
-sub -rantees.- applicants, sub-ap* ficants: ba successors *n interest and other part*
. . 9 - - .1 pi r 'nsferees, Icipants.
in the federa lm- aid Highway Pro
gram.
Page :1 of 26
APPENDIX.A TO EXHIBIT .13
During the: performance of: thiis re:6ment.,. ADMINISTERING AGENCY, for itself, its assn
ignees
and successors i interest (her0i after coil Ct'V :ly ferred to as ADMIN[STERING AGENCY)
in n. e i e re
foif
agrees as. o.ws,
Compliance with Regulations,* ADMINISTERING AGENCY shall com-ply
with the regulations
relatiVe to nondiscrimination in federally assisted pr*ograms- of the Department of Transportation,
Titl e 49.. Code of Federal Regulat" "on s, Part 21, as they may be amended from time to
time,
(hereihaftnr refer-red to as the REG ULATIONS)., wh* are here'
Ich in incorporated by reference and
made of
pa rt t e n
is agremet..
a . :
h"
(2) ondiscrimination: ADMINISTERING AGENCY with reg and to the work e p.. r m rf ed by it during
o
the AGREEMENT,. shall not di a iminat on the grou nd of race, color, sex, national origin,
reflig ion, a.ge, or disability in the selection and retention of n sub-applic nts i
i a cluding procurements
of materials. and leases of equipment. ADMINISTERING AG: I ENCY shall not participate either
directl
y or indirectly in the dis ti n p 'bited b trop 21.5 of the REGULATIONS,
crimina o rohi y- tiec,
-including employment practices when the ag regiment :covers : a program set forth in Appendix B of
the - REGULATIONS..
-(3) Solicitations for Sub?!--agreerri.ents [ndudinq, Procurements
of Materials and Equipment: In all
-solicitations- either by competitive bidding or negotiation
. made by ADMINISTERING AGENCY for
work, to be performed under: -a Sub-agreement, includ"n rials, or leases of
j g procurements of mate
equipment,, each potential sub-applicant or supplier shall be notified by ADMINISTERING
AGENCY of the ADMINISTERING AGEN*
Cy's obligations 'under this Agreement and the
�REGULATIONS relative to nond.iscrimination on the grounds of race, color, or national orfain.
Information and Reports: ADMINISTERING AGENCY shall provide all
mformation and reports
required:*by the.- REGULATIONS, or directives. issued pursuant thereto, and shialf permit,
access to
ADMINISTERING AGENCY'' c s accou
s books, f e-.. ord nt i s, other sources of information, � and its
a
facilities as may be determ-ined by STATE or FHWA tobe pertinent: to ascertain compliance Wirth
P w
such REGULATIONS or dire tives. 'Where any required of . ADMINISTER:ING
i ct
AGENCY is in the exclusive possession of another who fails. or refuses to furnish fts'nformation,
ADMINISTERING AGENCY shall so certify to STATE of the FHWA as appropriate, and shall set
r
forth what efforts :AQM'INISTERING AGENCY has made to obtain the information.
(5) Sanctions for Noncompliance-. In the event of ADMINISTERJNG� AGENCY's noncompliance
with the nobdiskriminatin provisions of this reemen: 1 STATE a . -..all impose such agreement
9 t E sh
zanctions -as:: it or the Ply WA :may determine to be ap t
propria e,ins dini ,. but not Jimit e d to
(a) withboldin'g of payments. to ADMINISTERING AGENCY* under the Agreement within
in a
reasonable period of time, not to exceed days; and/or
(b) cancellation, termina.tion or suspension of the Agreerrient in whole or in par-it.
Page 22 of 26
Incorporation of Provisions.� ADMINISTERING AGENCY -shall 'Include the provisions of
paragra hs (1) t n -every i lud*
p, . hrough sub* agreement, 'nc . ing procurements of materials and
leases of equipment, unless, Oxempt by the REGULATIONS, or directives issued pursuant thereto.
ADMINISTERING AGENCY shall take such action with respect to any sub-agreernent or
procurement as STATE or FFIWA may diro-ct as a means of enforcing such provisions 'including
sanctions for noncompliance, provided,. however, that, in the event ADMINISTERING.AGENCY
becomes in nvolved in, or is threatened. with, litigation with a sub-applicant or supplier as a result of
such direction, ADMINISTERNG- AGENCY may request STATE enter into Such litigation to
protect the interests of STATE,. and., in addition,. ADMINISTERING AGENCY may request the
United States to enter Into such litigation to protect: the interests of the United States.
A0
Pa 23, of 26
APPENDIX B TO EXHIBIT B
The. fdllowin clauses shall be included in any and all deeds * -n the transfe r of
effectIng or recordi
_g
PROJECT rea't property. structures or ts..
improvemen thereon ited
or interest therein from the Un
States.
(GRANTING CLAUSE)
NOW, THEREFORE, the U.S. Department of Trans rtation as authorized by law, and on the
condition that ADMINISTERING AGENCY will accept title to the lands and maintain the project
constructed thereon I in accordance with Title 23, United States God el, the Regulations for the
Administration of federal-aid for Highways and the pol.icies and procedures prescri *be -- d by the
Federal Highway Admini8tration of the Department of Transportation and also in i ccordance with
:a
and 'in compliance with the Regulations pertaining to.and effectuafing the. provisions of Title VI of
the Civil RJights Act of 1964 (78. Stat. 252; 42 U.S.C* 20 . 00d to 2000d.4), does hereby remise,
release, quitclaim and con.v*y unto the ADMINISTERING GEE
of the: U.S. Department of Tr' all the right, title, and 'interest
ansportation in, and to, said lands described in Exhibit "A" attached
hereto and made a part hereof.
(HABENDCJM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein.
in I unto ADMINISTERINGAGENCY and
its successors forever, :subject. however, to. the 6ovenant. conditions, restrictions an d reserations
v'
herein con i ta'ned as follows
which will remain in e
ffect 'for the period during which the real
property or structures are used for a purpose for Which federal financial assistanc tended or
r K . e is ex.
for another purpose in the pro
vision of similar services or benefits and shall be binding on
ADMINISTERING-AGENCY, its suc.cessors and assigns.
MINISTE II G AG NCY, in consideration, of the conveyance of said lands and interests in
lands, does hereby covenant and itself, its
agree as a covenant running
with the land for I
successors and
assigns.,
(1) that- no person shall on the. grounds of race, color, sex, national origin, religion, age or
dis.ability-1 be. excluded from participation in, b . denied the benefits of or be the' ubjected to
e if rwise s
discriminafion with r to any faaflity located wholly or in part on, over, or under such lands
hereby conveyed (;) (and)
(2) that ADMINISTERING AGENCY shal.1 use the lands and interests in lands so conveyed, in
Go.m.pliance: with all requirements imposed by or pursuant to Titl e Code of Federal Regulat*
49
ions,
Department of Transportation, Subtitle & Office of the Secreta ry Part 21, Non-diserimination in
federally.assisted programs of the Department of Transportation - Effec t afi on of Title V1 of the
U I
.Civil Rights Act of 1964 and as said Regulations may t . y . e amended (;) and
(3) that in the event of breach - ny. -mentioned no-nd-scr- 'nat'
of a of the above i imi ton conditions, the
U.S. Department f Trans
portation..shallhave a right to re-enter said lands and facilities on said
land., and the a-bove-d escribed land and facilitI e -shall thereon revert to and vest in and become
S
the absolute property of the U.S. Department o ed or to this deed.* ...f Transportation and its assigns as such interest
exist pn*
Reverter clause and related Ian to be used :only when it is determined that such a claus
guage
e is
Page 24 of 26
", ............. ..................... ...... ........
... . ....
. ........ ..........
..........
necessary n order fo effectuate the purposes: of Title VI of the Civil R ht Act of 1964.
APPENDIX C TO EXHIBIT B
The fo'll-c►wing clauses. shall be included in a I all d
any and eeds, H
icenses, leases, permits-, or lar
instruments entered into by ADMINISTERING AGENCY pursuant to the
provisions of Assurance
7(a) of Exhibit. B.
The grantee (11"c ors see., le "ttiee -etG., as. appropriate) for himself I
ssee, permi, his heirs, personal
representatives sucGessors in interest and
assigns, as a pad of the consideration hereof,
does
,hereby covenant and agree (in the. case. of deeds and lea
e se s add 'as. covenant running with the
land") that lin. the or facififies are const'
ructed, maintained, or otherwise operated on the said
property described in thi's (deed, license, lease,, perrnit. etc. for a purpose for which a U.S.
Department of Transportati or As extended or for anot" involving the
ion program ctivity ia fler purpose i
r 's' on of similar services or benefits, the (granteev licensee, lessee, perrri ft e, etc.. shall
-pov
rn i I in and operate such f aciffities and sain al vcs in compiiance with all other requirements
Imposed pursuant to Title 49, Cody of Federal Reg -of
ulations., U.S. Department. Transportatio
i n,
Subtitle A Offil e of cr
S tary Part. 2*1 , Nondiscriminafton in federal ly-assisted
C ee
programs of the
Departm.erat of Transportation - Effectuation of Title VI of the Ci if Rights
Ivi I Act of 1964
Regulation s may amended
be and as said
.,,
(include H en, *n S
i. ces, leases, permits, etc.)
That in the event of breach of -any of the above nondiscrimination covenants, ADMINISTERING
AGENCY * shall have the right to terminat te the '(ii cense lease., permit etc.) and to re-enter and
reposse ss said land and the f ffifies thereon, and hold the same as if said (license, lease., it
ac I i
etc*.) had� never been made or issued.. perm
( deeds)-*
That in the event of breach of an of t he above nond'
Y iscrimination coven an ts: ADMINISTERING
AGENCY shall have the right to te-enter said. land and -f*tac* dove-
l*- s thereon, and the ave-
ii ie
described lands and facilit'
les shall thereupon revert to and vest in and become the ab lute
so
.propert• of ADMINISTERING AGENCY and its assigns.
APPENDIX D TO- EXHIBIT: B.
The foil ow'Ing. shall. be included in all deeds lenses, leases ea is or similar
ses, pe t agreements
-entered into by the ADMINISTERING AGENCY, t to the- provisions: of Assurance 7 (b) of
h
Exhl.bft B.
The grantee (licensee, Ie*ssee, permittee etc., as a PprOpria t for himself, his personal
e
representatives successors in interest and assigns, as part ofthe consideration hereof, does
here covenant . and agree in the case -of deeds, and leases "as a covenant r
a add unpin with the.
land. that: . 9
no person on the, ground. of race.. col
or, �sex, nationa refi
origin, igion, age or disi-ability, shall be
excluded from participation ipation in, denied the benefits of or otherwise subjected to discrimination in
the use of said facilities-,.
(2) that in the construction of any Jrnprovemen . ts.. on, over,.. or* under such land and the furnishing of
services thereo
n, no person on the ground of race color, sex, national origin, religion, age or
mail �shall be excluded from partici i n in, denied nied the benefits of or otherwise be subjected
to: discrimination; a nd
(3) that the ( rantee, licensee le seernitee ec s, per. . t9 *4 . shall use the premises in compli
the Regul.ationsx
ance with.
Include in licenses, leases., permits etc.)
That in the even't of breach of any- of the. ab " � *
ove nondiscrimination co venants, ADMINISTERING
AGENCY shall have the right to terminate the (i ase, ern etc*.) and to re-enter and
license, le I It
repossess say are and the facilities thereon, and hold the. same as if said (license, lease. ifl,
r i wd
etc.): had never been: made 0 `ss perrr
(Include in deeds)*
That'in' the event of breach of an -of the above nondiscrim* - Mon cove- nants, ADMINISTERING
y ina
AG-ENCY shall have the right to re-enter said land and facilities thereon, and the above-
descri.bed lands and facilities . . s sh 1 11 -thereupon revert to and vest in and become the -absolute
property o ADMINISTERING AGENCY, and its assigns...
DEPARTMENT OF TRANSPORTATION
DIVISION OF ACCOUNTING
LOCAL PROGRAM ACCOUNTING BRANCH
Attention: City of Rancho Palos Verdes
Date: 06/12/2007
Agency: 07- LA- 0 -ROPV
Project No: STPL- 5413(007)
EA No: 07- 932916
Fed. Partic: 100.00%
This Finance Letter was created based on specific financial information provided by the responsible local agency. The following
encumbrance history is prepared by Local Assistance Accounting Office and is provided here for local agency's information and action.
S j ature. _ For questions regarding finance letter, contact:
Title: HQ Area Engineer Printed Name : Albert Soares
-� Telephone No: (916) 653 -7140
Remarks: This FL is based on the City's FL dated 3/2/07.
Fund Program Fed /State
-67-D -H ^t.A. STP- MINALLOC -DB — —F "-----
ACCOUNTING INFORMATION. STPL- 5413(007)
_ — Encumbrance Amount Approp Year Expenditure Amount Reversion Date
$673,000
Page 1 of 1