California Dept of Transportation - Federal Aid & Urban System! rWA t,
D e: October 8, 1997
PROGRAM SUPPLEMENT Nbwv M001 ( Locatittia: 11 -SD -0 -PWY
to Project Number: CML- 5428(004)
AGENCY -STATE AGREEMENT E.A. Number: 11- 955837
FOR FEDERAL -AID PROJECTS NO. 11 -5428
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 06/13/97 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. ci j- 103 approved by the Agency on 1-z �97 (See
copy attached).
The Agency further stipulates that as a condition to payment of funds
obligated to this project, it accepts and will comply with the covenants or
remarks setforth on the following pages.
PROJECT TERMINI:
City of Poway on Scripps Poway Pkwy: Community Rd to Pomerado Rd -
South Poway Interconnect
TYPE OF WORK: Traffic Signal Communication System LENGTH: 0.1 (MILES)
PROJECT CLASSIFICATION OR PHASE(S) OF WORK
[X] Preliminary Engineering [ ] Right -of -Way [ ]
[ ] Construction Engineering [ ] Construction
Estimated Cost Federal Funds Matching Funds
Local STATE TSM OTHER
$ 40000 320 $ 35412 $ 0 $ 4588 $ 0
$ 0
City of Poway
By
Date /l a/ q7
Attest
Title 0'/ ry Aglil'gG'Fx
STATE OF CALIFORNIA
Depart of T sportation
By
Chief, Office of Local Programs
Project Implementation
Date
I hereby Certify upon my personal knowledge that budgeted ,funds are available for this encumbrance:
Accounting Officoj &/�(Y� /�W�Date d' '� $ 40000.00
Chapter Statutes I Item / I fear I/ ) program JSC1 Fund Source I mo=
282 1997 2660 - 101 -890 `/ 97 -98 20.30.010.820 C 262040 892 -F 35412.00
282 1997 2660- 125 -042 97 -98 20.3C.C10.821 C 258020 042 -T 4588.00
Q Page 1 of 2
crhAQ rg(21e4) L- 54a
11 -SD -0 -PWY ry w.w DATE: 10/08/97
CML- 5428(004)
SPECIAL COVENANTS OR REMARKS
1. 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.
2. 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.
3. This agreement supplements the Local Agency -State Master
Agreement for Federal -Aid projects, with the understanding that
all provisions of the 1991 Intermodal Surface Transportation
Efficiency Act (ISTEA) apply.
4. The Local Agency will advertise, award and administer this
project in accordance with the current Local Program Procedures
or the new Local Programs Manual, when issued.
5. State Traffic System Management (TSM) funds are being made
available to match only those federal funds eligible in
accordance with Section 182.4 of the Streets and Highways Code
and as permitted by Article XIX of the State Constitution.
6. Federal funds eligible for TSM match will be proportional to the
total federal participating amount established at contract award
as indicated on the Finance or Bid Letter or its modification.
7. This Program Supplement will be revised at a later date to
include other phases of work.
8. In executing this Program Supplemental Agreement, Local
Agency hereby reaffirms the "Nondiscrimination Assurances"
contained in the aforementioned Master Agreement for
Federal -Aid Program.
9. Whenever the local agency uses a consultant on a cost plus basis,
the local agency is required to submit a post audit report cover-
ing the allowability of cost payments for each individual consul-
tant or sub - contractor incurring over $25,000 on the project.
The audit report must state the applicable cost principles utili-
zed by the auditor in determining allowable costs as referenced in
CFR 49, part 18, Subpart C - 22, Allowable Costs.
Page 2 of 2
MOW V' 3 C is ! raj E D
MASTER AGREEMENT
ADMINISTERING AGENCY -STATE AGREEMENT
FOR
FEDERAL -AID PROJECTS
JUN 2 4 1991
Engineering insrni;t 0n
11 City of Poway
District Administering Agency
Agreement No. 11 -5428
This AGREEMENT, made effective this /3i day of , 1997, is by and between
the City of Poway, hereinafter referred to as "ADMINISTERING AGENCY," and the State of
California, acting by and through the California Department of Transportation (Caltrans), hereinafter
referred to as "STATE."
WITNESSETH:
WHEREAS, the Congress of the United States 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
Transportation Enhancement Activities Program (TEA), and the Bridge Replacement and Rehabilitation
Program (HBRR) (collectively the 'Programs "); and
WHEREAS, the Legislature of the State of California has enacted legislation by which certain
Federal funds (RSTP and CMAQ) may be made available for use on local transportation facilities of public
entities qualified to act as recipients of these federal funds in accordance with the intent of Federal law; and
WHEREAS, before Federal -aid will be made available for a specific Program project,
ADMINISTERING AGENCY and STATE are required to enter into an agreement relative to prosecution
of said project and maintenance of the completed facility.
NOW, THEREFORE, the parties agree as follows:
ARTICLE I - PROJECT ADMINISTRATION
1. This AGREEMENT shall have no force or effect with respect to any Program project
unless and until a project - specific Program Supplement to this AGREEMENT for Federal -aid Projects,
hereinafter referred to as 'PROGRAM SUPPLEMENT," has been executed.
2. The term 'PROJECT," as used herein, means that authorized project financed in part with
Federal funds as further described in an "Authorization to Proceed" document executed by STATE, in the
subsequent specific PROGRAM SUPPLEMENT, and in a Federal -aid Project Agreement (PR -2).
3. The Financial commitment of STATE administered federal funds will occur only upon the
execution of this AGREEMENT, and the execution of each project - specific PROGRAM SUPPLEMENT
and PR -2.
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4. ADMINISTERING AGENCY further agrees, as a condition to payment of funds obligated
to a PROJECT, 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 ADMINISTERING AGENCY and/or STATE. 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. ADMINISTERING 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 REENGR MERED PROCEDURES) relating
to the Federal -aid Program, all Title 23 Federal requirements, and all applicable Federal laws, regulations,
and policy and procedural or instructional memoranda, unless otherwise designated in the approved
PROGRAM SUPPLEMENT.
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 and ADMINISTERING 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
accordance with REENGINEERED PROCEDURES. The REENGINEERED PROCEDURES describe
minimum statewide design standards for local agency streets and roads. The REENGINEERED
PROCEDURES for projects off the National Highway System (NHS) allow the STATE to accept either
the minimum statewide design standards or ADMINISTERING AGENCY - approved geometric design
standards. Also, for projects off the NHS, STATE will accept ADMINISTERING AGENCY - approved
standard specifications, standard plans, and materials sampling and testing quality assurance programs that
meet the conditions described in the REENGINEERED PROCEDURES.
9. When PROJECT is not on the State highway system but includes work to be performed by
a railroad, the contract for such work shall be prepared by ADMINISTERING AGENCY or by STATE,
as the parties may hereafter agree. In either event, ADMINISTERING AGENCY shall enter into an
agreement with the railroad providing for future maintenance of protective devices or other facilities
installed under the contract
10. ADMINISTERING AGENCY shall provide or arrange for adequate supervision and
inspection of each PROJECT. As provided in the REENGINEERED PROCEDURES, work may be
performed by a consultant(s), provided a fully qualified and licensed employee of ADMINISTERING
AGENCY is in responsible charge.
11. The Congress of the United States, the Legislature of the State of California, and the
Governor of the State of California, each within their respective jurisdiction, have prescribed certain
employment practices with respect to work financed with Federal or State funds. ADMINISTERING
AGENCY agrees to comply with the requirements of the FAIR EMPLOYMENT PRACTICES
ADDENDUM (Exhibit A attached hereto) whenever State funds finance part of the PROJECT, and the
NONDISCRIMINATION ASSURANCES (Exhibit B attached hereto). ADMINISTERING AGENCY
further agrees that any agreement entered into by ADMINISTERING AGENCY with a third party for
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performance of work connected with the PROJECT shall incorporate Exhibits A (whenever State funds
finance part of the PROJECT) and Exhibit B (with third party's name replacing ADMINISTERING
AGENCY) as parts of such agreement.
ARTICLE IT - RIGHTS OF WAY
1. No contract for the construction of a Federal -aid PROJECT shall be awarded until the
necessary rights of way have been secured. Prior to the advertising for construction of the PROJECT,
ADMINISTERING 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 construction contract.
2. ADMINISTERING AGENCY agrees to indemnify and hold STATE harmless from any
liability which may result in the event the right of way for a PROJECT is not clear as certified. The
furnishing of right of way as provided for herein includes, in addition to all real property required for the
PROJECT, title free and clear of obstructions and encumbrances affecting PROJECT 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 out of delays to the construction of the PROJECT 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 PROJECT work.
3. Subject to STATE approval and such supervision as is required in REENGINEERED
PROCEDURES over ADMINISTERING AGENCY's right of way acquisition procedures,
ADMINISTERING AGENCY may claim reimbursement from Federal funds for expenditures to purchase
only necessary rights of way included in PROJECT after crediting PROJECT with the fair market value of
any excess property retained and not disposed of by ADMINISTERING AGENCY.
4. When real property rights are to be acquired by ADMINISTERING AGENCY for a
PROJECT, said ADMINISTERING AGENCY must carry out that acquisition in compliance with the
Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
5. Whether or not Federal -aid is to be requested for right of way, should ADMINISTERING
AGENCY, in acquiring right of way for PROJECT, displace an individual, family, business, farm
operation, or non - profit organization, relocation payments and services will be provided as set forth in
Chapter 5 of Title 23, U.S. Code. The public will be adequately informed of the relocation payments and
services which will be available, and, to the greatest extent practicable, no person lawfully occupying real
property shall be required to move from his/her dwelling or to move his/her business or farm operation
without at least 90 -days written notice from ADMINISTERING AGENCY. ADMINISTERING
AGENCY will provide STATE with specific assurances, on each portion of the PROJECT, that no person
will be displaced until comparable decent, safe and sanitary replacement housing is available within a
reasonable period of time prior to displacement, and that ADMINISTERING AGENCY's relocation
program is realistic and adequate to provide orderly, timely and efficient relocation of displaced persons
for the PROJECT as provided in Federal Highway Programs Manual (FHPM 7 -5).
6. In all real property transactions acquired for the PROJECT, following recordation of the
deed or such other recorded instrument evidencing title in the name of the ADMINISTERING AGENCY
or their assignee, there shall also be recorded a separate document which is an "Agreement Declaring
Restrictive Covenants." Said Agreement Declaring Restrictive Covenants will incorporate the assurances
included within Exhibits A and B and Appendices A, B, C and D, as appropriate, when executed by
ADMINISTERING AGENCY.
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ARTICLE III - MANAGEMENT AND MAINTENANCE OF PROPERTY
1. ADMINISTERING AGENCY will maintain and operate the PROJECT property acquired,
developed 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 successors in interest in the property may transfer this obligation and responsibility to maintain and
operate the property to another public entity.
2. Upon ADMINISTERING AGENCY acceptance of the completed Federal -aid construction
contract or upon contractor being relieved of the responsibility for maintaining and protecting a portion of
the work, the agency having jurisdiction over the PROJECT shall maintain the completed work in a
manner satisfactory to the authorized representatives of STATE and the United States. If, within 90 days
after receipt of notice from STATE that a PROJECT, or any portion thereof, under ADMINISTERING
AGENCY's jurisdiction is not being properly maintained and ADMINISTERING AGENCY has not
satisfactorily remedied the conditions complained of, the approval of future Federal -aid projects of
ADMINISTERING AGENCY will be withheld until the PROJECT shall have been put in a condition of
maintenance satisfactory to STATE and the Federal Highway Administration. The provisions of this
section shall not apply to a PROJECT 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 PROJECT but its operation as well. PROJECT shall be maintained by an adequate and well - trained
staff of engineers and/or such other professionals and technicians as the project requires. Said
maintenance staff may be employees of ADMINISTERING AGENCY, another unit of government, or a
contractor under agreement with ADMINISTERING AGENCY. All maintenance will be performed at
regular intervals or as required for efficient operation of the complete PROJECT improvements.
ARTICLE IV - FISCAL PROVISIONS
1. The PROJECT, or portions thereof, must be included in a Federally- approved Statewide
Transportation Improvement Program (FSTIP) prior to ADMINISTERING AGENCY submittal of the
"Request for Authorization."
2. State and Federal funds will not participate in PROJECT work performed in advance of
approval of the "Authorization to Proceed." The parties shall execute a PROGRAM SUPPLEMENT
between STATE and ADMINISTERING AGENCY subsequently incorporating the "Authorization to
Proceed."
3. ADMINISTERING AGENCY may submit invoices in arrears for reimbursement of
participating PROJECT costs on a monthly or quarterly progress basis once the PROJECT PROGRAM
SUPPLEMENT has been executed by STATE and the PR -2 has been executed by FHWA. The total of all
amounts claimed, plus any required matching funds, must not exceed the actual total allowable costs of all
completed engineering work, right of way acquisition, and construction.
4. Invoices shall be submitted on ADMINISTERING AGENCY letterhead and shall include
this AGREEMENT number, Federal -aid project number, and Progress billing number for the PROJECT,
and shall be in accordance with REENGINEERED PROCEDURES.
5. The estimated total cost of PROJECT, the amounts of Federal -aid programmed, and the
matching amounts agreed upon may be adjusted by mutual consent of the parties hereto in a Finance
Letter/Detail Estimate and a PR -2 document which are to be considered as part of this AGREEMENT.
Federal -aid program amounts may be increased to cover PROJECT cost increases only if such funds are
available and FHWA concurs with that increase.
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6. When additional federal -aid funds are not available, the ADMINISTERING AGENCY
agrees that the payment of Federal funds will be limited to the amounts approved by the PR -2, or its
modification (PR -2A), and agrees that any increases in PROJECT costs must be defrayed with
ADMINISTERING AGENCY funds.
7. ADMINISTERING AGENCY shall use its own nonfederal -aid funds to finance the local
share of eligible costs and all expenditures ruled ineligible for financing with Federal funds. STATE shall
make the determination of ADMINISTERING AGENCY cost eligibility for Federal fund financing.
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 STATE as provided
hereunder or should ADMINISTERING AGENCY breach this Agreement by failing to complete
PROJECT, then, within 30 days of demand, or within such other period as may be agreed to in writing
between the parties hereto, STATE, acting through the State Controller, the State Treasurer, or any other
public agency, may withhold or demand a transfer of an amount equal to the amount owed to STATE 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
Federal -aid projects.
10. Should ADMINISTERING AGENCY be declared to be in breach of this AGREEMENT or
otherwise in default thereof by STATE, and if ADMINISTERING AGENCY is constituted as a joint
powers authority, special district, or any other public entity not directly receiving funds through the State
Controller, STATE is authorized to obtain reimbursement from whatever sources of funding are available,
including the withholding or transfer of funds, pursuant to Article IV - 9, from those constituent entities
comprising a joint powers authority or by bringing of an action against ADMINISTERING AGENCY or
its constituent member entities, to recover all funds provided by STATE hereunder.
ARTICLE V - RETENTION OF RECORDS /AUDITS
1. For the purpose of determining compliance with Public Contract Code Section 10115, et.
seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et, seq., when applicable, and
other matters connected with the performance of the Agreement pursuant to Government Code
Section 10532, ADMINISTERING AGENCY and any third parry under contract with ADMINISTERING
AGENCY shall retain all original records to the project financed with Federal funds and shall make records
available upon request by Federal and State representatives. Following final settlement of the project costs
with FHWA the records/documents may be microfilmed by the ADMINISTERING AGENCY, but in any
event shall be retained for a period of three years from STATE payment of the final voucher, or a four -year
period from the date of the final payment under the contract, whichever is longer. ADMINISTERING
AGENCY shall retain records/documents longer if required in writing by STATE.
2. Per the Single Audit Act of 1984, any ADMINISTERING AGENCY that receives
$100,000.00 or more per fiscal year in Federal Financial Assistance shall have an audit performed by an
independent audit firm per the Single Audit Act - (see OMB -A128, "Audits of State and Local
Governments ").
ARTICLE VI - FEDERAL LOBBYING ACTIVITIES CERTIFICATION
1. By execution of this AGREEMENT, ADMINISTERING AGENCY certifies, to the best of
the signatory officer's knowledge and belief, that:
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A. No STATE or Federal appropriated funds have been paid or will be paid, by or on
behalf of ADMINISTERING AGENCY, to any person for influencing or attempting to influence an
officer or employee of any STATE or Federal agency, a Member of the State Legislature or United States
Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the
Legislature or Congress in connection with the awarding of any STATE or Federal contract including this
Agreement, the making of any STATE or Federal loan, the entering into of any cooperative contract, and
the extension, continuation, renewal, amendment, or modification of any STATE or Federal contract,
grant, loan, or cooperative contract.
B. If any funds other than Federal appropriated funds have been paid, or will be paid,
to any person for influencing or attempting to influence an officer or employee of any Federal agency, a
member of Congress, an officer or employee of Congress or an employee of a member of Congress in
connection with this Agreement, grant, local, or cooperative contract, ADMINISTERING AGENCY shall
complete and submit Standard Form -LLL, "Disclosure Form to Rep Lobbying," in accordance with the
form instructions.
C. This certification is a material representation of fact upon which reliance was placed
when this Agreement 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 file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
2. ADMINISTERING AGENCY also agrees by signing this document that the language of
this certification will be included in all lower tier sub - agreements which exceed $100,000 and that all such
sub - recipients shall certify and disclose accordingly.
ARTICLE VII - MISCELLANEOUS PROVISIONS
1. 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 ADMINISTERING AGENCY
under, or in connection with, any work, authority or jurisdiction delegated to ADMINISTERING
AGENCY under this AGREEMENT. It is understood and agreed that, pursuant to Government Code
Section 895.4, ADMINISTERING AGENCY shall fully defend, indemnify and save harmless STATE,
its officers, and employees from all claims, suits or actions of every name, kind and description brought
for, or on account of, injury (as defined in Government Code Section 810.8) occurring by reason of
anything done, or omitted to be done, by ADMINISTERING AGENCY under, or in connection with, any
work, authority or jurisdiction delegated to ADMINISTERING AGENCY under this Agreement. STATE
reserves the right to represent itself in any litigation in which STATE's interests are at stake.
2. Neither ADMINISTERING AGENCY 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
STATE under, or in connection, with any work, authority, or jurisdiction delegated to STATE under this
AGREEMENT. It is also understood and agreed that, pursuant to Government Code Section 895.4,
STATE shall fully indemnify and hold ADMINISTERING AGENCY harmless from any liability imposed
for injury (as defined by Government Code Section 810.8) occurring by reason of anything done, or
omitted to be done, by STATE under, or in connection with, any work, authority, or jurisdiction delegated
to STATE under this Agreement. ADMINISTERING AGENCY reserves the right to represent itself in
any litigation in which ADMINISTERING AGENCY's interests are at stake.
3. ADMINISTERING AGENCY and the officers and employees of ADMINISTERING
AGENCY, when engaged in the performance of this Agreement, shall act in an independent capacity and
not as officers, employees or agents of STATE.
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4. STATE may terminate this AGREEMENT with ADMINISTERING AGENCY should
ADMINISTERING AGENCY fail to perform the covenants herein contained at the time and in the manner
herein 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 this AGREEMENT prior to termination, provided, however, that the cost of PROJECT completion
to STATE shall fast 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
shall be 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 the
right to annul this AGREEMENT without liability, pay only for the value of the work actually performed,
or in STATE's discretion, to deduct from the price of consideration, or otherwise recover, the full amount
of such commission, percentage, brokerage, or contingent fee.
8. In accordance with Public Contract Code Section 10296, ADMINISTERING AGENCY
hereby certifies under penalty of perjury that no more than one final unappealable finding of contempt of
court by. a Federal court has been issued against ADMINISTERING AGENCY within the immediate
preceding two-year period because of ADMINISTERING AGENCY's failure to comply with an order of
a Federal court that orders ADMINISTERING AGENCY to comply with an order of the National Labor
Relations Board.
9. ADMINISTERING AGENCY shall disclose any financial, business, or other relationship
with STATE or the FHWA that may have an impact upon the outcome of this AGREEMENT.
ADMINISTERING AGENCY shall also list current contractors who may have a financial interest in the
outcome of this AGREEMENT.
10. ADMINISTERING AGENCY hereby certifies that it does not now have nor shall it
acquire any financial or business interest that would conflict with the performance of PROJECT under this
AGREEMENT.
11. ADMINISTERING AGENCY warrants that this AGREEMENT was not obtained or
secured through rebates, kickbacks or other unlawful consideration either promised or paid to any STATE
employee. For breach or violation of this warranty, STATE shall have the right, in its discretion, to
terminate this AGREEMENT without liability, to pay only for the work actually performed, or to deduct
from the PROGRAM SUPPLEMENT price or otherwise recover the full amount of such rebate, kickback,
or other unlawful consideration.
12. This Agreement is subject to any additional restrictions, limitations, conditions, or any
statute enacted by the State Legislature that may affect the provisions, terms, or funding of this
AGREEMENT in any manner.
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IVANO
ARTICLE VIII - TERMINATION OF AGREEMENT
1. This Agreement and any PROGRAM SUPPLEMENT(s) executed under this
AGREEMENT shall terminate upon 60 days' prior written notice by STATE.
2. Each separate PROGRAM SUPPLEMENT shall separately establish the term and funding
limits for each described PROJECT funded under this Federal -aid program. No STATE or FHWA funds
are obligated against this AGREEMENT.
IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized
officers.
STATE OF CALIFORNIA CITY OF POWAY
DEPARTMENT OF TRANSPORTATION
Chief, Office of Local Programs
Project Implementation
Date e�,'" /_? — %
By
� CITY �%N�inlgGE�
ADMINISTERING AGENCY
Representative Name & Title
(Authorized Governing Body Representative)
Date 5150
11/29/95
By
Chief, Office of Local Programs
Project Implementation
Date e�,'" /_? — %
By
� CITY �%N�inlgGE�
ADMINISTERING AGENCY
Representative Name & Title
(Authorized Governing Body Representative)
Date 5150
11/29/95
EXHIBIT A
IVAO
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, religion, ancestry or national origin.
ADMINISTERING AGENCY will take affirmative action to ensure that employees are treated during
employment, without regard to their race, sex, actual or perceived sexual orientation, color, religion,
ancestry, or national origin. Such action shall include, but not be limited to, the following: employment,
upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay
or other forms of compensation; and selection for training, including apprenticeship. ADMINISTERING
AGENCY shall post in conspicuous places, available to employees for employment, notices to be
provided by STATE setting forth the provisions of this Fair Employment section.
2. ADMINISTERING AGENCY will permit access to the records of employment,
employment advertisements, application forms, and other pertinent data and records by STATE, the State
Fair Employment and Housing Commission, or any other agency of the State of California designated by
STATE, for the purposes of investigation to ascertain compliance with the Fair Employment section of this
Agreement.
3. Remedies for Willful Violation:
(a) STATE may determine a willful violation of the Fair Employment provision to have
occurred upon receipt of a final judgment to that effect from a court in an action to
which ADMINISTERING AGENCY was a party, or upon receipt of a written
notice from the Fair Employment and Housing Commission that it has investigated
and determined that ADMINISTERING 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 terminate this Agreement either in whole or in part, and any loss or damage
sustained by STATE in securing the goods or services thereunder shall be borne
and paid for by ADMINISTERING AGENCY and by the surety under the
performance bond, if any, and STATE may deduct from any moneys due or
thereafter may become due to ADMINISTERING AGENCY, the difference
between the price named in the Agreement and the actual cost thereof to STATE to
cure ADMINISTERING AGENCY's breach of this Agreement.
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EXHIBIT B
NONDISCRIMINATION ASSURANCES
ADMINISTERING AGENCY HEREBY AGREES THAT, as a condition to receiving any Federal
financial assistance from the STATE, acting for the U.S. Deparunent of Transportation, it will comply
with Title VI of the Civil Rights Act of 1964, 78 Star. 252, 42 U.S.C. 2000d -42 U.S.C. 2000d -4
(hereinafter referred to as the ACT), and all requirements imposed by or pursuant to Title 49, Code of
Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21,
"Nondiscrimination in Federally - Assisted Programs of the Department of Transportation - Effectuation of
Title VI of the Civil Rights Act of 1964" (hereinafter referred to as the REGULATIONS), the Federal -aid
Highway Act of 1973, and other pertinent directives, to the end that in accordance with the ACT,
REGULATIONS, and other pertinent directives, no person in the United States shall, on the grounds of
race, color, sex, national origin, religion, age or disability, be excluded from participation in, be denied the
benefits of, or be otherwise subjected to discrimination under any program or activity for which
ADMINISTERING AGENCY receives Federal financial assistance from the Federal Department of
Transportation, ADMINISTERING AGENCY HEREBY GIVES ASSURANCE THAT
ADMINISTERING AGENCY will promptly take any measures necessary to effectuate this agreement.
This assurance is required by subsection 213(a) (1) of the REGULATIONS.
More specifically, and without limiting the above general assurance, ADMINISTERING
AGENCY hereby gives the following specific assurances with respect to its Federal -aid Program:
1. That ADMINISTERING AGENCY agrees that each "program" and each "facility" as
defined in subsections 21.23 (e) and 21.23 (b) of the REGULATIONS, will be (with regard to a
"program ") conducted, or will be (with regard to a "facility") operated in compliance with all requirements
imposed by, or pursuant to, the REGULATIONS.
2. That ADMINISTERING AGENCY shall insert the following notification in all solicitations
for bids for work or material subject to the REGULATIONS made in connection with the Federal -aid
Program and, in adapted form, in all proposals for negotiated agreements:
ADMINISTERING AGENCY hereby notifies all bidders that it will affirmatively
insure that in any agreement entered into pursuant to this advertisement, minority
business enterprises will be afforded full opportunity to submit bids in response to
this invitation and will not be discriminated against on the grounds of race, color,
sex, national origin, religion, age, or disability in consideration for an award.
3. That ADMINISTERING AGENCY shall insert the clauses of Appendix A of this
assurance in every agreement subject to the ACT and the REGULATIONS.
4. That the clauses of Appendix B of this Assurance shall be included as a covenant running
with the land, in any deed effecting a transfer of real property, structures, or improvements thereon, or
interest therein.
5. That where ADMINISTERING AGENCY receives Federal financial assistance to construct
a facility, or part of a facility, the Assurance shall extend to the entire facility and facilities operated in
connection therewith.
10 11129/95
%.W V�o
6. That where ADMINISTERING AGENCY receives Federal financial assistance in the
form, or for the acquisition, of real property or an interest in real property, the Assurance shall extend to
rights to space on, over, or under such property.
7. That ADMINISTERING AGENCY shall include the appropriate clauses set forth in
Appendix C and D of this Assurance, as a covenant running with the land, in any future deeds, leases,
permits, licenses, and similar agreements entered into by the ADMINISTERING AGENCY with other
parties:
Appendix C;
(a) for the subsequent transfer of real property acquired or improved under the Federal -
aid Program; and
Appendix D;
(b) for the construction or use of or access to space on, over, or under real property
acquired, or improved under the Federal -aid Program.
8. That this assurance obligates ADMINISTERING AGENCY for the period during which
Federal financial assistance is extended to the program, except where the Federal financial assistance is to
provide, or is in the form of, personal property or real property of interest therein, or structures, or
improvements thereon, in which case the assurance obligates ADMINISTERING AGENCY or any
transferee for the longer of the following periods:
(a) the period during which the property is used for a purpose for which the Federal
financial assistance is extended, or for another purpose involving the provision of
similar services or benefits; or
(b) the period during which ADMINISTERING AGENCY retains ownership or
possession of the property.
9. That ADMINISTERING AGENCY shall provide for such methods of administration for
the program as are found by the U.S. Secretary of Transportation, or the official to whom he delegates
specific authority, to give reasonable guarantee that ADMINISTERING AGENCY, other recipients, sub -
grantees, applicants, sub - applicants, transferees, successors in interest, and other participants of Federal
financial assistance under such program will comply with all requirements imposed by, or pursuant to, the
ACT, the REGULATIONS, this Assurance and the Agreement.
10. That ADMINISTERING AGENCY agrees that the United States and the State of California
have a right to seek judicial enforcement with regard to any matter arising under the ACT, the
REGULATIONS, and this Assurance.
THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all
Federal grants, loans, agreements, property, discounts or other Federal financial assistance extended after
the date hereof to ADMINISTERING AGENCY by STATE, acting for the U.S. Department of
Transportation, and is binding on ADMINISTERING AGENCY, other recipients, subgrantees,
applicants, sub - applicants, transferees, successors in interest and other participants in the Federal -aid
Highway Program.
11 11/29/95
APPENDIX A TO EXHIBIT B
During the performance of this Agreement, ADMINISTERING AGENCY, for itself, its assignees
and successors in interest (hereinafter collectively referred to as ADMINISTERING AGENCY) agrees as
follows:
(1) Compliance with Re IWations: ADMINISTERING AGENCY shall comply with the
regulations relative to nondiscrimination in Federally assisted programs of the Department of
Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to
time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and
made a part of this agreement.
(2) Nondiscrimination: ADMINISTERING AGENCY, with regard to the work performed by
it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin,
religion, age, or disability in the selection and retention of sub - applicants, including procurements of
materials and leases of equipment. ADMINISTERING AGENCY shall not participate either directly or
indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment
practices when the agreement covers a program set forth in Appendix B of the REGULATIONS.
(3) Solicitations for Sub - agreements. Including Procurements of Materials and EQuiipment: In
all solicitations either by competitive bidding or negotiation made by ADMINISTERING AGENCY for
work to be performed under a Sub - agreement, including procurements of materials or leases of equipment,
each potential sub - applicant or supplier shall be notified by ADMINISTERING AGENCY of the
ADMINISTERING AGENCY's obligations under this Agreement and the REGULATIONS relative to
nondiscrimination on the grounds of race, color, or national origin.
(4) Information and Reports: ADMINISTERING AGENCY shall provide all information and
reports required by the REGULATIONS, or directives issued pursuant thereto, and shall permit access to
ADMINISTERING AGENCY's books, records, accounts, other sources of information, and its facilities
as may be determined by STATE or FHWA to be pertinent to ascertain compliance with such
REGULATIONS or directives. Where any information required of ADMINISTERING AGENCY is in
the exclusive possession of another who fails or refuses to furnish this information, ADMINISTERING
AGENCY shall so certify to STATE or the FHWA as appropriate, and shall set forth what efforts
ADMINISTERING AGENCY has made to obtain the information.
(5) Sanctions for Noncompliance: In the event of ADMINISTERING AGENCY's
noncompliance with the nondiscrimination provisions of this agreement, STATE shall impose such
agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
(a) withholding of payments to ADMINISTERING AGENCY under the Agreement until
ADMINISTERING AGENCY complies; and/or
(b) cancellation, termination or suspension of the Agreement, in whole or in part
(6) Incorporation of Provisions: ADMINISTERING AGENCY shall include the provisions of
paragraphs (1) through (6) in every sub - agreement, including procurements of materials and leases of
equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto.
ADMINISTERING AGENCY shall take such action with respect to any sub - agreement or procurement as
STATE or FHWA may direct as a means of enforcing such provisions including sanctions for
noncompliance, provided, however, that, in the event ADMINISTERING AGENCY becomes involved
in, or is threatened with, litigation with a sub - applicant or supplier as a result of such direction,
ADMINISTERING AGENCY may request STATE enter into such litigation to protect the interests of
STATE, and, in addition, ADMINISTERING AGENCY may request the United States to enter into such
litigation to protect the interests of the United States.
12 11129/95
*.o .1
APPENDIX B TO EXHIBIT B
The following clauses shall be included in any and all deeds effecting or recording the transfer of
PROJECT real property, structures or improvements thereon, or interest therein from the United States.
(GRANTING CLAUSE)
NOW, THEREFORE, the U.S. Department of Transportation, as authorized by law, and upon the
condition that ADMINISTERING AGENCY will accept title to the lands and maintain the project
constructed thereon, in accordance with Title 23, United States Code, the Regulations for the
Administration of Federal -aid for Highways and the policies and procedures prescribed by the Federal
Highway Administration of the Department of Transportation and, also 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 Star. 252; 42 U.S.C. 2000d to 2000d -4), does hereby remise, release, quitclaim
and convey unto the ADMINISTERING AGENCY all the right, title, and interest of the U.S. Department
of Transportation in, and to, said lands described in Exhibit "A" attached hereto and made a part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto ADMINISTERING AGENCY
and its successors forever, subject, however, to the covenant, conditions, restrictions and reservations
herein contained as follows, which will remain in effect for the period during which the real property or
structures are used for a purpose for which Federal financial assistance is extended or for another purpose
involving the provision of similar services or benefits and shall be binding on ADMINISTERING
AGENCY, its successors and assigns.
ADMINISTERING AGENCY, in consideration of the conveyance of said lands and interests in
lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and
assigns,
(1) that no person shall on the grounds of race, color, sex, national origin, religion, age or
disability, be excluded from participation in, be denied the benefits of, or be otherwise
subjected to discrimination with regard to any facility located wholly or in part on, over, or
under such lands hereby conveyed (;) (and) *
(2) that ADMINISTERING AGENCY shall use the lands and interests in lands so conveyed,
in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal
Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21,
Non - discrimination in Federally- assisted programs of the Department of Transportation -
Effectuation of Tide VI of the Civil Rights Act of 1964, and as said Regulations may be
amended (;) and
(3) that in the event of breach of any of the above - mentioned nondiscrimination conditions, the
U.S. Department of Transportation shall have a right to re-enter said lands and facilities on
said land, and the above - described land and facilities shall thereon revert to and vest in and
become the absolute property of the U.S. Department of Transportation and its assigns as
such interest existed prior to this deed.*
* Reverter clause and related language to be used only when it is determined that such a clause is
necessary in order to effectuate the purposes of Tide VI of the Civil Rights Act of 1964.
13 11/29/95
APPENDIX C TO EXHIBIT B
The following clauses shall be included in any and all deeds, licenses, leases, permits, or similar
instruments entered into by ADMINISTERING AGENCY, pursuant to the provisions of Assurance 7(a)
of Exhibit B.
The grantee (licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal
representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby
covenant and agree fin the case of deeds and leases add "as covenant running with the land ") that in the
event facilities are constructed, maintained, or otherwise operated on the said property described in this
(deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation program
or activity is extended or for another purpose involving the provision of similar services or benefits, the
(grantee, licensee, lessee, permittee, etc.), shall maintain and operate such facilities and services in
compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations,
U.S. Department of Transportation, Subtitle A, Office of Secretary, Part 21, Nondiscrimination in
Federally- assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil
Rights Act of 1964, and as said Regulations may be amended.
(Include in licenses, leases, permits, etc.)*
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING
AGENCY shall have the right to terminate the (license, lease, permit etc.) and to re -enter and repossess
said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been
made or issued.
(Include in deeds)*
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING
AGENCY shall have the right to re -enter said land and facilities thereon, and the above - described lands
and facilities shall thereupon revert to and vest in and become the absolute property of ADMINISTERING
AGENCY and its assigns.
* Reverter clause and related language to be used only when it is determined that such a clause is
necessary in order to effectuate the purposes of Tide VI of the Civil Rights Act of 1964.
14 11/29/95
. !
%W
APPENDIX D TO EXHIBIT B
The following shall be included in all deeds, licenses, leases, permits, or similar agreements
entered into by the ADMINISTERING AGENCY, pursuant to the provisions of Assurance 7 (b) of
Exhibit B.
The grantee (licensee, lessee, permittee, etc., as appropriate) for himself, his personal
representatives, successors in interest and assigns, as a part of the consideration hereof, does hereby
covenant and agree (in the case of deeds, and leases add "as a covenant running with the land ") that:
(1) no person on the ground of race, color, sex, national origin, religion, age or disability,
shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in
the use of said facilities;
(2) that in the construction of any improvements on, over, or under such land and the
furnishing of services thereon, no person on the ground of race, color, sex, national origin, religion, age
or disability shall be excluded from participation in, denied the benefits of, or otherwise be subjected to
discrimination; and
(3) that the (grantee, licensee, lessee, permittee, etc„) shall use the premises in compliance
with the Regulations.
(Include in licenses, leases, permits, etc.)*
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING
AGENCY shall have the right to terminate the (license, lease, permit, etc.) and to re-enter and repossess
said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been
made or issued.
(Include in deeds)*
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING
AGENCY shall have the right to re-enter said land and facilities thereon, and the above - described lands
and facilities shall thereupon revert to and vest in and become the absolute property of ADMINISTERING
AGENCY, and its assigns.
* Reverter clause and related language to be used only when it is determined that such a clause is
necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.
15
11/29/95
PROGRAM SUPPLEMENT NO. _04
DIST. 11 - SD -O -Pwy
TO *NW
44&4
PROJECT NO. M -S391 (1]
LOCAL AGENCY -STATE AGREEMENT
'FOR FEDERAL -AID PROJECTS NO. _ - 11 -5428
CA • C, G 3 `S°
DATE: April 4, 1988
This Program Supplement is hereby incorporated into the Local Agency -State Agreement
for Federal -Aid which was entered into between the LOCAL AGENCY and the STATE on
and is subj6ct to all the terms and conditions thereof. This Program
Supplement is adopted in accordance with Paragraph 2 of Article II of the aforementioned
Master Agreement under authority of Resolution No. 88 -061 , approved by the
LOCAL AGENCY on 6/21/88 (See copy attached).
The Local Agency further stipulates that as a condition to payment of funds obligated to this project,
it accepts and will comply with the convenants or remarks set forth on the following pages•
PROJECT LOCATION: On COTmunity Rd -Poway Rd to Twirl Peaks Rd
TYPE OF WORK: Road Resurfacing LENGTH: J.? (MILES)
PROJECT CLASSIFICATION OR PHASE(S) OF WORK:
PRELIMINARY ENGINEERING F-1 RIGHT -OF -WAY
(Other)
CONSTRUCTION ENGINEERING 7 CONSTRUCTION
TOTAL ESTIMATED COST
FEDERAL FUNDS
MATCHING FUNDS
LOCAL:
OTHER:
OTHER:
OTHER,
$260,000
$224,744
$3S,256
CitV of Poway STATE OF CALIFORNIA
LOCAL AGENCY DEPARTMENT OF TRANSPORTATION
By
• Date y ,!2 .0
Mane er /
/ CHIEF DEPUTY UI�(. DIHECR7 R, PBU;. GE4 c:.UP,
(Title of Authorized Official)
'/; Y
.Attest:, �-. lJGit�� District 11 Date `"
City Clerk
(Title)
.................................................................................. ...............................
i hereby Certify, upon my personal knowledge that bu dbeted funds are available for this encumbrance
.............. ... .. ...................................................... ............. .J.................
Accounting Officer 7'Si -c� ' Date $ aZLA 11
Chapter
St es
Item
Fiscal Yr.
Program
SC
Category
Fund Source
$
35
1�r6ll
auo (c)
1991_98
30C1020 0
C
zacio 20
ioz
F.C. - DLSR 16 (REV. 4/87)
N
"K
Dist.: 11- SD -0 -R,y
Proj. # hi- S391(1)
u
April 4 1988
Page I of 2
SPECIAL COVENANTS OR REMARKS
1. All maintenance, involving the physical condition and the
operation of the improvements, referred to in Article VI
MAINTENANCE of the aforementioned Master Agreement will be
performed by the Local Agency at regular intervals or as
required for efficient operation of the completed improvements.
2. In executing this Program Supplemental Agreement the Local
Agencv hereby reaffirms the "Nondiscrimination Assurances"
contained in the aforementioned Master Agreement for
Federal -Aid Programs.
3. The Local Agency will advertise, award, and administer this
project and will obtain the State's concurrence prior to
either award or rejection of the contract.
4. The Local Agencv agrees the payment of Federal funds will be
limited to the Detail Estimate amounts approved by the
Federal Highway Administration in the Federal -Aid Project
Agreement (PR -2), or its modification (PR -2A), and accepts
any increases in Local Agency Funds as shown on the Finance
or Bid Letter or its modification as prepared by the Division
of Local Streets and Roads.
RESOLUTION NO. 88-061
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF POWAY, CALIFORNIA, APPROVING
PROGRAM SUPPLEMENT NO. 4 TO THE MASTER
AGREEMENT FOR FEDERAL AID URBAN SYSTEM PROJECTS
WHEREAS, the City of Poway is party to Local Agency Agreement No.
11 -5428, being a Master Agreement for Federal Aid Urban System Projects
administered by CalTrans; and
WHEREAS, the City of Poway, as a Local Agency, is required to execute a
Program Supplement for each project to be funded for construction under
that Master Agreement; and
WHEREAS, Program Supplement No. 4 must be executed for the Resurfacing
of Community Road from Poway Road to Twin Peaks Road; and
NOW, THEREFORE, be it resolved by the City Council of the City of Poway
that:
1. Program Supplement No. 4 is approved providing for Federal
funding of $224,744 for Resurfacing of Community Road.
2. The City Manager and the City Clerk are authorized to execute
Program Supplement No. 4 on behalf of the City of Poway.
PASSED and ADOPTED by the City Council of the City of Poway, California
at a regular meeting thereof this 21st day of June, 1988.
Bob Emery, Mayor
ATTEST:
Marjorie K. Wahlsten, City Clerk
RESO4
..
Resolution No. 88 -061
Page 2
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify
under penalty of perjury that the foregoing Resolution, No. 88 -061, was duly
adopted by the City Council at a meeting of said City Council held on the 21st
day of June, 1988, and that it was so adopted by the following vote:
AYES: Brannon, Higginson, Kruse, Tarzy, Emery
NOES: None
ABSTAIN: None
ABSENT: None
"1
Marjorie K. Wahlsten, City Clerk
City of Poway
Local Agency�ity
Supplement No.
To Local Agency -State
Agreement No.
Project No.
of Poway
11 -5428
MG- S390C1)
PROGRAM
OF
LOCAL AGENCY FEDERAL -AID URBAN SYSTEM PROJECTS
IN THE
City of P
Lanr Agency
Pursuant to the Federal -Aid for Urban Systems Acts, the attached "Program" of Federal-Aid
Urban System Projects marked "Exhibit B" is hereby incorporated in that Master Agreement for
the Federal -Aid Program which was entered into between the above named LOCAL AGENCY
and the STATE on January 13, 1984 and is subject to all of the
terms and conditions thereof.
The subject program is adopted in accordance with Paragraph 2 of Article II of the aforemen-
tioned agreement under authority of City /C @� Resolution No. 84 -011
approved by the City Council / U MA?;Xon February 28, 1984
(See copy attached).
I�
Approved for State Attt
CHIEF. DEPUTY DIST. DIR CTOR. PROJ. DEVELOP,
i
District 11
Date
Department of Transportation
DLA -411 (2/81)
City of Poway
Agency
I hereby Certify upon my own personal knowledge that budgeted funds are available
for this encumbrance.
Accounting Officer
$)33 9W
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Program
NSU
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Local Aget City of Powa
Date January
20, 1984
Supplement No. 2
To Local Agency -State
Agreement No. 11-5428
PROGRAM
OF
LOCAL AGENCY FEDERAL -AID SAFETY IMPROVEMENT PROJECTS
IN THE
City of Poway
La l Agency
Pursuant to the Federal Highway Safety Act the attached "Program" of Federal -Aid Projects
marked "Exhibit B" is hereby incorporated in that Master Agreement for the Federal -Aid
Program which was entered into between the above named LOCAL AGENCY and the STATE
on Janua ry_1_3 , 19 8 S and is subject to all of the terms and conditions
thereof.
The subject program is adopted in accordance with Paragraph 2 of Article II of the afore-
mentioned agreement under authority of City / (ZoaWResolution No. 84 -011
approved by the City CounciVJCEXtifif )Bbkx` &7d 4Ki iiA&yon February 28. 1984
(See copy attached).
Approved for State
CHIEF DEPUTY DIST. DIRECTOR, RDJ. DEVELOP.
District 11
Department of Transportation Date
DlA l(z /91)
City of Poway
Local Agency
I hereby Certify upon my own personal knowledge that budgeted funds are available
for this encunbrance.
_ —� °-
Accounting Officer
f,
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RESOLUTION NO. 84 -011
0
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF POWAY, CALIFORNIA,. APPROVING
PROGRAM SUPPLEMENTS 2 AND 3 TO THE MASTER
AGREEMENT FOR FEDERAL AID URBAN SYSTEM PROJECTS
WHEREAS, the City of Poway is party to Local Agency Agreement
No. 11 -5428, being a Master Agreement for Federal Aid Urban System
Projects administered by CalTrans; and
WHEREAS, the City of Poway, as a Local Agency, is required to
execute a Program Supplement for each project to be funded for construc-
tion under that Master Agreement; and
WHEEREAS, Program Supplement No. 2 must be executed for the installation
of raised pavement markers on Poway Road from Garden Road to State Route 67;
and
WHEREAS, Program Supplement No. 3 must be executed for the installation
of traffic signals and channeiization of the intersection of Powav Road and
Espola Road.
that:
NOW, THEREFORE, be it resolved by the City Council of the City of Poway
1. Program Supplement No. 2 is approved providing for Federal
funding of $31,800 for raised pavement markers on Poway Road.
2. Program Supplement No. 3 is approved providing for Federal
funding of $133,800 for traffic signals and channelization
of the intersection of Poway Road and Espola Road.
3. The City Manager and the City Clerk are authorized to execute
Program Supplements No. 2 and No. 3 on behalf of the City of
Poway.
PASSED and ADOPTED by the City Council of the City of Poway, California
at a regular meeting thereof this 28th day of February, 1984.
ATTEST:
Marjorie K. Wahlsten
City Clerk
Linda Oravec, Mayor
*AW
MASTER AGREEMENT
14"d
t_('GI ME 11C( STATE /)6RE B T
L
FEDERAL -AID PROJECTS
RECEIVED
JAN ?. 'l i68:;
C;TY OF PO!AhAY
CITY CLERK'S OFFICE
11 San Diego Poway
District ounty City
AGREEMENT NO. 11 -5428
THIS AGREEMENT, made in duplicate this 13th day of
Jar 19$1, by and between the Cit of-73—way ,
po itl' ical subdivision s) of the State of Ca i ornia hereinafter referred
to as "LOCAL AGENCY ", and the STATE OF CALIFORNIA, acting by and through
the Department of Transportation, herinafter referred to as "STATE ".
WITNESSETH:
WHEREAS, the Congress of the United States has declared it to be
in the national interest for Federal Funds to be expended for highway,
fringe parking, bicycle transportation, pedestrian walkways, and mass
transportation projects; and
WHEREAS, the Legislature of the State of California has enacted
legislation by which certain Federal funds authorized may be made
available for use on local transportation facilities in accordance
with the intent of Federal acts; and
WHEREAS, there exists a compelling need for improvements or
restoration of roads, streets, highways, fringe parking, and public
transportation facilities within the boundaries of LOCAL AGENCY; and
WHEREAS, LOCAL AGENCY and STATE therefore desire to make use of
such Federal funds as may be made available within the jurisdictional
boundaries of said LOCAL AGENCY; and
WHEREAS, before Federal -aid will be made available for projects,
LOCAL AGENCY and STATE are required to enter into an agreement relative
to prosecution of the said project and maintenance of the completed
facility.
DH -OLA 255 (4 -77)
�Nw
THEREFORE, the parties agree as follows:
ARTICLE I - CONDITIONS
1. Projects located in urbanized areas (unless exempt) must
be part of a program which serves to implement an areawide plan held
currently valid by the regional transportation policy board.
2. Federal funds may participate only in work which has been
officially programmed to and authorized by the Federal Highway
Administration in advance of its performance.
3. Funds apportioned such as the STATE's share of FAS funds
are considered Federal -aid funds.
ARTICLE II - IMPROVEMENTS /RESTORATIONS
1. The term "IMPROVEMENT" or "RESTORATION" as used herein
means any work that is financed in part with Federal funds.
2. The Supplemental Local Agency -State Agreement (program
supplement) shall be in a form prescribed by STATE; and shall
designate who shall advertise, award, and administer the contract,
the Federal funds requested, and the matching funds to be provided
by LOCAL AGENCY, and, if a State Highway is involved, the matching
funds to be provided by STATE. Adoption of the program supplement
by LOCAL AGENCY and approval by STATE shall cause such program
supplement to be a part of this agreement as though fully set forth
herein. Unless otherwise delegated the program supplement shall be
approved by the LOCAL AGENCY's governing body. Cooperative projects
including work on a State highway shall be the subject of a separate
cooperative agreement.
3. In processing IMPROVEMENTS or RESTORATIONS, LOCAL AGENCY
will conform to all STATE statutes, regulations and procedures (in-
cluding those set forth in the STATE's Local Programs Manual) re-
lating to the Federal -aid program and to all applicable Federal laws,
regulations, and policy and procedural or instructional memoranda.
This includes, but is not limited to, the holding of public hearings
when required, the publishing of various press notices, and the pre-
paration of plans, specifications, and estimates.
4. Unless otherwise designated in the approved program supple-
ment, improvements will be constructed by contract in accordance with
DH -OLA 255 l4 -77 -2-
Y
*.r 1%"
Certification Acceptance procedures approved by the FHWA. Such pro-
cedures require the use of Specifications described in the State's
Certification; STATE approval of plans, special provisions and esti-
mated costs prior to advertisement; a certification by LOCAL AGENCY
with respect to the right -of -way; and advertisement for a minimum
of 3 weeks prior to bid opening. The contract will be awarded by
LOCAL AGENCY, its agent, or by STATE as may be determined between
the parties prior to each project advertisement.
5. When the IMPROVEMENT or RESTORATION includes work to be
performed by a railroad, the contract for such work shall be entered
into by LOCAL AGENCY or by STATE, as parties hereto agree. A con-
tract entered into by LOCAL AGENCY for such work must have prior
approval of STATE. In either event, LOCAL AGENCY shall enter into
an agreement with the railroad providing for maintenance of the pro-
tective devices or other facilities installed under the service
contract.
6. LOCAL AGENCY shall provide or arrange for adequate super-
vision and inspection of each improvement, including contracts awarded
by STATE. With prior State approval, surveying, inspection and test-
ing may be performed by a consulting engineer provided an employee of
LOCAL AGENCY is in responsible charge.
7. STATE shall exercise general supervision over Federal -aid
improvements and may assume full and direct control over the project
whenever STATE, at its sole discretion, shall determine that its
responsibility to the United States so requires. LOCAL AGENCY
contracts shall so stipulate.
ARTICLE III - RIGHTS -OF -WAY
1. No contract for the construction of a Federal -aid IMPROVE-
MENT or RESTORATION project shall be awarded until the necessary
rights -of -way have been secured. Prior to the advertising of a proj-
ect on a local street, LOCAL 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 contract award.
2. LOCAL AGENCY agrees to hold STATE harmless from any lia-
bility which may result in the event the right -of -way 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 improve-
ment free and clear of obstructions and encumbrances affecting the
DH -0LA 255 (4 -77) -3-
UW V40%
proposed project, the payment as required by applicable law of dam-
ages to real property not actually taken but injuriously affected by
the proposed improvement. LOCAL AGENCY shall pay from its funds
any costs which arise out of delays to the contractor because utility
facilities have not been removed or relocated, or because rights -of-
way have not been made available to the contractor for the orderly
prosecution of the work.
3. Subject to STATE approval and such supervision over LOCAL
AGENCY's right -of -way acquisition procedures as STATE may determine
is necessary, LOCAL AGENCY may claim reimbursement from Federal funds
for expenditures to purchase rights -of -way included in an approved
project.
4. The LOCAL AGENCY will comply with Title II and III of the
Uniform Real Property Acquisition Policy.
5. Whether or not Federal -aid is to be requested for right -of-
way, should LOCAL AGENCY, in acquiring right -of -way for a Federal -aid
IMPROVEMENT, displace an individual, family, business, farm operation,
or non - profit organization, relocation payments and services will be
provided as set forth in Chapter 5 of Title 23, U.S. Code. The public
will be adequately informed of the relocation payments and services
which will be available, and, to the greatest extent practicable, no
person lawfully occupying real property shall be required to move from
his dwelling or to move his business or farm operation without at least
90 -days written notice from the LOCAL AGENCY. LOCAL AGENCY will pro-
vide the State with specific assurance, on each project, that no person
will be displaced until comparable decent, safe and sanitary replace-
ment housing is available within a reasonable period of time prior to
displacement, and that LOCAL AGENCY's relocation program is realistic
and is adequate to provide orderly, timely and efficient relocation
of displaced persons for the project as provided in FHPM 7 -5.
ARTICLE IV - FISCAL PROVISIONS
1. When a Federal -aid IMPROVEMENT or RESTORATION contract is
to be awarded by STATE, matching funds will be provided by LOCAL AGENCY
prior to the time that such funds are required to reimburse contractor.
STATE will bill LOCAL AGENCY for amount due immediately following con-
tract award, or at option of LOCAL AGENCY, will submit monthly bills
during life of contract.
2. The estimated total cost of Federal -aid projects, the amounts
of Federal -aid programmed, and the matching amounts agreed upon may be
DH -OLA 255 (4 -77) -4-
J W
adjusted by mutual consent of the parties hereto, provided funds are
available to cover increases and provided Federal Highway Administration
concurs in any increase in the Federal -aid.
3. Upon submittal by LOCAL AGENCY of a statement of expenditures
for Federal -aid improvements, STATE will pay its agreed share and if
permitted by State Law will advance an amount equal to the legal pro
rata Federal share of the costs believed to be eligible for participa-
tion with Federal funds or will voucher Federal Highway Administration
for reimbursement.
4. LOCAL AGENCY shall use its own funds to finance the local
share of eligible costs and expenditures ruled ineligible for financ-
ing with Federal funds. STATE shall make preliminary determination
of eligibility for Federal fund financing. Ultimate determination
shall rest with the Federal Highway Administration. Any overpayment
of amounts due shall be returned to STATE upon demand.
5. When any portion of a LOCAL AGENCY project is performed by
STATE, charges therefor shall include assessment on direct labor costs
in accordance with Section 8755.1 of the State Administrative Manual.
The portion of such charges not financed with Federal funds shall be
paid from funds of LOCAL AGENCY.
5. Should LOCAL AGENCY fail to pay monies due STATE within 30
days of demand or within such other period as may be agreed between
the parties hereto, STATE, acting through State Controller, may with-
hold an equal amount from future apportionments due LOCAL AGENCY from
the Highway Users Tax Fund.
7. Auditors of STATE and the United States shall be given access
to LOCAL AGENCY's books and records and shall be given such assistance
and information as is requested for the purpose of checking costs paid,
or to be paid by STATE hereunder.
ARTICLE V - MISCELLANEOUS PROVISIONS
1. This agreement shall have no force or effect with respect
to any project unless and until said project has been authorized by
the Federal Highway Administration and a Program Supplemental Agree-
ment has been executed.
2. The Congress of the United States, the Legislature of the
State of California, and the Governor of the State of California,
each within their respective jurisdiction, have prescribed certain
employment practices with respect to contract and other work financed
DH -OLA 255 (4 -77) -5-
with Federal or State funds. LOCAL AGENCY shall insure that work per-
formed under this agreement is done in conformance with rules and
regulations embodying such requirements where they are applicable.
Nondiscrimination Assurances, Exhibit "A ", are hereby considered a
part of this agreement.
3. When Federal funds are to participate in the cost of work
done by a consultant, the agreement or contract with the consultant
may not be executed or awarded until the selection of the consultant
and the terms of the agreement or contract have been approved by
STATE. Such agreement or contract shall include a provision that
the work and records of the consultant are subject to inspection at
all times by representatives of LOCAL AGENCY, STATE and the Federal
Highway Administration and that agreement or contract may be terminated
by LOCAL AGENCY upon a finding that the consultant is failing to live
up to the terms of the agreement or contract. All major changes in
the agreement or contract must have prior approval of the STATE. As
soon as agreement or contract with consultant has been awarded, two
certified copies of said agreement or contract shall be submitted to
STATE.
4. LOCAL AGENCY and its contractors shall retain all original
records and documents relating to work hereunder financed in part
with Federal funds and shall make same available for inspection by
STATE and Federal representatives upon request. Following final
settlement of the project accounts with the Federal Highway Adminis-
tration, such records and documents may be microfilmed at the option
of LOCAL AGENCY, but in any event shall be retained for a three -year
period after FHWA payment of final voucher, or a four -year period from
the date of final payment under the contract, whichever is longer.
5. (a) Neither STATE nor any officer or employee thereof shall
be responsible for any damage or liability occurring by reason of any-
thing done or omitted to be done by LOCAL AGENCY under or in connection
with any work, authority or jurisdiction delegated to LOCAL AGENCY
under this agreement. It is also understood and agreed that, pursuant
to Government Code Section 895.4, LOCAL AGENCY shall fully indemnify
and hold STATE harmless from any liability imposed for injury (as defined
by Government Code Section 810.8) occurring by reason of anything done or
omitted to be done by LOCAL AGENCY under or in connection with any work,
authority or jurisdiction delegated to LOCAL AGENCY under this agreement.
(b) Neither LOCAL AGENCY 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 STATE under or in connection with
any work, authority or jurisdiction not delegated to LOCAL AGENCY under
this agreement. It is also understood and agreed that, pursuant to
Government Code Section 895.4, STATE shall fully indemnify and hold
nu nin ')GG (n_77) -F-
w.r
LOCAL AGENCY harmless from any liability imposed for injury (as defined
by Government Code Section 810.8) occurring by reason of anything done
or omitted to be done by STATE under or in connection with any work,
authority or jurisdiction not delegated to LOCAL AGENCY under this
agreement.
ARTICLE VI - MAINTENANCE
1. Upon acceptance by the awarding authority of a completed
Federal -aid project or upon the contractor being relieved of the
responsibility for maintaining and protecting a portion of the work,
the agency having jurisdiction over the transportation facility
shall maintain the completed work in a manner satisfactory to the
authorized representatives of the State and the United States. If,
within 90 days after receipt of notice from STATE that a project on
a transportation facility under its jurisdiction or any portion thereof
is not being properly maintained, LOCAL AGENCY has not satisfactorily
remedied the conditions complained of, the approval of further Federal -
aid projects of LOCAL 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 transportation facility which has been vacated
through due process of law.
2. The maintenance referred to in paragraph 1 above includes
not only the physical condition of the facility but its operation as
well. Traffic Operations Improvements on local streets shall be main-
tained by an adequate and well- trained staff of traffic engineers and
technicians. Said maintenance staff may be employees of a LOCAL AGENCY,
another unit of government or a consultant under contract with a LOCAL
AGENCY.
DH -OLA 255 (4 -77) -7-
Wow
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IN WITNESS WHEREOF, the parties have executed this agreement by
their duly authorized officers.
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
DISTRICT 11 .
CITY OF Poway
BY By r�1�G4�S1
Deputy District Director of Transportation or
Approval Recommended:
Engineer o
DH -OLA 255 (4 -77) -8-
ATTEST:
City , eI�—
w✓ r✓
IfiPEE QJT
C111EIT "A"'
NONDISCRIMINATION ASSURANCES
The C1910MCITY of Poway (hereinafter)
referred to as the RECIPIENT HEREBY AGREES THAT as a condition to
receiving any Federal financial assistance from the California Department
of Transportation, acting for the U. S. Department of Transportation, it
will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252,
42 U.S.C. 2000d -42 U.S.C. 2000d -4 (hereinafter referred to as the ACT),
and all requirements imposed by or pursuant to Title 49, Code of Federal
Regulations, Department of Transportation, Subtitle A, Office of the
Secretary, Part 21, Nondiscrimination in Federally- Assisted Programs of
the Department of Transportation - Effectuation of Title VI of the Civil
Rights Act of 1964 (hereinafter referred to as the REGULATIONS), the
Federal -aid Highway Act of 1973, and other pertinent directives, to the
end that in accordance with the ACT, REGULATIONS, and other pertinent
directives, no person in the United States shall, on the grounds of
race, color, sex, or national origin, be excluded from participation in,
be denied the benefits of, or be otherwise subjected to discrimination
under any program or activity for which the RECIPIENT receives Federal
financial assistance from the Federal Department of Transportation,
HEREBY GIVES ASSURANCE THAT it will promptly take any measures necessary
to effectuate this agreement. This assurance is required by subsection
21.7(a) (1) of the REGULATIONS.
More specifically and without limiting the above general assurance,
the RECIPIENT hereby gives the following specific assurances with respect
to its Federal -aid Program:
1. That the RECIPIENT agrees that each "program" and each
"facility" as defined in subsections 21.23 (e) and 21.23 (b) of
the REGULATIONS, will be (with regard to a "program ") conducted,
or will be (with regard to a "facility ") operated in compliance
with all requirements imposed by, or pursuant to, the REGULATIONS.
2. That the RECIPIENT shall insert the following notification
in all solicitations for bids for work or material subject to the
REGULATIONS made in connection with the Federal -aid Program and,
in adapted form in all proposals for negotiated agreements:
DH -OLA 255 (4 -77) -9-
AGREEMENT
EXHIBIT "A"
The (C5M/CITY of Poway or
other approved contracting authority) here y note ies
all bidders that it will affirmatively insure that in
any contract entered into pursuant to this advertisement,
minority business enterprises will be afforded full opportu-
nity to submit bids in response to this invitation and will
not be discriminated against on the grounds of race, color,
sex, or national origin in consideration for an award.
3. That the RECIPIENT shall insert the clauses of Appendix A
of this assurance in every contract subject to the ACT and the
REGULATIONS.
4. That the clauses of Appendix B of this assurance shall be
included as a covenant running with the land, in any deed from the
United States effecting a transfer of real property, structures, or
improvements thereon, or interest therein.
5. That where the RECIPIENT receives Federal financial assist-
ance to construct a facility, or part of a facility, the assurance
shall extend to the entire facility and facilities operated in connec-
tion therewith.
6. That where the RECIPIENT receives Federal financial assist-
ance in the form, or for the acquisition of real property or an interest
in real property, the assurance shall extend to rights to space on,
over, or under such property.
7. That the RECIPIENT shall include the appropriate clauses
set forth in Appendix C of this assurance, as a covenant running with
the land, in any future deeds, leases, permits, licenses, and similar
agreements entered into by the RECIPIENT with other parties:
(a) for the subsequent transfer of real property acquired
or improved under the Federal -aid Program; and
(b) for the construction or use of or access to space on,
over, or under real property acquired, or improved
under the Federal -aid Program.
8. That this assurance obligates the RECIPIENT for the period
during which Federal financial assistance is extended to the program,
except where the Federal financial assistance is to provide, or is in
the form of, personal property, or real property or interest therein
or structures or improvements thereon, in which case the assurance
obligates the RECIPIENT or any transferee for the longer of the fol-
lowing periods:
DH -OLA 255 (4 -77) -10-
IVAW
AGREEMENT
EXHIBIT "A"
(a) the period during which the property is used for a
purpose for which the Federal financial assistance
is extended, or for another purpose involving the
provision of similar services or benefits; or
(b) the period during which the RECIPIENT retains own-
ership or possession of the property.
9. The RECIPIENT shall provide for such methods of administra-
tion for the program as are found by the U. S. Secretary of Transpor-
tation, or the official to whom he delegates specific authority, to
give reasonable guarantee that it, other recipients, subgrantees, con-
tractors, subcontractors, transferees, successors in interest, and
other participants of Federal financial assistance under such program
will comply with all requirements imposed by, or pursuant to, the
ACT, the REGULATIONS and this assurance.
10. The RECIPIENT agrees that the United States and the State
of California have a right to seek judicial enforcement with regard
to any matter arising under the ACT, the REGULATIONS, and this
assurance.
THIS ASSURANCE is given in consideration of and for the purpose
of obtaining any and all Federal grants, loans, contracts, property,
discounts or other Federal financial assistance extended after the
date hereof to the RECIPIENT by the California Department of Transpor-
tation, acting for the U. S. Department of Transportation, and is
binding on it, other recipients, subgrantees, contractors, subcon-
tractors, transferees, successors in interest and other participants
in the Federal -aid Highway Program.
DH -OLA 255 (4 -77) -11-
C1
AGREEMENT
EXHIBIT "A"
APPENDIX A
During the performance of this contract, the contractor, for
itself, its assignees and successors in interest (hereinafter referred
to as the CONTRACTOR) agrees as follows:
(1) Con liance with Re ulations: The CONTRACTOR shall comply
with the regulations re ative to non iscrimination in Federally- assisted
programs of the Department of Transportation, Title 49, Code of Federal
Regulations, Part 21, as they may be amended from time to time, (here-
inafter referred to as the REGULATIONS), which are herein incorporated
by reference and made a part of this contract.
(2) Nondiscrimination: The CONTRACTOR, with regard to the
work performed by it during the contract, shall not discriminate on
the grounds of race, color, or national origin in the selection and
retention of subcontractors, including procurements of materials and
leases of equipment. The CONTRACTOR shall not participate either
directly or indirectly in the discrimination prohibited by Section 21.5
of the REGULATIONS, including employment practices when the contract
covers a program set forth in Appendix B of the REGULATIONS.
(3) Solicitations for Subcontracts Includin Procurements of
Materials an ui i� nt: Ina so icitations eit er y competitive
Fidding or negotiation made by the CONTRACTOR, for work to be performed
under a subcontract, including procurements of materials or leases of
equipment, each potential subcontractor or supplier shall be notified
by the CONTRACTOR of the contractor's obligations under this contract
and the REGULATIONS relative to nondiscrimination on the grounds of
race, color, or national origin.
(4) Information and Reports: The CONTRACTOR shall provide all
information and reports re quired by the REGULATIONS, or directives
issued pursuant thereto, and shall permit access to its books, records,
accounts, other sources of information, and its facilities as may be
determined by the State highway department or the Federal Highway
Administration to be pertinent to ascertain compliance with such
REGULATIONS or directives. Where any information required of a con-
tractor is in the exclusive possession of another who fails or refuses
to furnish this information, the CONTRACTOR shall so certify to the
State highway department, or the Federal Highway Administration as
appropriate, and shall set forth what efforts it has made to obtain
the information.
( ,5) Sanctions for FJoncom liance: Li the event of the CONTRACTORS's
noncompliance wttF ti—Te nondiscrn nnation provisions of this contract,
DH -OLA 255 (4 -77) -12-
,t
`✓°
AGREEMENT
EXHIBIT "A"
VAWW
the State highway department shall impose such contract sanctions as it
or the Federal Highway Administration may determine to be appropriate,
including, but not limited to:
(a) withholding of- payments to the CONTRACTOR under
the contract until the CONTRACTOR complies; and /or
(b) cancellation, termination or suspension of the
contract, in whole or in part.
(6) Incorporation of Provisions: The CONTRACTOR shall include
the provisions of paragraphs through (6) in every subcontract,
including procurements of materials and leases of equipment, unless
exempt by the REGULATIONS, or directives issued pursuant thereto.
The CONTRACTOR shall take such action with respect to any subcontract
or procurement as the State highway department or the Federal Highway
Administration may direct as a means of enforcing such provisions in-
cluding sanctions for noncompliance: Provided, however, that, in the
event a contractor becomes involved in, or is threatened with, litiga-
tion with a subcontractor or supplier as a result of such direction,
the CONTRACTOR may request the State highway department to enter into
such litigations to protect the interests of the State, and, in addition,
the CONTRACTOR may request the United States to enter into such litiga-
tion to protect the interests of the United States.
DH -OLA 255 (4 -77) -13-
a
AGREEMENT
EXHIBIT "A"
APPENDIX B
The following clauses shall be included in any and all deeds
effecting or recording the transfer of real prooerty, structures or
improvements thereon, or interest therein from the United States.
(GRANTING CLAUSE)
NOW, THEREFORE, the Department of Transportation, as authorized
by law, and upon the condition that the RECIPIENT will accept title to
the lands and maintain the project constructed thereon, in accordance
with Title 23, United States Code, the Regulations for the Adminis-
tration 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 comoliance 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
RECIPIENT all the right, title and interest of the Department of Trans-
portation in and to said lands described in Exhibit "A" attached here-
to and made a part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto the
RECIPIENT and its successors forever, subject, however, to the covenant,
conditions, restrictions and reservations herein contained as follows,
which will remain in effect for the period during which the real prop-
erty or structures are used for a purpose for which Federal financial
assistance is extended or for another purpose involving the provision
of similar services or benefits and shall be binding on the RECIPIENT,
its successors and assigns.
The RECIPIENT, in consideration of the conveyance of said lands
and interests in lands, does hereby covenant and agree as a covenant
running with the land for itself, its successors and assigns, that
(1) no person shall on the grounds of race, color, or
national origin, 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)*
DH -OLA 255 (4 -77) -14-
AGREMENT
EXHIBIT "A"
APPENDIX B
(2) that the RECIPIENT shall use the lands and interests
in lands so conveyed, in compliance with all require-
ments imposed by or pursuant to Title 49, Code of
Federal Regulations, Department of Transportation,
Subtitle A, Office of the Secretary, Part 21, Non -
discrimination-in Federally - assisted programs of
the Department of Transportation - Effectuation of
Title VI of the Civil Rights Act of 1964, and as
said.Regulations may be amended (,) and
(3) that in the event of breach of any of the above -
mentioned nondiscrimination conditions, the Department
of Transportation shall have a right to re -enter said
lands and facilities on said land, and the above de-
scribed land and facilities shall thereon revert to
and vest in and become the absolute property of the
Department of Transportation and its assigns as such
interest existed prior to this deed.*
*Reverter clause and related language to be used only when it is
determined that such a clause is necessary in order to effectuate
the purposes of Title VI of the Civil Rights Act of 1964.
DH -OLA 255 (4 -77) -15-
e
�+ AGREEMENT ..r'
EXHIBIT "A"
APPENDIX C
The following clauses shall be included in any and all deeds,
licenses, leases, permits, or similar instruments entered into by
the RECIPIENT, pursuant to the provisions of Assurance 7(a).
The (grantee, licensee, lessee, permittee, etc., as appropriate)
for himself, his heirs, personal representatives, successors in interest,
and assigns, as a part of the consideration hereof, does hereby covenant
and agree (in the case of deeds and leases add "as covenant running with
the land ") that in the event facilities are constructed, maintained, or
others -rise operated on the said property described in this (deed, license,
lease, permit, etc.) for a purpose for which a Department of Transpor-
tation program or activity is extended or for another purpose involving
the provision of similar services or benefits, the (grantee, licensee,
lessee, permittee, etc.), shall maintain and operate such facilities
and services in compliance with all other requirements imposed pursuant
to Title 49, Code of Federal Regulations, Department of Transportation,
Subtitle A, Office of Secretary, Part 21, Nondiscrimination in Federally -
assisted programs of the Department of Transportation - Effectuation of
Title VI of the Civil Rights Act of 1964, and as said Regulations may be
amended.
(Include in licenses, leases, permits, etc.)*
That in the event of breach of any of the above nondiscrimination
covenants, the RECIPIENT shall have the right to terminate the (license,
lease, permit, etc.) and to re -enter and repossess said land and the
facilities thereon, and hold the same as if said (license, lease, permit,
etc.) had never been made or issued.
(Include in deeds)*
That in the event of breach of any of the above nondiscrimination
covenants, the RECIPIENT shall have the right to re -enter said land
and facilities thereon, and the above described lands and facilities
shall thereupon revert to and vest in and become the absolute property
of the RECIPIENT and its assigns.
The following shall be included in all deeds, licenses, leases,
permits, or similar agreements entered into by the RECIPIENT, pursuant
to the provisions of Assurance 7 (b).
Reverter clause and related language to be used only when it is
determined that such a clause is necessary in order to effectuate
the purposes of Title VI of the Civil Rights Act of 1964.
DH -OLA 255 (4 -77)
-16-
AGREEMENT
EXHIBIT "A"
APPENDIX C
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, or national
origin shall be excluded from participation in, denied the benefits
of, or otherwise subjected to discrimination in the use of said
facilities,
(2) that in the construction of any improvements on, over, or
under such land and the furnishing of services thereon, no person
on the ground of race, color, sex, or national origin shall be ex-
cluded from participation in, denied the benefits of, or otherwise be
subjected to discrimination,
(3) that the (grantee, licensee, lessee, permittee, etc.,) shall
use the premises in compliance with the Regulations.
(Include in licenses, leases, permits, etc.)*
That in the event of breach of any of the above nondiscrimination
covenants, the RECIPIENT shall have the right to terminate the (license,
lease, permit, etc.) and to re -enter and repossess said land and the
facilities thereon, and hold the same as if said (license, lease, permit,
etc.) had never been made or issued.
(Include in deeds)*
That in the event of breach of any of the above nondiscrimination
covenants, the RECIPIENT shall have the right to re -enter said land
and facilities thereon, and the above described lands and facilities
shall thereupon revert to and vest in and become the absolute property
of the RECIPIENT, and its assigns.
* Reverter clause and related language to be used only when it is
determined that such a clause is necessary in order to effectuate
the purposes of Title VI of the Civil Rights Act of 1964.
DH -OLA 255 (4 -77) -17-
RESOLUTION NO. 314
+✓
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POWAY, CALIFORNIA APPROVING LOCAL AGENCY -
STATE- AGREEMENT NO. 11 -5428
WHEREAS, federal regulations require a local agency -state
agreement be executed between the City of Poway and the State of
California prior to the receipt of federal funds for federal aid
projects; and
WHEREAS, the City Council desires to receive federal funds
for the improvement or restoration of roads, streets, highways,
fringe parking, and public transportation facilities within the
City of Poway; and
WHEREAS, before federal aid will be made available to the
City of Poway, the attached Local Agency -State Agreement No. 11 -5428
(Exhibit A) must be approved by the City Council.
NOW, THEREFORE, BE IT RESOLVED that the Local Agency -State
Agreement No. 11 -5428 is hereby approved and the Mayor of the
City of Poway is hereby authorized to execute said Agreement on
behalf of the City of Poway.
PASSED and ADOPTED by the City Council of the City of Poway,
California at a regular meeting thereof this 9th day of November, 1982.
ATTEST:
Ma Shepa dson, Mayor
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Marjorie. K. Wahlsten, City Clerk
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City of
Local Agcy Poway
7e teTib
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Date —_�_— er .27 1982
Supplement No. 1
To Local Agency —State
Agreement No. —11 - 5 12-8 —
PROGRAM
OF
LOCAL AGENCY FEDERAL -AID SAFETY INIPRONTMENT PROJECTS
IN THE
City of Poway
Local Ageacy
Pursuant to the Federal Highway Safety Act, the attached "Program" of Federal -Aid Projects
marked "Exhibit B" is hereby incorporated in that ;toaster Agreement for the Federal Aid
Program trhich tvas entered into between the above named LOCAL AGENCY and the STATE
oil January 13, 1983 and is subject to all of the terms and conditions
thereof.
The subject program is adopted in accordance with Paragraph 2 of Article II of the afore-
mentioned agreement under authority of Cih%�XK' File No. 3141
approted by the Cite oil NayembEr-9- 19$2
(See copy attached).
Approved for State
Deputy DfaMcfrcLrruyyafion
District __II
Dcpartmcnt of Truupor ration
DLA 431 12 /871
City of P
Local Agewy
By
lit
Attest:
Darc
I hereby Certify upon my own personal knowledge that budgeted funds are available
for this encumbrance.
Accountln g officer
Chapter
Stazt
Ftse Year
Program
NSU
Category
Fund Source
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RESOLUTION NO. 314
.,.�
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POWAY, CALIFORNIA APPROVING LOCAL AGENCY -
STATE- AGREEMENT NO. 11 -5428
WHEREAS, federal reculations require a local agency -state
agreement be executed between the City of Poway and the State of
California prior to the receipt of federal funds for federal aid
projects; and
WHEREAS, the City Council desires to receive federal funds
for the improvement or restoration of roads, streets, highways,
fringe parking, and public transportation facilities within the
City of Powav; and
WHEREAS, before federal aid will be made available to the
City of Poway, the attached Local Agency -State Agreement No. 11 -5428
(Exhibit A) must be approved by the City Council.
NOW, THEREFORE, BE IT RESOLVED that the Local Agency -State
Agreement No. 11 -5428 is hereby approved and the Mayor of the
City of Poway is hereby authorized to execute said Agreement on
behalf of the City of Poway.
PASSED and ADOPTED by the City Council of the City of Poway,
California at a regular meeting thereof this 9th day of November, 1982.
ATTEST:
Marjorie K. Wahlsten, City Clerk
Ma Shepa dson, Mayor
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RESOLUTION NO. 315
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POWAY, CALIFORNIA APPROVING PROGRAM
SUPPLEMENT NO. 1 TO LOCAL AGENCY -
STATE.AGREEMENT NO. 11 -5428
WHEREAS, the City Council of the City of Poway desires to
receive federal funds for the modification of five traffic signals
on Poway Road; and
WHEREAS, CalTrans has approved the modification of the five
traffic signals on Poway Road for funding under the auspices of the
federal aid Hazard Elimination Safety Program; and
WHEREAS, the City Council of the City of Poway has approved
Local Agency -State Agreement No. 11 -5428 for receipt of federal
funds for federal aid projects; and
WHEREAS, Program Supplement No. 1 outlines the specific
provisions of the approved federal aid project.
NOW, THEREFORE, BE IT RESOLVED that the Program Supplement No. 1
to the Local Agency -State Agreement No. 11 -5428 is hereby approved and
the Mayor of the City of Poway is hereby authorized to execute said
Agreement.on behalf of the City of Poway.
• PASSED and ADOPTED by the City Council of the City of Poway,
California at a regular meeting thereof this 9th day of November, 1982.
ATTEST:
Mar Shepar son, Mayor
Marjorie! K. Wahlsten, City Clerk