R 3224
.. 4-
RESOLUTION NO, 3224
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE DECLARING THE MAYOR AS
AS THE OFFICIAL AUTHORIZED TO EXECUTE
ADMINISTERING AGENCY-STATE MASTER AGREEMENT
NO. 05-5199 FOR FEDERAL AID PROJECTS
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 (STP), 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, the
City of Arroyo Grande and the State of California are required to enter into an agreement
relative to prosecution of said project and maintenance of the completed facility; and,
WHEREAS, the State of California requires the City of Arroyo Grande adopt a Resolution
identifying the official authorized to execute the Administering Agency-State Master
Agreement;
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY OF ARROYO GRANDE
HEREBY RESOLVES that the City of Arroyo Grande designates the Mayor as the official
authorized to execute the Administering Agency-State Master Agreement for Federal-Aid
Projects.
On motion of Council Member Lady , seconded by Council Member Fuller
and on the following roll call vote, to wit:
AYES: Council Members Lady, Fuller, Tolley, Runels, and Mayor Dougall
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 13th day of May 1997.
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ATTEST: '11~a. ~
NANCY AVIS, CITY CLERK
APPROVED AS TO FORM:
~{y -e
TI CARM L, ci TIORNEY
r.;;:;D AS TO CONTENT:
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ROBERT L. HUNT, CITY MANAGER
I, NANCY A DAVIS, City Clerk of the City of Arroyo Grande, County of San Luis Obispo,
State of California, do hereby certify that the following Resolution NO.3224 is a true, full
and correct copy of said Resolution passed and adopted at a regular meeting of said
Council of the 13th day of May 1997.
WITNESS my hand and the seal of the City of Arroyo Grande affixed this 20th day of
May 1997.
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.;[l tI~a. ~
N NCY A. VIS, CITY CLERK
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MASTER AGREEMENT
ADMINISTERING AGENCY-STATE AGREEMENT
FOR
FEDERAL-AID PROJECTS
OS Citv of Arroyo Grande
District Admini~tering Agency
Agreement No. OS-5199
This AGREEMENT, made effective this day of , 1997, is by and between
the City of Arroyo Grande, 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 "PROJEcr," as used herein, means that authorized project financed in hart with
Federal funds as further described in an "Authorization to Proceed" document executed by ST ~ , 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 auacbed to the
PROORAM SUPPLEMENT identifying and defining the nature of the specific PROJECT.
5. The PROORAM SUPPLEMENT shall designate the patty responsible for impJanenting
the various phases of the PROJECT, the Federal funds requested. and the matching funds to be provided
by ADMINISTERING AGENCY andlor 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. UD1ess otherwise
expressly deJegated'in a resolution by the ADMINISTERING AGENCY's go~~ body. the
PROGRAM SUPPLEMENT shall be approved and managed by the ADMINIS G AGENCY's
governing body.
6. ADMINISTERING AGENCY shall coDform to all Stare statutes. regulations and
procedures (including those set forth in LPP 95-07, "Reengineering." and subsequen~ved revisions
. and Local Programs Manual updates. hereafter referred to as REENGINEERED PR! ORES) relaDng
to the Federal-aid Program. all TItle 23 Federal requirements. and all applicable Federal Jaws. replAri()ll5.
an<i policy and procedural or instructional memoran~ un1ess otherwise desigT';Jted in the approved
PROORAM 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 apeement between
STATE and ADMINISTERING AGENCY to determine how the PROJECT is to be CODSUUCted.
8. If PROJECT is not on STATE-owned right of way, PROJECT sbaJl be CODSIrUC1I:d in
accordance with REENGINEERED PROCEDURES. The REENGINEERED PROCEDURES describe
minimum stateWide design standards for local agency streets and roads. The REEN~m
PROCEDURES for projects off the National Highway System (NHS) allow the STATE 10 KCept either
the minimum statewide design standards or ADMINISIERING AGENCY-approved a,eomeuic design
standards. Also. for projects off the NHS, STATE will accept ADMINISTERING AGENCY-approved
standard specifications. standard plans, and materia1s sampling and testing quality assuraDCe 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 sba1l 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 Califomia, aad the
Governor of the State of California. each within their respective juri$diction. have pft".SCIihed certain
employment practices with respect to work financed with Federal or State funds. ADMINISTERING
AGENCY agrees to comply with the requirements of the PAIR EMPLOYMENT PRACTICES
ADDENDUM (Exhibit A attached hereto) whenever State funds finance part of the PROJECI', UJd the
NONDISCRIMINATION ASSURANCES (Exhibit B attached hereto). ADMINISTERING AGENCY
further agrees that any agreement entered into by ADMINISTERING AGENCY with a tbird party for
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perfonnance of work connected with the PROJEer shall incorporate Exhibits A (wbeDever.State funds
finance part of the PROJECT) and Exhibit B (with third party's name replacing ADMINISTERING
AGENCY) as parts of such agreement.
ARTICLE n. RIGHTS OF WAY
l. 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 harmJess from any
liability which may result in the event the right of way for a PROJECT is not clear as cenified. The
furnishing of right of way as provided for herein includes. in addition to an real property teqUired for the
PROJECT. title free and clear of obstructions and encumbrances affecting PROJECT and the payment, as
teqUired by applicable law. of damages to real property not actually taken but injuriously aifected by
PROJECT. ADMINISTERING AGENCY shall pay, from its own non-matching funds. any costs which
arise out of delays to the construction of the PROJEer because utility facilities have DOt been removed or
relocated, or because rights of way have not been made available to ADMINISTERING AGENCY for the
orderly prosecution of PROJEer work.
3. Subject to STATE approval and such supervision as is required in REENGINEERED
PROCEDURES over ADMINISTERING AGENCY's right of way acquisition proa:dun:s..
ADMINISTERING AGENCY may claim reimbursement from Federal funds for ~~ to purchase
only necessary rights of way included in PROJEer after crediting PROJEer 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 COIDp1~ with the
Federal Unifonn 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, ootiness. farm
operation. or non-profit orvni7.ation, relocation payments and services will be provided as set forth in
Chapter 5 of Title 23, U.S. Code. The public will be adequately infonned 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 hislher dwelling or to move hislher b-Js1ness or farm operation
without at least 9O-days written notice from ADMINISTERJNG AGENCY. ADMINISTERING-
AGENCY will provide STATE with specific assurances, on each portion of the PRO mer, that DO 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 dispJac:ed persons
for the PROJECT as provided in Federal Highway Programs Manual (FHPM 7-S).
6. In an real property transactions acquired for the PROJECT, fO=i=ron of the
deed or such other recorded instrument evidencing title in the name of the AD AGENCY
or their assignee, there sha1l also be recorded a separate document which is an "Agreemeat Declaing
Restrictive Covenants." Said Agreement Declaring Restrictive Covenants will ~ the usurances
included within Exhibits A and B and Appendices A. B, C and D, as appropriate, w execu1ed by
ADMINISTERING AGENCY.
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ARTICLE m . MANAGEMENT AND MAINTENANCE OF PROPERTY
1. ADMINISTERING AGENCY will maintain and operate the PROJECT property ~
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 acceptanee of the completed Federal-aid CODStnldion
conttaCt or upon contraCtor being relieved of the responsibility for m,;nt21t'11ng and protedinl a portion of
the wott. the agency having jurisdiction over the PROJECT shall maintain the completed wodt in a
manner satisfactory to the authorized representatives of STATE and the United States. It widUn 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 DOt
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 coDdition of
maintenance satisfactory to STATE and the Federal Highway Admini~tration.. The provisions of this
section shall not apply to a PROJECT which has been vacated through due process of Jaw.
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 aDd weU-tDined
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 main~nce wi11 be perfODDed at
regular interVals or as required for efficient operation of the complete PROJECT ~
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 subm1~1 of the
"Request for Authorization."
2. State and Federal funds will not participate in PROJECT work performed in advaJJCe of
approval of the "Authorization to Proceed." The parties shall execute a PROGRAM SUPPLEMENT
between STATE and ADMINISTERING AGENCY subsequently incorporadng 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 PROORAM
SUPPLEMENT has"been executed by STATE and the PR-2 has been executed by FHW A. 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 letterbead and sbaJl iDc1ude
this AGREEMENT number. Federal-aid project number. and Progress billing number for the PROJECT.
and shall be in accordance with REENGINEERED PROCEDURES.
S. The estimated total cost of PROJECT. the amounts of Federal-aid propmlllN\. aDd the
matching amounts agreed upon may be adjusted by mutual consent of the parties bea=to in a FiDaDce
LetterJDetail 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 FHW A 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
modiflCation (PR-2A). and agrees that any increases in PROJEcr costs must be defrayed with
ADMINISTERING AGENCY funds.
7. ADMINISTERING AGENCY shall use its own nonfederal-aid funds to fina~ the local
share of eligible costs and all expenditures ruled ineligible for financing with Federal funds. STATE sball
make the determination of ADMINISTERING AGENCY cost eligibility for Federal fund fiD:mcing.
8. Any overpayment to ADMINISTERING AGENCY of amounts invoiced sbaJ1 be ~
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 compJete
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 Controner. 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 consti1uted as ajoint
powers authority. special district, or any other public entity not directly receiving funds tbrougb. the State
Controller. STATE is authorized to obtain reimbursement from whatever sources of fuDfling lie available.
including the withholding or transfer of funds. pursuant to Article IV - 9. from those coasOf.~t eDtities
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 detennining 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 party under contract with ADMINISTERING
AGENCY shall retain an original records to the project financed with Federal funds and shaD make records
available upon request by Federal and State representatives. Following final 5ettIemeDt of the project costs
with FHW A the records/documents may be microfilmed by the ADMINIS1'ERING AGENCY. but in any
event shall be retained for a period of three years from STATE payment of the fmal voucher. or a fom-year
period from the date of the final payment under the contract, whichever is longer. ADMnaSTERING
AGENCY shall retain records/documents longer if required in writing by STATE.
2. Per the Single Audit Act of 1984. any ADMINISTERING AGENCY that n:ceives
$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-AI28. "Audits of State and Local
Governments").
ARTICLE VI - FEDERAL LOBBYING ACTIVITIES CERTIFlCA nON
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 mtlueuce an
officer or employee of any STATE or Federal agency. a Member of the State LegislatuIe or United States
Congress. an officer or employee of the Legislature or Con~ or any employee of a Member of the
Legislature or Congress in connection with the awarding of any STATE or Federal contract iDcluding this
Agreemen~ the making of any STATE or Federa1lo~ the entering into of any coopaati~ contract. and
the extension, continuation, renewal, amendmen~ or modification of any STATE or Federal contract.
gran~ lo~ 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 C~ in
connection with this Agreemen~ gran~ local, or cooperative contract, ADMINISTEIUNG A; 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 re1~ was pJaced
when this Agreement was made or entered into. Submission of this certification is a prerequjsite for
making or entering into this Agreement imposed by Section 1352, Title 31, U.S. Code. Any party who
fails to tile the required certification shall be subject to a civil penalty of not 1ess than 510,000 and not
more than 5100,000 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 5100,000 and that all such
sub-recipients shall certify and disclose accordingly.
ARTICLE VII . MISCELLANEOUS PROVISIONS
I. 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 tha~ pursuant to Govemment Code
Section 895.4, ADMINISTERING AGENCY shall fully defend, indemnify and save hannJess 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 cOnnecUon with, any
work, authority or jurisdiction delegated to ADMINISTERING AGENCY under this A~ 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 tbeIeof, shall be
responsible for any daniage or liability occurring by reason of anything done, or omitted to be doDe, by
STATE under, or in connection, with any work, authority, or jurisdiction. delegated to STA'IE under this
AGREEMENT. It is also understood and agreed tha~ pursuant to Government Code Section 895.4,
STATE shaJ1 fully indemnify and hold ADMINISTERING AGENCY bann1ess from any UabUity imposed
for injury (as defined by Government Code Section 810.8) occurring by reason of anytbin, ctcae. or
omitted to be done, by STATE under, or in connection with, any work, authority, or jurisdiction delegated
to STATE under this Agreemenl ADMINISTERING AGENCY reserves the right to R:ptaent it.se1f 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 Agreemen~ sha1l 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 ADMINISIERING AGENCY should
ADMINISTERING AGENCY fail to perfonn 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 wort 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 first be deducted from any sum due ADMINISTERING AGENCY UDder this.
AGREEMENT, and the baJance. 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 iDcorporated beIein
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 commi~ion. 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 bn~ness. 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 commi~i.on. 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 tile immedi_te
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 shan disclose any financial, business. or other relationship
with STATE or the FHW A 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 perfonnance 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 disctetion, to
terminate this AGREEMENT without liability, to pay only for the work actually performed, or to deduct
from the PROORAM 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, tenus, or funding of this
AGREEMENT in any manner.
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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 PROJECf funded under this Federal-aid program. No STATE or FHW A 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 ARROYO GRANDE
IE>ARTh'ENTCF1RANSPCRI'A1I<:N
By By
Chief, Office of Local Programs ADMINISTERING AGENCY
Project Implementation Representative Name & Title
(Authorized Governing Body Representative)
Date Date
8 11/29195
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EXHmIT A
FAIR EMPLOYMENT PRACTICES ADDENDUM
1. In the perfonnance of this Agreement, ADMINISTERING AGENCY will not discriminate
against any employee for employment because of race. color. sex. religion. ancesuy or natioaal origin.
ADMINISTERING AGENCY will take affirmative action to ensure that employees lIe 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. tbe fonowing: employmmt,
upgrading. demotion or transfer; recruitment or rectuitment advertising; layoff or terminSlltinn; rates of pay
or other forms of compensation; and selection for training. including apprenrll".P.$hip. ADMINIS1'ERJNG
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 tbe records of employment.
employment advertisements. application fonns. and other pertinent data and records by STATE. the State
Fair Employment and Housing Commission. or any other agency of the State of California desiB"SIItM 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 tbe Fair Employment provision to have
occurred upon receipt of a final judgment to that effect from a court in an action to
which ADMINISTERJNG AGENCY was a party. or upon ra:eipt of a wriuen
notice from the Fair Employment and Housing Commi~~on that it has iDvesd.gaJed
and detennined that ADMINIS1'ERJNG 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 shaJl have the
right to tenninate this Agreement either in whole or in part, and any loss or damage
sustained by STATE in securing the goods or services thereunder shaJl be bome
and paid for by ADMINISTERING AGENCY and by the surety under tbe
perfonnance bond, if any, and STATE may deduct from any moneys due or
thereafter may become due to ADMINISTERING AGENCY. tbe diffezmce
between the price named in the Agreement and the actual cost thereof to STATE to
cure ADMINISTERING AGENCY's breach of this Agreem~t.
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EXHmIT B
NONDISCRIMINATION ASSURANCES
ADMINISTERING AGENCY HEREBY AGREES THAT. as a condition to ft!CeiviDg any Federal
fiDancial assistance from the ST A ~ acting for the U.S. Department of Transportatiaa. 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
(hexeinafter referred to as the ACT). and all requirements imposed by or pursuant to T1tJe 49. Code of
Federal Regulatious. Department of Transportation.. Subtitle A. Office of the Secretary. Part 21.
"Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - E.ffectuaDoo of
Title VI of the Civil Rights Act of 1964" (hereinafter referred to as the REGULATIONS), the Feda:al-aid
Highway Act of 1973. and other pertinent directives. to the end that in accordance with the Acr.
REGULATIONS. and other pertinent directives, no person in the United Stares shall. on the grounds of
race. color. sex. national origin. religion, age or disability, be excluded from participalioo 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 ~ of
Transportation. ADMINISTERING AGENCY HEREBY GIVES ASSURANCE ~
ADMINISTERING AGENCY 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, ADMINISTERING
AGENCY hereby gives the following specific assurances with respect to its Federal-aid Program:
1. That ADMINISTERING AGENCY agrees that each "program" and ead1 "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 EeqUirements
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 affirmalively
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 3$ 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.
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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 shan 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.
pennits.1icenses. and ~mi1ar 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 u_c1uance is to
provide. or is in the fonn of, personal property or real property of interest therein. or structun:s. or
improvements thereon. in which case the assurance obligates ADMINISTERING AGENCY or any
ttaDSferee for the longer of the following periods:
(a) the period during which the property is used for a purpose for which tile Federal
financial assistance is extended. or for another purpose involving the provision of
simil~r 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 be delegates
specific authority, to give reasonable guarantee that ADMINISTERING AGENCY, other recipients. sub-
grantees, applicants, sub-applicants, transferees. successors in interes~ and other participants of Federal
financial assistance under such program will comply with an requirements imposed by. or pursuant to, the
ACf, 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 seekjudicial enforcement with regard to any matter arising under the ACf. the
REGULATIONS. and this Assurance.
TInS 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 assitt.~ extended after
the date hereof to ADMINIS1'ERING AGENCY by STATE. acting for the U.S. Department of
Transportation. and is binding on ADMINISTERING AGENCY. other recipients. subpan~
applicants. sub-applicants. transferees. successors in interest and other participants in the Federal-aid
Highway Program.
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APPENDIX A TO EmmIT B
During the perfonnance of this Agreement, ADMINISTERING AGENCY, for itself. its assigaees
and successors in interest (hereinafter collectively referred to as ADMINISTERING AGENCY) agrees as
follows:
(1) C01'Qpliance with Re~ations: ADMINISTERING AGENCY shall comply with tbe
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 referem:e and
made a part of this agreement.
(2) _ Nondi~mination: ADMINISTERING AGENCY. with regard to the wode performed by
it during the AGREEMENT. shall not discriminate on the grounds of race. color. sex. nalional origin.
religion. age. or disability in the selection and retention of sub-app1icants, including procmements of
materials and leases of equipment. ADMINISTERING AGENCY shall not participate either dUectly 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-apeements. Includine Procurements of Materials and F.qpipment: 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 lases 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) Infonnation and Reports: ADMINISTERING AGENCY shall provide all information and
reports required by the REGULATIONS, or directives issued pursuant thereto, and shaJl permit access to
ADMINISTERING AGENCY's books, records, accounts, other sources of information. and its facilities
as may be determined by STATE or FHW A to be pertinent to ascertain compliance with such
REGULATIONS or directives. Where any infonnation required of ADMINISTERING AGENCY is in
the exclusive possession of another who fails or refuses to furnish this information, ADMJNISTERING
AGENCY shall so certify to STATE or the FHW A as appropriate. and shall set forth what efforts
ADMINISTERING AGENCY has made to obtain the infonnation.
(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 FHW A may detennine to be appropriate. including, but not limited to:
(a) withholding of payments to ADMINISTERING AGEN<;Y under the Agreement until
ADMINISTERING AGENCY complies; andlor
(b) cancellation. tennination or suspension of the Agreement, in whole or in part.
(6) Incol1)Oration of Provisions: ADMINISTERING AGENCY shall iDclude the provisions of
paragraphs (1) through (6) in every sub-agreement, including procurements of maraiaJa and leases of
equipment, un1ess exempt by the REGULATIONS, or ~tives issued pursuant tbaeto.
ADMINISTERING AGENCY shall take such action with respect to any sub-agreement or procwement as
STATE or FHW A may direct as a means of enforcing such provisions including saactioas 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 dilectiOD,
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.
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APPENDIX B TO EXHIBIT B
The following clauses shall be included in any and all deeds effecting or recording the ttaDSfer of
PROJECf real property, structures or improvements thereon. or interest therein from the United States.
(GRANTING CLAUSE)
NOW, THEREFORE. the U.S. Department ofTransportati~ as authorized by law, and upon the
condition that ADMINISTERING AGENCY will accept title to the lands and maint21n the project
constructed thereon. in accordance with Title 23, United States C~ the RegulatioDS for the
Admini~tratiOD of Federal-aid for Highways and the policies and procedures prescribed by the Federal
Highway Administration of the Department of Transportation and, also in accordance with and in
compliance with the Regulations pertaining to and effectuating the provisions of Title VI of the Civil
Rights Act of 1964 (78 Stat. 252; 42 U.S.C. 2000d to 2000d-4), does hereby remise, release, quitclaim
and convey unto the 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 pan hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto ADMINISTERING AGENCY
and its successors forever, subjec~ however, to the covenan~ conditio~ restrictions and reservations
herein contained as follows, which will remain in effect for the period during which the real propetty or
structures are used for a purpose for which Federal fmancial assistance is extended or for anotber 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 itseJf, 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 ~ Office of the Secretary, Part 21,
Non-discrimination in Federally-assisted programs of the Department of Transporwion -
Effectuation of Title VI of the Civil Rights Act of 1964, and as said RegulatiQD$ 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.'"
. Revener clause and related language to be used only when it is detennined that such a clause is
necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.
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APPENDIX C TO EXHIBIT B
The following clauses shall be included in any and all deeds. li~ leases. permits. or ami1~
instrUments entered into by ADMINISTERING AGENCY. pursuant to the provisioDS 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 (in the case of deeds and leases add "as covenant running with the land") mat 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 ofTransporwion ~
or activity is extended or for another purpose involving the provision of ami1ar services or belle the
(grantee.1icensee.1essee. permittee. etc.). shall maintain and operate such facilities and services in
compliance with all other requirements imposed pursuant to TItle 49. Code ofFedera1 ReguJaDoDS,
U.S. Department of Transportation. Subtitle A. Office of Secretary. Part 21. NonctiscrimiDalion in
FederaJly-~s.~~ed 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, ADMINIS1'ERING
AGENCY shall have the right to tenninate the (license. lease, pennit etc.) and to re-enter and repossess
said land and the facilities thereon, and hold the same as if said (license. lease. permit, etc.) bad DeVer been
made or issued.
(Include in deeds).
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERJNG
AGENCY shall have the right to re-enter said land and facilities thereon, and the above-desa:ibed 1aDds
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.
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APPENDIX, D TO EXHIBIT B
The following shall be included in all deeds. ~ l~ permits, or sWi1Ar agreements
entered into by the ADMINISTERING AGENCY, pursuant to the provisions of Assuranc:e 7 (b) of
Exhibit B.
The grantee (licensee, lessee, pennittee, etc., as appropriate) for himself, his personal
representatives, successors in interest and assigns, as a part of the consideration hereof, does beteby
covenant and agree (in the case of deeds. and leases add "as a covenant running with the landW) 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 discrimiDatiOD 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 thereo~ 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 subjec1ed to
discrimination; and I
(3) that the (grantee,1icensee.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 aDd ~
said land and the facilities thereo~ and hold the same as if said (license. lease, permit. etc.) bad DeVer been
made or issued.
(Include in deeds).
That in the event of breach of any of the above nondisc~m1nation 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.
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