HomeMy WebLinkAbout2022 CON State of California Dept. of Transportation - Safety Enhancement Pedestrian Project (2)PROGRAM SUPPLEMENT NO. 000000Z44
to
ADMINISTERING AGENCY -STATE AGREEMENT
FOR STATE FUNDED PROJECTS NO 11-5066S21
Adv. Project ID
1122000139
Date:
Location:
Project Number:
E.A. Number:
Locode:
January 26, 2022
11-SD-0-NATC
H S IPSL-5066(050 )
5066
This Program Supplement, effective 1/24/22, hereby adopts and incorporates into the Administering Agency -State
Agreement No. 11-5066S21 for State Funded Projects which was entered into between the ADMINISTERING
AGENCY and the STATE with an effective date of 9/12/22 and is subject to all the terms and conditions thereof. This
PROGRAM SUPPLEMENT is executed in accordance with Article I of the aforementioned Master Agreement under
authority of Resolution No. 2022-124 approved by the ADMINISTERING AGENCY on 8/2/2022(See copy attached).
The ADMINISTERING AGENCY further stipulates that as a condition to the payment by the State of any funds derived
from sources noted below encumbered to this project, Administering Agency accepts and will comply with the Special
Covenants and remarks set forth on the following pages.
PROJECT LOCATION: Signalized intersections at Harbison Ave/E Plaza Blvd, Harbison Ave/E 8th St, E Plaza
Blvd/Highland Ave, Highland Ave/E 8th St, Highland Ave/E 21st St, Highland Ave/E 18th St, ...
TYPE OF WORK: Install ped countdown signal heads, advance stop bar before
crosswalk, modify signal phasing to LPI
LENGTH: 0.0(MILES)
Estimated Cost
I
State Funds
I
Matching Funds
$60,000.00
STATE
$60,000.00
LOCAL
$0.00
OTHER
$0.00
CITY OF NATION
By
Title
Date
Attest
Alejandra Sotelo-Solis
A OR
for
STATE OF CALIFORNIA
Department of Transportation
By Z7aate:21, u.t
Chief, Office of Project Implementation
Division of Local Assistance
Date 9/12/2022
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer
Date
Program Supplement 11--506-Z44- SERIAL
1/3 1 /2. oZZ
Page 1 of 3
$60,000.00
11- D.O-NATO
H I L- ( )
SPECIAL COVENANTS OR REMARKS
1. A. This PROJECT has received STATE funds from Highway Safety Improvement Program
(HSIP). The ADMINISTERING ING AGENCY agrees to administer the PROJECT in accordance
with the Highway Safety Improvement Program HSIP Guidelines, the Local Assistance
Procedures Manual (LAPM), the Local Assistance Program Guidelines (LAPG), and this
PROGRAM SUPPLEMENT.
B. The STATE funds for this PROJECT may be provided under one or more phases, which
are Preliminary Engineering (PE), Right -of -Way (R/W) and Construction (Con).
A phase -specific fund allocation is required, in addition to other requirements, before
reimbursable work can occur for the phase identified. Each allocation will be assigned an
effective date and identify the amount of funds allocated per phase. Unless otherwise
determined, the effective date of the phase -specific allocation will constitute the start of
reimbursable expenditures for the phase. The STATE funds available for reimbursement will
be limited to the amount allocated by the STATE for the phase.
C. At the time of the first fund allocation approval for the Project, this PROGRAM
SUPPLEMENT, a STATE -approved Allocation Letter and STATE Finance Letter are prepared
to allow reimbursement of eligible PROJECT expenditures for the phase allocated.
D. STATE and ADMINISTERING AGENCY agree that any additional fund allocations made
after the execution of this PROGRAM SUPPLEMENT, for the phase that has been authorized
in the first fund allocation approval or for a new phase, will be encumbered on this PROJECT
by use of a STATE -approved Allocation Letter and a STATE Finance Letter and are subject to
the terms and conditions thereof.
E. This PROJECT is subject to the delivery requirements enacted by the HSIP guidelines. The
delivery requirements may be accessed at: http:dt.a.gv/programs/local-assistancefed-
and-state-pr rams/highway-safety-impr vement-pr gra mdelivery-requirement -status-
approved -projects.
F. Award information shall be submitted by the ADMINISTERING ING AGENCY to the District
Local Assistance Engineer immediately after project contract award and prior to the submittal
of the ADMINISTERING AGENCY'S `S first invoice for the construction contract. Failure to do e
will cause a delay in the State processing of invoices for the construction phase.
G. The ADMINISTERING AGENCY shall invoice STATE for PE, R V and CON costs no later
than 180 days after the end of expenditure the phase. For construction costs, the
ADMINISTERING AGENCY has 180 days after project completion or contract acceptance to
make the final payment to the contractor, prepare the final Report of Expenditures and final
invoice, and submit to STATE for verification and
Program Supplement 11—-Z44- SERIAL
Page 111 of 317
1 ■ ~ D O NATO I- SIPSL-5O { O}
SPECIAL COVENANTS OR EMARKS
payment.
H. ADMINISTERING AGENCY agrees to submit the final report documents that collectively
constitute a "Report of Expenditures" within one hundred eighty 1 days of PROJECT
completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures"
within 180 days of PROJECT completion will result in STATE imposing sanctions upon
ADMINISTERING AGENCY in accordance with the current LAPM I provisions.
I, ADMINISTERING ING GEf C agrees to comply with the requirements in 2 CFR Part 200,
Uniform Administrative Requirements, Cost Principles, and Audit Requirements uirer ents for Federal
Awards (applicable to Federal and State Funded Projects).
J. By executing this PROGRAM SUPPLEMENT, ADMINISTERING AGENCY agrees to
provide the STATE, upon request, with the information related to the PROJECT for the
purpose of project evaluation or other purposes.
K. The ADMINISTERING AGENCY shall construct the PROJECT in accordance with the
scope of work presented in the application and approved by the State. Any changes to the
approved PROJECT scope without the prior expressed approval of the State are ineligible for
reimbursement and may result in the entire PROJECT becoming ineligible for reimbursement.
ent.
Program Supplement 1— 0 - 44- SERIAL
Page 112 of 317
RESOLUTION NO. 2022 124
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA AUTHORIZING THE MAYOR TO 1) EXECUTE THE STATE -AID
MASTER AGREEMENT; AND 2) EXECUTE PROGRAM SUPPLEMENT AGREEMENT
(PSA) NO. Z44 WITH THE STATE OF CALIFORNIA DEPARTMENT OF
TRANSPORTATION (CALTRANS) FOR THE PEDESTRIAN SAFETY
ENHANCEMENTS PROJECT TO ALLOW FOR REIMBURSEMENT OF UP TO $60,000
IN ELIGIBLE PROJECT EXPENDITURES THROUGH THE HIGHWAY SAFETY
IMPROVEMENT PROGRAM (HSIP); AND 3) AUTHORIZING THE ESTABLISHMENT
OF AN ENGINEERING GRANTS FUND APPROPRIATION OF $60,000 AND
CORRESPONDING REVENUE BUDGET
WHEREAS, on March 30, 2021, the California Department of Transportation
("Caltrans")awarded a $427,500Highway Safety Impr m nt Program `HSIP" grant t the
City f National City "City"for the Pedestrian Safety Enhancements Project "Project').
There is no local match requirement; and
WHEREAS, the $427,500 award was distributed by Project phases as follows: Project
Approval and Environmental Documents "PA ED" - $10,000; Plans, Specifications and
Estimate ("PS&E") $50,000; Construction ("CON") - $367500; and
WHEREAS, the Project will install pedestrian countdown signal heads, advance stop
bar before crosswalks ("Bicycle Box"), and modify signal phasing to implement a Leading
Pedestrian Interval ("LPI") at eight signalized intersections: Harbison Ave & E. Plaza Blvd;
Harbison Ave & E. 8th St.; E Plaza Blvd & Highland Ave; Highland Ave & E. 8th St.; Highland
Ave & E. 21st St.; Highland Ave & E. 18th St.; National City Blvd & E 8th St.; Highland Ave
E3 th St; and
WHEREAS, this project was identified through the review of two previously completed
safety planning projects: The City of National City INTRAConnect Plan which was funded by
a Caltrans Sustainable Transportation Planning Grant in 2018; and National City Systematic
Safety Analysis Report Program "SSARP" which was funded by a Caltrans HSI P grant and
used data collected from the Statewide Integrated Traffic Records System ("SWITRS") for
the most recent and complete 5-year period, January I , 2013-December 31, 2017, , as part of
a SSARP grant; and
WHEREAS, the eight intersections were selected for this HSIP project from the
City of National City INTRAConnect t Plan and City of National City's SSARP that showed
either a significant volume or severity of crashes; and
WHEREAS, once the PA&ED and PS&E phases are complete, staff will return to the
City Council for the appropriation of the Construction fund.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, NIA, DOES RESOLVE, DECLARE, E, DETERMINE, AND ORDER AS FOLLOWS:
Resolution No.
Page Two
2022
—114
Section 1: That the City Council hereby authorizes the Mayor to execute the State -
Aid Master Agreement and Program Supplement Agreement No. Z44 to allow the City to
receive reimbursement of eligible project expenditures through the H1P grant.
Section 2: The City Clerk shall certify the passage and adoption of this Resolution
and enter it into the book of original Resolution.
PASSED
and ADOPTED this 2nd day of August
Ale }andra '' t=Soli Mayor
ATTEST:
Lu Molina,
City Y
APPROVED AS TO FORM:
L)
BarryGl ��h Itz, Interim Attorney
Passed and adopted by the City Council of the City of National City, California, on
August 2, 2022 by the following vote, to -wit:
Ayes: sotelo-Solis, Bush, Morrison, Rios, Rodriguez
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: ALFJANDRA SOTELO-SOLIS
BY
Vayor of the City of National City, California
Luz Molina
City Clerk of the City of National City. California
r,
Shelley Chape
1)1 Cik
MVI��, Deputy Clerk
DEPARTMENT OF TRANSPORTATION
To: City of National City
FINANCE LETTER
FINANCE ITEMS
PRO RATA OR
TOTAL COST OF
PART. COST
STATE (HSIP)
LOCAL
LUMP SUM
WORK
Agency Preliminary
Engineering
Totals:
$60,000.01
$60,000.01 $60,000.001
$0.01
$60,000.0C
$60,000.01 $60,000.00
$0.00
Date: 09/10/2022 EA No:
D_CO_RT: 11-SD-0-NATC
Project No: HSIPSL-5066(050)
Adv Project Id: 1122000139
Project End Date:
Participation Ratio: 100.00% This Finance Letter was created based on specific financial information provided by the responsible local agency. The following
encumbrance history is prepared by Local Assistance Accounting Office and is provided here for local agency's information and action.
Signature: Z7CaZGei eu.
Title: HQ Senior Area Engineer
For questions regarding finance letter, contact:
Printed Name : Daniel Bui
Telephone No: (279) 444-7828
Remarks: *REQ#1: Caltrans allocated $60,000. of HSIP State Only funds for the PE component of the project, on January 24, 2022, under a unique Project ID# H10-11-014.
*Maximum State funds: $427,500.00.
State Program Code: 20.30.010.551
ADV. PROJECT ID
APPROP.
UNIT
STATE PROG.
FED/STATE
ACCOUNTING INFORMATION
ENCUMBRANCE APPROP EXPENDITURE
AMOUNT YEAR AMOUNT
HSIPSL-5066(050)
ENCUMBRANCE REVERSION
BALANCE DATE*
Cooperative Work Agreement
APPROVED EXPIRATION
AMOUNT DATE
1122000139
21102
I 2030010551
$60,000.00 I 2021 I $0.00 I
$60,000.00 I 06/30/26
*Please submit invoices to the appropriate Districts by April 1st to avoid funds lapsing on the June 30th reversion date listed above and to allow sufficient time
for Accounting and SCO year-end closing procedures.
Page 1 of 1
MASTER AGREEMENT
ADMINISTERING AGENCY -STATE AGREEMENT FOR
STATE -FUNDED PROJECTS
11 City of National City
District Administering Agency
Agreement No. 11-5066S21
This AGREEMENT, is entered into effective this 9th day of September , 2022, by and
between the City of National City, hereinafter referred to as "ADMINISTERING AGENCY," and
the State of California, acting by and through its Department of Transportation
(Caltrans ), hereinafter referred to as "STATE", and together referred to as "PARTIES" or
individually as a "PARTY."
RECITALS:
1. WHEREAS, the Legislature of the State of California has enacted legislation by which certain
State funds are made available for use on local transportation related projects of public entities
qualified to act as recipients of these state funds; and
2. WHEREAS, ADMINISTERING AGENCY has applied to the California Transportation
Commission (CTC) and/or STATE for funding from a State -funded program (herein referred to
as STATE FUNDS), as defined in the Local Assistance Program Guidelines (LAPG) and/or in
the respective CTC Guidelines, for use on local authorized transportation related projects as a
local administered project(s), hereinafter referred to as "PROJECT"; and
3. WHEREAS, said PROJECT will not receive any federal funds; and
4. WHEREAS, before STATE FUNDS will be made available for PROJECT, ADMINISTERING
AGENCY and STATE are required to enter into an agreement to establish terms and conditions
applicable to the ADMINISTERING AGENCY when receiving STATE FUNDS for a designated
PROJECT facility and to the subsequent operation and maintenance of that completed facility.
NOW, THEREFORE, the PARTIES agree as follows:
Page 1
of 16
ARTICLE l - 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 state funded projects;
hereinafter referred to as "PROGRAM SUPPLEMENT", has been fully executed by both STATE
and ADMINISTERING ISTERING AGENCY.
2. The State approved project -specific allocation notification letter and approved CTC allocation
documentation designate the party responsible for implementing PROJECT, type of work, and
location of PROJECT for projects requiring OTC allocation by PROJECT component of work.
3 The PROGRAM SUPPLEMENT sets out special covenants as a condition for the
ADMINISTERING AGENCY to receive STATE FUNDS from/through STATE for designated
PROJECT. The PROGRAM SUPPLEMENT shall also show these STATE FUNDS that have
been initially encumbered for PROJECT along with the matching funds to be provided by
ADMINISTERING AGENCY and/or others. Execution of PROGRAM SUPPLEMENT by the
PARTIES shall cause ADMINISTERING AGENCY to adopt all the terms of this AGREEMENT
as though fully set forth therein in the PROGRAM SUPPLEMENT. Unless otherwise expressly
delegated in a resolution by the governing body of ADMINISTERING AGENCY, and with written
concurrence by STATE, the PROGRAM SUPPLEMENT shall be approved and managed by the
governing body of ADMINISTERING AGENCY.
4. ADMINISTERING AGENCY agrees to execute and return each project -specific PROGRAM
SUPPLEMENT. The PARTIES agree that STATE may suspend future allocations,
encumbrances and invoice payments for any on- going or future STATE FUNDED PROJECT
performed by ADMINISTERING AGENCY if any project -specific PROGRAM SUPPLEMENT is
not returned, unless otherwise agreed by STATE in writing.
. ADMINISTERING AGENCY further agrees, as a condition to the release and payment of
STATE FUNDS encumbered for the PROJECT described in each PROGRAM SUPPLEMENT,
to comply with the terms and conditions of this AGREEMENT and all the agreed -upon Special
Covenants or Remarks incorporated within the PROGRAM SUPPLEMENT, and
Cooperative/Contribution Agreement where appropriate, defining and identifying the nature of
the specific PROJECT.
6. STATE FUNDS will not participate in any portion of PROJECT work performed in advance of
the effective date of allocation by CTC, or by STATE for allocations delegated to STATE by
CTC, for said PROJECT.
Projects allocated with STATE FUNDS will be administered in accordance with the current
CTC STIP Guidelines, applicable chapter(s) of the LAPG, LAPM and/or any other instructions
published by STATE.
8. ADMINISTERING AGENCY agrees to ensure compliance with all relevant State laws and
requirements for work related to PROJECT, including the California Environmental Quality Act
(CEQA).
Page 2 of 1
9. ADMINISTERING AGENCY's eligible costs for preliminary engineering work includes all
preliminary work directly related to PROJECT up to contract award for construction, including,
but not limited to, environmental studies and permits (E&P), preliminary surveys and reports,
laboratory work, soil investigations, the preparation of plans, specifications and estimates
(PS&E), advertising for bids, awarding of a contract and project development contract
administration.
10. ADMINISTERING AGENCY's eligible costs for construction engineering include actual
inspection and supervision of PROJECT construction work; construction staking; laboratory and
field testing; and the preparation and processing of field reports, records, estimates, final
reports, and allowable expenses of employees/consultants engaged in such activities.
11. Unless the PARTIES agree otherwise in writing, ADMINISTERING AGENCY's employees
or its contracted engineering consultant shall be responsible for all PROJECT engineering work.
12. ADMINISTERING AGENCY shall not proceed with final design of PROJECT until final
environmental approval of PROJECT. Final design entails the design work necessary to
complete the PS&E and other work necessary for a construction contract but not required
earlier for environmental clearance of that PROJECT.
13. If PROJECT is not on STATE -owned right-of-way, PROJECT shall be constructed in
accordance with Chapter 11 of the LAPM that describes minimum statewide design standards
for local agency streets and roads. The design standards for projects off the National Highway
System (NHS) allow STATE to accept either the current Caltrans Highway Design Manual
standards, the current FHWA-adopted American Association of State Highway and
Transportation Officials AASHTO A Policy on Geometric Design of Highways and Streets
standards, or the approved geometric design standards of ADMINISTERING AGENCY
Additionally, for projects off the NHS, STATE will accept ADMINISTERING AGENCY -approved
standard specifications, standard plans, materials sampling and testing quality assurance
programs that meet the conditions described in the then current Local Assistance Procedures
Manual.
14. If PROJECT involves work within or partially within STATE -owned right-of-way, that
PROJECT shall also be subject to compliance with the policies, procedures and standards of
the STATE Project Development Procedures Manual and Highway Design Manual and where
appropriate, an executed cooperative agreement between STATE and ADMINISTERING
AGENCY that outlines the PROJECT responsibilities and respective obligations of the
PARTIES. ADMINISTERING ING AGENCY and its contractors shall each obtain an encroachment
permit through STATE prior to commencing any work within STATE rights -of -way or work which
affects STATE facilities.
Page 3
of 1
1 . When PROJECT is not on the State Highway System (SHS) 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,
16, ADMINISTERING AGENCY shall comply with the provisions of sections 4450 and 4454 of
the California Government Code, as well as other Department of General Services guidance, if
applicable, for the contract PS&E for the construction of buildings, structures, sidewalks, curbs
and related facilities for accessibility and usability. Further requirements and guidance are.
provided in Title 24 of the California Code of Regulations.
17. ADMINISTERING AGENCY shall provide a full-time public employee to be in responsible
charge of each PROJECT. ADMINISTERING AGENCY shall provide or arrange for adequate
supervision and inspection of each PROJECT. ADMINISTERING AGENCY may wtilize
consultants to perform supervision and inspection work for PROJECT with a fully qualified and
licensed engineer. Utilization of consultants does not relieve ADMINISTERING AGENCY of its
obligation to provide a full-time public employee to be in responsible charge of each PROJECT,
18. Unless otherwise provided in the PROGRAM SUPPLEMENT, ADMINISTERING AGENCY
shall advertise, award, and administer the PROJECT construction contract or contracts.
19. The cost of maintenance, ntenance, security, or protection performed by ADMINISTERING AGENCY
or contractor forces during any temporary suspension of PROJECT or at any other tirre may not
be charged to the PROJECT.
20. ADMINISTERING AGENCY shall submit PROJECT -specific award information to STATE's
District Local Assistance Engineer, within sixty days after contract award.
21. ADMINISTERING AGENCY shall submit the final report documents that collectively
constitute a "Final Project Expenditure Report", LAPIN Exhibit 1 -M, within one hundred eighty
(180)days of PROJECT completion. Failure by ADMINISTERING G AGENCY to submit a "Final
Project Expenditure Report", within 180 days of project completion will result in STATE
imposing sanctions upon ADMINISTERING AGENCY in accordance with the Local Assistance
Procedures Manual.
22 ADMINISTERING AGENCY shall comply with the Americans with Disabilities Act (ADA) of
1990 that prohibits discrimination on the basis of disability and all applicable regulations and
guidelines issued pursuant to the ADA.
r
p
Page 4 of 16
23. The Governor and the Legislature of the State of California, each within their respective
jurisdictions, have prescribed certain nondiscrimination requirements with respect to contract
and other work financed with public funds. ADMINISTERING AGENCY agrees to comply with
the requirements of the FAIR EMPLOYMENT PRACTICES ADDENDUM, attached hereto as
Exhibit A and further agrees that any agreement entered into by ADMINISTERING AGENCY
with a third party for performance of work connected with PROJECT shall incorporate Exhibit
(with third party's name replacing ADMINISTERING AGENCY) as parts of such agreement.
24. ADMINISTERING AGENCY shall include in all contracts and subcontracts awarded when
applicable, a clause that requires each subcontractor to comply with California Labor Code
requirements that all workers employed on public works aspects of any project (as defined in
California Labor Code sections 1720-1815) be paid not less than the general prevailing wage
rates predetermined by the Department of Industrial Relations as effective at the date of
contract award by the ADMINISTERING AGENCY,
ARTICLE II - RIGHTS -OF -WAY
1. No contract for the construction of a STATE FUNDED PROJECT shall be awarded until all
necessary rights of way have been secured. Prior to the advertising for construction of
PROJECT, ADMINISTERING AGENCY shall certify and, upon request, shall furnish STATE
with evidence that all necessary rights -of -way are available for construction purposes or will be
available by the time of award of the construction contract.
2. The furnishing of rights of way by ADMINISTERING AGENCY as provided for herein
includes, and is limited to, the following, unless the PROGRAM SUPPLEMENT provides
otherwise.
(a) Expenditures of capital and support to purchase all real property required for PROJECT free
and clear of liens, conflicting easements, obstructions and encumbrances, after crediting
PROJECT with the fair market value of any excess property retained and not disposed of by
ADMINISTERING AGENCY.
(b) The cost of furnishing of right-of-way as provided for herein includes, in addition to 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 owners of
remainder real property not actually taken but injuriously affected by PROJECT.
(c) The cost of relocation payments and services provided to owners and occupants pursuant to
Government Code sections 7260-7277 when PROJECT displaces an individual, family,
business, farm operation or nonprofit organization.
(d) The cost of demolition and/or the sale of all improvements on the right-of-way after credit is
recorded for sale proceeds used to offset PROJECT costs.
(e) The cost of all unavoidable utility relocation, protection or removal.
Page 5 of 1
(f) The cost of all necessary hazardous material and hazardous waste treatment, encapsulation
or removal and protective storage for which ADMINISTERING GE CY accepts responsibility
and where the actual generator cannot be identified, and recovery made.
3. ADMINISTERING AGENCY agrees to indemnify and hold STATE harmless from any liability
that may result in the event the right-of-way for a PROJECT is not clear as certified by
ADMINISTERING ING AGENCY, including, but not limited to, if said right -of -war is found to contain
hazardous materials requiring treatment or removal to remediate in accordance with Federal
and State laws. ADMINISTERING AGENCY shall pay, from its own non- matching funds, any
costs which arise out of delays to the construction of PROJECT because utility facilities have
not been timely removed or relocated, or because rights -of -way were not available to
ADMINISTERING ING AGENCY for the orderly prosecution of PROJECT work.
ARTICLE Ill - MAINTENANCE AND MANAGEMENT
ENT
I. ADMINISTERING IISTEF ING AGENCY will maintain and operate the property acquired, developed,
constructed, rehabilitated, or restored by PROJECT for its intended public use until such time as
the parties might amend this AGREEMENT to otherwise provide. With the approval of STATE,
ADMINISTERING AGENCY or its successors in interest in the PROJECT property may transfer
this obligation and responsibility to maintain and operate PROJECT property for that intended
public purpose to another public entity.
2. Upon ADMINISTERING AGENCY's acceptance of the completed construction contract or
upon contractor being relieved of the responsibility for maintaining and protecting PROJECT,
ADMINISTERING ING AGENCY will be responsible for the maintenance, ownership, liability, and
the expense thereof, for PROJECT in a manner satisfactory to the authorized representatives of
STATE and if PROJECT falls within the jurisdictional limits of another Agency or Agencies, it is
the duty of ADMINISTERING AGENCY to facilitate a separate maintenance agreement(s)
between itself and the other jurisdictional Agency or Agencies providing for the operation,
maintenance, ownership and liability of PROJECT. Until those agreements are executed,
ADMINISTERING ING AGENCY will be responsible for all PROJECT operations, maintenance,
ownership and liability in a manner satisfactory to the authorized representatives of STATE. If,
within ninety days after receipt of notice from STATE that a PROJECT, or any portion
thereof, is not being properly operated and maintained and ADMINISTERING AGENCY has not
satisfactorily remedied the conditions complained of, the approval of future STATE FUNDED
PROJECTS of ADMINISTERING ISTEI ING AGENCY will be withheld until the PROJECT shall have been
put in a condition of operation and maintenance satisfactory to STATE. The provisions of this
section shall not apply to a PROJECT that has been vacated through due process of law with
STATE's concurrence.
3. PROJECT and its facilities shall be maintained by an adequate and well -trained staff of
engineers and/or such other professionals and technicians as PROJECT reasonably requires.
Said operations and 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.
Page 6 of 1
. ADMINISTERING AGENCY shall comply with all applicable law, including but not limited to,
all applicable legal authority regarding construction standards.
ARTICLE IV - FISCAL PROVISIONS
I. All contractual obligations of STATE are subject to the appropriation of resources by the
Legislature and the allocation of resources by the CTC.
2. STATE'S financial commitment of STATE FUNDS will occur only upon the execution of this
AGREEMENT, ENT, the execution of each project -specific PROGRAM SUPPLEMENT and/or
STATE's approved finance letter.
3. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices in arrears for
reimbursement of allowable PROJECT costs at least once every six months commencing after
the STATE FUNDS are encumbered on either the project -specific PROGRAM SUPPLEMENT
or through a project -specific finance letter approved by STATE. STATE reserves the right to
suspend future allocations and invoice payments for any on -going or future STATE FUNDED
project performed by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by
ADMINISTERING AGENCY for a six-month period
4. Invoices shall be submitted on a standardized billing summary template, in accordance with
Chapter 5 of the LAPM to claim reimbursement by ADMINISTERING AGENCY, For
construction invoices, pay estimates must be included.
. ADMINISTERING AGENCY must retain at least one copy of supporting backup
documentation for allowable costs incurred and claimed for reimbursement by
ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup
documentation with invoices if requested by State. Acceptable backup documentation includes,
but is not limited to, agency's progress payment to the contractors, copies of cancelled checks
showing amounts made payable to vendors and contractors, and/or a computerized summary of
PROJECT costs.
. Payments to ADMINISTERING AGENCY can only be released by STATE as
reimbursements of actual allowable PROJECT costs already incurred and paid for by the
ADMINISTERING AGENCY.
7. Indirect Cost Allocation Plans/Indirect Cost Rate Proposals ICAP ICRP , Central Service
Cost Allocation Plans and related documentation are to be prepared and provided to the
Inspector General - Independent Office of Audits and Investigations for review and approval
prior to ADMINISTERING AGENCY seeking reimbursement of indirect cost incurred within each
fiscal year being claimed for reimbursement. ICAPs/ICRPs must be prepared in accordance
with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the LAPM, and the ICAP/IC P
approval procedures established by STATE.
Page 7 of 1
. STATE will withhold the greater of either two 2 percent of the total of all STATE FUNDS
encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY
submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT
PROJECT.
. The estimated total cost of PROJECT, the amount of STATE FUNDS obligated, and the
required matching funds may be adjusted by mutual consent of the PARTIES with a finance
letter, and an allocation notification letter when applicable. STATE FUNDING may be increased
to cover PROJECT cost increases only if such additional funds are available and the CTC
and/or STATE concurs with that increase in the form of an allocation and finance letter.
10. When such additional STATE FUNDS are not available, ADMINISTERING AGENCY agrees
that any increases in PROJECT costs must be defrayed with ADMINISTERING AGENCY's own
funds.
11. ADMINISTERING AGENCY shall use its own non -STATE FUNDS to finance the local share
of eligible costs and all PROJECT expenditures or contract items ruled ineligible for financing
with STATE FUNDS. STATE shall make the final determination of ADMINISTERING AGENCY'S
cost eligibility for STATE FUNDED financing with respect to claimed PROJECT costs.
12. ADMINISTERING ING AGENCY will reimburse STATE for STATE's share of costs for work
performed by STATE at the request of ADMINISTERING ING AGENCY. STATE's costs shall include
overhead assessments in accordance with section 8755.1 of the State Administrative Manual.
13. STATE FUNDS allocated by the CTC and/or STATE are subject to the timely use of funds
provisions approved in CTC Guidelines and State procedures approved by the CTC and
STATE.
14. STATE FUNDS encumbered for PROJECT are available for liquidation only for a limited
period from the beginning of the State fiscal year when those funds were appropriated in the
State Budget. STATE FUNDS not liquidated within these periods will be reverted unless a
Cooperative Work Agreement (CWA) is submitted by ADMINISTERING AGENCY and
approved by the California Department of Finance in accordance with Section 16304 of the
Government Code. The exact date of fund reversion will be reflected in the STATE signed
PROJECT finance letter.
15. Payments to ADMINISTERING AGENCY for PROJECT -related travel and subsistence (per
diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors
claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid
to rank and file STATE employees under current California Department of Human Resources
(CaIHR)rules unless a Cooperative Work Agreement (CWA) is submitted by ADMINISTERING
AGENCY and approved by the California Department of Finance in accordance with
Government Code section 16304. If the rates invoiced by ADMINISTERING AGENCY are in
excess
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of CaIHR rates, ADMINISTERING AGENCY is responsible for the cost difference, and any
overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING
AGENCY on demand.
16. ADMINISTERING AGENCY agrees to comply with California Government Code 4 2 -
4 2 .14. Administering Agency shall undertake the procedures described in California
Government Code 4 27 a and 4528(a). dministering Agency shall also comply with 2 CFR
Part 200 Uniform Administrative Requirements, Cost Principles and Audit Requirement for
Federal Awards, excluding 2 CFR Part 2 o.31 -20 .32 .
17. ADMINISTERING AGENCY agrees and will assure that its contractors and subcontractors
will be obligated to agree that Contract Cost Principles and Procedures, 48 CFR, Federal
Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the
allowability of individual PROJECT cost. items. Every recipient and sub -recipient receiving
PROJECT funds under this AGREEMENT shall comply with Federal administrative procedures
in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and
Audit Requirement for Federal Awards, excluding 2 CFR Part 2 ~31 -2o ,32 Governments.
ADMINISTERING AGENCY agrees to comply with the provisions set forth in 23 CFR Parts 140,
645 and 646 when contracting with railroad and utility companies.
18. Every recipient and sub -recipient receiving PROJECT funds under this AGREEMENT shall
comply with 2 CFR 200 excluding 2 CFR Part 2 .31-200E32 , 48 CFR Chapter I, Part 31,
LAPM, Public Contract Code (FCC) 103 - 10334 (procurement of goods), PCC 1 3 -10381
(non-A&E services), California Government Code 4525-4529.5 including 4 27 a and 4528(a),
and other applicable STATE regulations.
19. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit
that are determined by subsequent audit to be questioned, disallowed, or unallowable under 2
CFR, Part 200, 48 CFR, Chapter 1, Part 31, 23 CFR Parts 140, 645 and 646, LAPM, Public
Contract Code (FCC) 1 0-10 4 (procurement of goods), PCC 10 - 381 (non-A&E
services), California Government Code 4525-4529.5 including 4 27 a and 4528(a), and other
applicable STATE regulations are subject to repayment by ADMINISTERING AGENCY to
STATE and may result in STATE imposing sanctions on ADMINISTERING ING AGENCY as
described in Chapter 20 of the Local Assistance Procedures Manual.
20. Should ADMINISTERING AGENCY fail to refund any moneys due upon written demand by
STATE as provided herein or should ADMINISTERING ING GENC breach this AGREEMENT by
failing to complete PROJECT without adequate justification and approval by STATE, then,
within thirty 3 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,
the CTC or any other public entity or agency, may intercept, withhold and demand the transfer
of an amount equal to the amount paid by or owed to STATE for each PROJECT, from future
apportionments, or any other funds due ADMINISTERING AGENCY from the Highway Users
Tax Fund or any other sources of funds, and/or may also withhold approval of future STATE
FUNDED projects proposed by ADMINISTERING AGENCY.
21. Should ADMINISTERING AGENCY be declared to be in breach of this AGREEMENT ENT or
otherwise in default thereof by STATE, and if ADMINISTERING AGENCY is
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of 16
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, from
those constituent entities comprising a joint powers authority or by bringing of an action against
ADMINISTERING ING AGENCY or its constituent member entities, to recover all funds provided by
STATE hereunder.
22. ADMINISTERING AGENCY acknowledges that the signatory party represents the
ADMINISTERING ING AGENCY and further warrants that there is nothing within a Joint Powers
Agreement, by which ADMINISTERING AGENCY was created, if any exists, that would restrict
or otherwise limit STATE's ability to recover STATE FUNDS improperly spent by
ADMINISTERING AGENCY in contravention of the terms of this AGREEMENT.
ARTICLE V
AUDITS, THIRD PARTY CONTRACTING, RECORDS DS RETENTION AND REPORTS
TS
1. STATE reserves the right to conduct technical and financial audits of PROJECT work and
records and ADMINISTERING AGENCY agrees, and shall require its contractors and
subcontractors to agree, to cooperate with STATE by making all appropriate and relevant
PROJECT records available for audit and copying as required by paragraph three (3) of Article
V.
2. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain
a financial management system and records that properly accumulate and segregate
reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item
for the PROJECT. The financial management system of ADMINISTERING ING AGENCY, its
contractors and all subcontractors shall conform to Generally Accepted Accounting Principles,
enable the determination of incurred costs at interim points of completion, and provide support
for reimbursement payment vouchers or invoices sent to or paid by STATE.
3. ADMINISTERING AGENCY, ADMINISTERING AGENCY's contractors and subcontractors,
and STATE shall each maintain and make available for inspection and audit by STATE, the
California State Auditor, or any duly authorized representative of STATE or the United States,
all books, documents, papers, accounting records, and other evidence pertaining to the
performance of such contracts, including, but not limited to, the costs of administering those
various contracts, and ADMINISTERING AGENCY shall furnish copies thereof if requested. All
of the above -referenced parties shall make such AGREEMENT ENT and PROGRAM SUPPLEMENT
materials available at their respective offices at all reasonable times during the entire PROJECT
period and for three years, or 35 years for Prop 1 E funds, from the date of final payment to
ADMINISTERING ING AGENCY.
4. ADMINISTERING AGENCY shall not award a construction contract over $25,000 on the
basis of a noncompetitive negotiation for work to be performed under this AGREEMENT T without
the prior written approval of STATE. All contracts awarded by ADMINISTERING AGENCY
intended or used as local match credit must meet the requirements set forth in this
AGREEMENT regarding local match funds.
Page 10 of 1
. ADMINISTERING AGENCY shall comply with Chapter 10 (commencing with Section 4525)
Division 5 of Title I of the Government Code and shall undertake the procedures described in
California Government Code 4527(a) and 4528(a). Administering Agency shall comply with
Chapter 10 of the LAPIN for A&E Consultant Contracts.
. ADMINISTERING AGENCY shall comply with Government Code Division 5 Title I sections
4525-4529.5 and shall undertake the procedures described in California Government Code
4527(a) and 4 2 a for procurement of professional service contracts. Administering Agency
shall follow Public Contract Code Section 1O335 1o3 1 for other professional service contracts.
. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT
shall contain all of the provisions of Article IV, FISCAL PROVISIONS, and this ARTICLE V,
AUDITS, THIRD -PARTY CONTRACTING, RECORDS RETENTION AND REPORTS F TS and shall
mandate that travel and per diem reimbursements and third- party contract reimbursements to
subcontractors will be allowable as PROJECT costs only after those costs are incurred and paid
for by the subcontractors.
. To be eligible for local match credit, ADMINISTERING ING AGENCY must ensure that local
match funds used for a PROJECT meet the fiscal provisions requirements outlined in ARTICLE
IV in the same manner that is required of all other PROJECT expenditures.
9. Except as provided in this Article, this AGREEMENT is solely between and for the benefit of
the PARTIES ES and there are no third -party beneficiaries.
ARTICLE VI - MISCELLANEOUS EOUS PROVISIONS
1. ADMINISTERING AGENCY agrees to use all PROJECT funds reimbursed hereunder only
for transportation purposes that are in conformance with Article XIX of the California State
Constitution and other California laws.
2 ADMINISTERING AGENCY shall conform to all applicable State and Federal statutes and
regulations, and the Local Assistance Program Guidelines and Local Assistance Procedures
Manual as published by STATE and incorporated herein, including all subsequent approved
revisions thereto applicable to PROJECT unless otherwise designated in the project -specific
executed PROJECT SUPPLEMENT.
T.
. This AGREEMENT is subject to any additional restrictions, limitations, conditions, or any
statute enacted by the State Legislature or adopted by the CTC that may affect the provisions,
terms, or funding of this AGREEMENT ENT in any manner.
. 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.
Page 11 of 1
. Each project -specific PROGRAM AM SUPPLEMENT shall separately establish the terms and
funding limits for each described PROJECT funded under this AGREEMENT and that
PROGRAM AM SUPPLEMENT. No STATE FUNDS are obligated against this AGREEMENT.
. ADMINISTERING AGENCY certifies that neither ADMINISTERING AGENCY nor its
principals are suspended or debarred at the time of the execution of this AGREEMENT, and
ADMINISTERING AGENCY agrees that it will notify STATE immediately in the event a
suspension or a debarment occurs after the execution of this AGREEMENT.
. ADMINISTERING AGENCY certifies, 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 ENT without liability, pay
only for the value of the PROJECT work actually performed, or in STATE's discretion, to deduct
from the price of PROGRAM . SUPPLEMENT consideration, or otherwise recover, the full
amount of such commission, percentage, brokerage, or contingent fee.
. 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 ING AGENCY within the
immediate preceding two 2 year period because of ADMINISTERING AGENCY's #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.
. ADMINISTERING ING AGENCY shall disclose any financial, business, or other relationship with
STATE that may have an impact upon the outcome of this AGREEMENT or any individual
PROJECT encompassed within a PROGRAM AM SUPPLEMENT, ADMINISTERING AGENCY
shall also list current contractors who may have a financial interest in the outcome of
PROJECT undertaken pursuant to this AGREEMENT. These disclosures shall be delivered to
STATE in a form deemed acceptable by the STATE prior to execution of this AGREEMENT.
10. ADMINISTERING AGENCY hereby certifies that it does not have, nor shall it acquire, any
financial or business interest that would conflict with the performance of any PROJECT initiated
under this AGREEMENT.
11. ADMINISTERING AGENCY certifies 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
sole discretion, to terminate this AGREEMENT without liability, to pay only for PROJECT work
actually performed, or to deduct from a PROGRAM AM SUPPLEMENT price or otherwise recover
the full amount of such rebate, kickback, or other unlawful consideration.
Page 12 of 1
12. Any dispute concerning a question offact arising under this AGREEMENT that is not
disposed of by agreement shall be decided by the STATE's Contract Manager, who shall be
identified to ADMINISTERING AGENCY at the time of execution of this AGREEMENT and, as
applicable , any time that Contract Manager changes during the duration of this AGREEMENT
who may consider any written or verbal evidence submitted by ADMINISTERING AGENCY.
The decision of the Contract Manager, issued in writing, shall be conclusive and binding on the
PARTIES on all questions of fact considered and determined by the Contract Manager.
13. Neither the pendency of a dispute nor its consideration by the Contract Manager will excuse
the ADMINISTERING AGENCY from full and timely performance in accordance with the terms
of this AGREEMENT and each PROGRAM SUPPLEMENT.
14. Neither STATE nor any officer or employee thereof is responsible for any injury, 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 of ADMINISTERING
AGENCY arising under this AGREEMENT. It is understood and agreed that ADMINISTERING
ISTERING
AGENCY shall fully defend, indemnify and save harmless STATE and all of its officers and
employees from all claims and suits or actions of every name, kind and description brought forth
under, including but not limited to, tortious, contractual, inverse condemnation or other theories
or assertions of liability occurring by reason of anything done or omitted to be done by
ADMINISTERING AGENCY under this AGREEMENT,
15. Neither ADMINISTERING AGENCY nor any officer or employee thereof is responsible for
any injury, 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 arising under this
AGREEMENT. It is understood and agreed that STATE shall fully defend, indemnify and save
harmless the ADMINISTERING AGENCY and all of its officers and employees from all claims,
suits or actions of every name, kind and description brought forth under, including but not
limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability
occurring by reason of anything done or omitted to be done by STATE under this
AGREEMENT.
16. In the event of (a) ADMINISTERING AGENCY failing to timely proceed with effective
PROJECT work in accordance with the project -specific PROGRAM SUPPLEMENT; (b) failing
to maintain any applicable bonding requirements; and (c) otherwise materially violating the
terms and conditions of this AGREEMENT and/or any PROGRAM SUPPLEMENT, STATE
reserves the right to terminate funding for that PROJECT upon thirty (30) days' written notice to
ADMINISTERING AGENCY.
17. No termination notice shall become effective if, within thirty (30) days after receipt of a
Notice of Termination, ADMINISTERING AGENCY either cures the default involved or, if the
default is not reasonably susceptible of cure within said thirty day period the
ADMINISTERING AGENCY proceeds thereafter to complete that cure in a manner and time
line acceptable to STATE.
18. Any such termination shall be accomplished by delivery to ADMINISTERING AGENCY of a
Notice of Termination, which notice shall become effective not less than thirty 3 days after
receipt, specifying the reason for the termination, the
Page 13 of 16
extent to which funding of work under this AGREEMENT and the applicable
PROGRAM SUPPLEMENT is terminated and the date upon which such termination
becomes effective, if beyond thirty (30) days after receipt. During the period before
the effective termination date, ADMINISTERING AGENCY and STATE shall meet to
attempt to resolve any dispute. In the event of such termination, STATE may
proceed with the PROJECT work in a manner deemed proper by STATE. If STATE
terminates funding for PROJECT with ADMINISTERING AGENCY for the reasons
stated in paragraph sixteen (16) of ARTICLE VI, STATE shall pay ADMINISTERING
AGENCY the sum due ADMINISTERING AGENCY under the PROGRAM SUPPLEMENT
and/or STATE -approved finance letter prior to termination, provided, however,
ADMINISTERING AGENCY is not in default of the terms and conditions of this
AGREEMENT or the project -specific PROGRAM SUPPLEMENT and that the cost of any
PROJECT completion to STATE shall first be deducted from any sum due
ADMINISTERING AGENCY.
19. In the case of inconsistency or conflicts with the terms of this AGREEMENT and
that of a project -specific PROGRAM SUPPLEMENT and/or Cooperative Agreement,
the terms stated in that PROGRAM SUPPLEMENT and/or Cooperative Agreement
shall prevail over those in this AGREEMENT.
20. Without the written consent of STATE, this AGREEMENT is not assignable by
ADMINISTERING AGENCY either in whole or in part.
21. No alteration or variation of the terms of this AGREEMENT shall be valid unless
made in writing and signed by the PARTIES, and no oral understanding or
agreement not incorporated herein shall be binding on any of the PARTIES.
IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their
duly authorized officer.
STATE OF CALIFORNIA City of National City
DEPARTMENT OF TRANSPORTATION
By Z-"aaua1G5111
Senior Transportation Engineer
Chief, Office of Project Implementation
for Division of Local Assistance
Date 9/12/2022
By
Alejandra Sotelo-Solis, Mayor
City of National City
Representative Name & Title
(Authorized Gov rning ody Representative)
Date
Page 14 of 16
EXHIBIT A - FAIR EMPLOYMENT PRACTICES ADDENDUM
1. In the performance of this Agreement, ADMINISTERING AGENCY will not discriminate
against any employee for employment on account of race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, genetic information, marital
status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and
veteran status. ADMINISTERING AGENCY will take affirmative action to ensure that employees
are treated during employment without regard to their race, religious creed, color, national
origin, ancestry, physical disability, mental disability, medical condition, genetic information,
marital status, sex, gender, gender. identity, gender expression, age, sexual orientation, or
military and veteran status. 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, its contractor(s) and all subcontractors shall comply with the
provisions of the Fair Employment and Housing Act (Gov. Code, 12900 et seq.), and the
applicable regulations promulgated thereunder (Cal. Code legs., Title 2, 11000, et seq.). The
applicable regulations of the Fair Employment and Housing Commission implementing
Government Code section 129 0 a-f , set forth in Chapter 5 of Division 4 of Title 2 of the
California Code of Regulations are incorporated into this AGREEMENT by reference and made
a part hereof as if set forth in full. Each of the ADMINISTERING AGENCY'S contractors and all
subcontractors shall give written notice of their obligations under this clause to labor
organizations with which they have a collective bargaining or other agreements, as appropriate.
3. ADMINISTERING G AGENCY shall include the nondiscrimination and compliance provisions of
this clause in all contracts and subcontracts to perform work under this AGREEMENT.
4. 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.
5. 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 Employment Practices Act.
Page 1 5 of 1
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 AGENC 's breach of this Agreement.
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