1989-081 FAURESOLUTION NO. 89- $!
A RE6OLUTION OF THE CITY COUNCIL
OF THE CITY OF ENCINITASv C~IFORNIA
APPROVINGANDAUTHORIZING EXECUTION OF
FAU I,~STER ~GREEHENT ~ PRO~I~ 6UPPLEI~ENT NO. 00L
BETWEEN STATE DEPARTMENT OF TI~.NSPORTATION
~ CITY OF ENCINITAS
WHEREAS, the City of Encinitas desires to construct certain
capital improvement projects using Federal Aid Urban (FAU) funds;
and
WHEREAS, a local agency - state agreement for federal aid
projects must be executed prior to awarding a contract involving
federal construction funds.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City
of Encinitas, California, that Federal Aid Project Agreement No.
II~5446 between the State of California Department of
Transportation and the City of Encinitas, and Program Supplement
No. 001 which provides for construction of traffic signals and
safety lighting at E1 Camino Real and Manchester Avenue, are hereby
approved.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute
said agreement and supplement on behalf of the City Council.
PASSED AND ADOPTED this 8th day of November, 1989 by the
following vote, to wit:
AYES:
GAINES, HANO, OMSTED, SHEA, SLATER
NAYS: NONE
ABSENT: NONE
ABSTAIN: NONE
Anne Omsted, Mayor of the
City of Encinitas, California
ATTEST:
E. POOL, City Clerk
SW/05/CRO6-395wp5 (11-1-89)
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I, E. JANE POOL, City Clerk of the City of Encinitas, California
do hereby certify un'der penalty of perjury that the above and
foregoing is a true and correct copy of this document on file in
my office. In witness whereof I have set my hand and the Seal of
the City of Encinitas this
day of ~ ,19 ~
JANE OO~L, City Clerk
Ee
SW/05/CRO6-395wp5 (11-1-89)
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LOCAL AGENCY-STATE AGREEMENT
FOR
FEDERAL-AID PROJECTS
11 San Diego Encinitas
District County City
AGREEMENT NO. 11-5446
MASTER AGREEMENT
THIS AGREEMENT, made in duplicate this
day of , 19 , by and between City of Encinita$
political subdivision(s) of the State of California
hereinafter referred to as "LOCAL AGENCY", and the STATE OF
CALIFORNIA, acting by and through the Department of
Transportation, hereinafter referred to as "STATE".
WITNESSETH:
WHEREAS, the Congress of the United States has declared
it to be in the national interest for Federal funds to be
expended for highway, fringe parking, bicycle transportation,
pedestrian walkways, and mass transportation projects; and
WHEREAS, the Legislature of the State of California has
enacted legislation by which certain Federal funds authorized
may be made available for use on local transportation
facilities in accordance with the intent of Federal actsi and
WHEREAS, there exists a compelling need for improvements
or restoration of roads, streets, highways, fringe parking,
and public transportation.facilities-within the-boundaries-of
LOCAL AGENCY; and
WHEREAS, LOCAL AGENCY and STATE therefore desire to make
use of such Federal funds as may be made available within the
jurisdictional boundaries of said LOCAL AGENCY; and
WHEREAS, before Federal-aid will be made available for
projects, LOCAL AGENCY and STATE are required to enter into
an agreement relative to prosecution of the said project and
maintenance of the completed facility.
THEREFORE, the parties agree as follows:
ARTICLE I - CONDITIONS
1. Projects located in urbanized areas (unless exempt)
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must be part of a program which serves to implement an
areawide plan held currently valid by the regional
transportation policy board.
2. Federal funds may participate only in work which has
been officially proqrammed to and authorized by the Federal
Highway Administration in advance of its performance.
3. Funds apportioned such as the STATE's share of FAS
funds are considered Federal-aid funds.
ARTICLE II - IMPROVEMENTS/RESTORATIONS
1. The term "IMPROVEMENT" or "RESTORATION" as used
herein means any work that is financed in part with Federal
funds.
2. The Supplemental Local Agency-State,Agreement
(program supplement) shall be in a form prescribed by STATE;
and shall designate who shall advertise, award, and
administer the contract, the Federal funds requested, and the
matching funds to be provided by LOCAL AGENCY, and, if a
State Highway is involved, the matching funds to be provided
by STATE. Adoption of the program supplement by LOCAL AGENCY
and approval by STATE shall cause such program supplement to
be a part of this agreement as though fully set forth herein.
Unless otherwise delegated the program supplement shall be
approved by the LOCAL AGENCY's governing body. Cooperative
projects including work on a State highway shall be the
subject of a separate cooperative agreement.
3. In processing IMPROVEMENTS or RESTORATIONS, LOCAL
AGENCY will conform to all STATE statutes, regulations and
procedures (including those set forth in the STATE's Local
Programs Manual) relating to the Federal-aid program and to
all applicable Federal laws, regulations, and policy and
procedural or instructional-memoranda~'~'This'includes;-'~ut .'is
not limited to, the holding of public hearings when required,
the publishing of various press notices, and the preparation
of plans, specifications, and estimates.
4. Unless otherwise designated in the approved program
supplement, improvements will be constructed by contract in
accordance with Certification Acceptance procedures approved
by the FHWA. Such procedures require the use of
Specifications described in the State's Certification; STATE
approval of plans, special provisions and estimated costs
prior to advertisement; a certification by LOCAL AGENCY with
respect to the right-of-way; and advertisement for a minimum
of 3 weeks prior to bid opening. The contract will be
awarded by LOCAL AGENCY, its agent, or by STATE as may be
determined between the parties prior to each project
advertisement.
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5. When the IMPROVEMENT or RESTORATION includes work to
be performed by a railroad, the contract for such work shall
be entered into by LOCAL AGENCY or by STATE, as parties
hereto agree. A contract entered into by LOCAL AGENCY for
such work must have prior approval of STATE. In either
event, LOCAL AGENCY shall enter into an agreement with the
railroad providing for maintenance of the protective devices
or other facilities installed under the service contract.
6. LOCAL AGENCY shall provide or arrange for adequate
supervision and inspection of each improvement, including
contracts awarded by STATE. With prior State approval,
surveying, inspection and testing may be performed by a
consulting engineer provided an employee of LOCAL AGENCY is
in responsible charge.
7. STATE shall exercise general supervision over
Federal-aid improvements and. may assume full..and direct
control over the project whenever STATE, at its-sole
discretion, shall determine that its responsibility to the
United States so requires. LOCAL AGENCY contracts shall so
stipulate.
ARTICLE III - RIGHTS-OF-WAY
1. No contract for the construction of a Federal-aid
IMPROVEMENT or RESTORATION project shall be awarded until the
necessary rights-of-way have been secured. Prior to the
advertising of a project on a local street, LOCAL AGENCY
shall certify and upon request shall furnish STATE with
evidence that necessary rights-of-way are available for
construction purposes or will be available by the time of
contract award.
2. LOCAL AGENCY agrees to hold STATE harmless from any
liability which may result in the event the right-of-way is
not clear-as certified;-~---The furnishing o~ right-of-way~as~ .......
provided for herein includes, in addition to all real
property required for the improvement free and clear of
obstructions and encumbrances affecting the proposed project,
the payment as required by applicable law of damages to real
property not actually taken but injuriously affected by the
proposed improvement. LOCAL AGENCY shall pay from its funds
any costs which arise out of delays to the contractor because
utility facilities have not been removed or relocated, or
because rights-of-way have not been made available to the
contractor for the orderly prosecution of the work.
3. Subject to STATE approval and such supervision over
LOCAL AGENCY's right-of-way acquisition procedures as STATE
may determine is necessary, LOCAL AGENCY may claim
reimbursement from Federal funds for expenditures to purchase
rights-of-way included in an approved project.
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4. The LOCAL AGENCY will comply with Title II and III
of the Uniform Real Property Acquisition Policy.
5. Whether or not Federal-Aid'is to be requested for
right-of-way, should LOCAL AGENCY, in acquiring right-of-way
for a Federal-aid IMPROVEMENT, displace an individual,
family, business, farm operation, or nonprofit organization,
relocation payments and services will be provided as set
forth in Chapter 5 of Title 23, U.S. Code. The public will
be adequately informed of the relocation payments and
services which will be available, and, to the greatest extent
practicable, no person lawfully occupying real property shall
be required to move from his dwelling or to move his business
or farm operation without at least 90 days written notice
from the LOCAL AGENCY. LOCAL AGENCY will provide the STATE
with specific assurance, on each project, that no person will
be displaced until comparable decent, safe and sanitary
replacement housing is available within a reasonable period
of time prior to displacement, and that LOCAL AGENCY's
relocation program is realistic and is adequate' to provide
orderly, timely and efficient relocation of displaced persons
for the project as provided in FHPM 7-5.
ARTICLE IV - FISCAL PROVISIONS
1. When a Federal-aid IMPROVEMENT or RESTORATION
contract is to be awarded by STATE, matching funds will be
provided by LOCAL AGENCY prior to the time that such funds
are required to reimburse contractor. STATE will bill LOCAL
AGENCY for amount due immediately following contract award,
or at option of LOCAL AGENCY, will submit monthly bills
during life of contract.
2. The estimated total cost of Federal-aid projects,
the amounts of Federal-aid programmed, and the matching
amounts agreed upon may be adjusted by mutual consent of the
parties hereto, provided funds are available to cover
increases-and provided Federal Highway Administration~concurs
in any increase in the Federal-aid.
3. Upon submittal by LOCAL AGENCY of a statement of
expenditures for Federal-aid improvements, STATE will pay its
agreed share and if permitted by State Law will advance an
amount equal to the legal pro rata Federal share of the costs
believed to be eligible for participation with Federal funds
or will voucher Federal Highway AdministratiQn for
reimbursement.
4. LOCAL AGENCY shall use its own funds to finance the
local share of eligible costs and expenditures ruled
ineligible for financing with Federal funds. STATE shall
make preliminary determination of eligibility for Federal
fund financing. Ultimate determination shall rest with the
Federal Highway Administration. Any overpayment of amounts
due shall be returned to STATE up.,n demand.
5. When any portion of a LOCAL AGENCY project is
performed by STATE, charges therefor shall include assessment
on direct labor costs in accordance with Section 8755.1 of
the State Administrative Manual. The portion of such charges
not financed with Federal funds shall be paid from funds of
LOCAL AGENCY.
6. Should LOCAL AGENCY fail to pay monies due STATE
within 30 days of demand or within such other period as may
be agreed between the parties hereto, STATE, acting through
State Controller, may withhold an equal amount from future
apportionments due LOCAL AGENCY from the Highway Users Tax
Fund.
7. Auditors of STATE and the United States shall be
given access to LOCAL AGENCY's books and records and shall be
given such assistance.and information as is requested for the
purpose of checking costs paid, or to be paidiby STATE
hereunder.
ARTICLE V - MISCELLANEOUS PROVISIONS
1. This agreement shall have no force or effect with
respect to any project unless and until said project has been
authorized by the Federal Highway Administration and a
Program Supplemental Agreement has been executed.
2. The Congress of the United States, the Legislature
of the State of California, and the Governor of the State of
California, each within their respective jurisdiction, have
prescribed certain employment practices with respect to
contract and other work financed with Federal or State funds.
LOCAL AGENCY shall ensure that work performed under this
agreement is done in conformance with rules and regulations
embodying such requirements where they are applicable.
Nondiscrimination Assurances, Exhibit "A",-.-ar~.hereby
considered a part of this agreement.
3. When Federal funds are to participate in the cost of
work done by a consultant, the agreement or contract with the
consultant may not be executed or awarded until the selection
of the consultant and the terms of the agreement or contract
have been approved by STATE. Such agreement or contract
shall include a provision that the work and records of the
consultant are subject to inspection at all times by
representatives of LOCAL AGENCY, STATE and the Federal
Highway Administration and that agreement or contract may be
terminated by LOCAL AGENCY upon a finding that the consultant
is failing to live up to the terms of the agreement or
contract. All major changes in the agreement or contract
must have prior approval of the STATE. As soon as agreement
or contract with consultant has been awarded, two'certified
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copies of said agreement or contract shall be submitted to
STATE.
4. LOCAL AGENCY and its contractors shall retain all
original records and documents relating to work hereunder
financed in part with Federal funds and shall make same
available for inspection by STATE and Federal representatives
upon request. Following final settlement of the project
accounts with the Federal Highway Administration, such
records and documents may be microfilmed at the option of
LOCAL AGENCY, but in any event shall be retained for a three-
year period after FHWA payment of final voucher, or a four-
year period from the date of final payment under the
contract, whichever is longer.
5. (a) Neither STATE nor any officer or employee
thereof shall be responsible for any damage or liability
occurring by reason of anything done or omitted to be done by
LOCAL AGENCY under or in connection with any.work, authority
or jurisdiction delegated to LOCAL AGENCY under-this
agreement. It is also understood and agreed that, pursuant
to Government Code Section 895.4, LOCAL AGENCY shall fully
indemnify and hold STATE harmless from any liability imposed
for injury (as defined by Government Code Section 810.8)
occurring by reason of anything done or omitted to be done by
LOCAL AGENCY under or in connection with any work, authority
or jurisdiction delegated to LOCAL AGENCY under this
agreement.
(b) Neither LOCAL AGENCY nor any officer or employee
thereof, shall be responsible for any damage or liability
occurring by reason of anything done or omitted to be done by
STATE under or in connection with any work, authority or
jurisdiction not delegated to LOCAL AGENCY under this
agreement. It is also understood and agreed that, pursuant
to Government Code Section 895.4, STATE shall fully indemnify
and hold LOCAL AGENCY harmless from any liability imposed for
injury (as defined by Government Code Section 810.8)-
occurring by reason of anything done or omitted to be done by
STATE under or in connection with any work, authority or
jurisdiction not delegated to LOCAL AGENCY under this
agreement.
ARTICLE VI - MAINTENANCE
1. Upon acceptance by the awarding authority of a
completed Federal-aid project or upon the contractor being
relieved of the responsibility for maintaining and protecting
a portion of the work, the agency having jurisdiction over
the transportation facility shall maintain the completed work
in a manner satisfactory to the authorized representatives of
the State and the United States. If, within 90 days after
receipt of notice from STATE that a project on a
transportation facility under its jurisdiction or any portion
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thereof, is not being properly maintained, LOCAL AGENCY has
not satisfactorily remedied the conditions complained of, th~
approval of further Federal-aid projects of LOCAL AGENCY will
be withheld until the project shall-have been put in a
condition of maintenance satisfactory to STATE and the
Federal Highway Administration. The provisions of this
section shall not apply to a transportation facility which
has been vacated through due process of law.
2. The maintenance referred to in paragraph 1 above
includes not only the physical condition of the facility but
its operation as well. Traffic Operations Improvements on
local streets shall be maintained by an adequate and well-
trained staff of traffic engineers and technicians. Said
maintenance staff may be employees of a LOCAL AGENCY, another
unit of government or a consultant under contract with a
LOCAL AGENCY.
IN WITNESS WHEREOF, the parties have executed this agreement by
their duly authorized officers.
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
DISTRICT 11
By
District Director of Transportation
Approval Recommended:
CITY OF ENCINITAS
Mayor
C~ Clerk
Local Streets and Roads Engineer
RUNTY OF /
A~is°rs
Clerk of Board
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AGREEMENT
EXHIBIT "A"
The ~/CITY of ~NCINITAS or
other approved contracting authority) hereby notifies
all bidders that it will affirmatively ensure that in
any contract 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, or national origin in
considerations for an award.
3. That the RECIPIENT shall insert the clauses of
Appendix A of this assurance in every contract subject to the
ACT and the REGULATIONS.
4.~ That the clauses' of Appendix B of th~-assurance
shall be included as a covenant running with the land, in any
deed from the United States effecting a transfer of real
property, structures, or improvements thereon, or interest
therein.
5. That where the RECIPIENT receives Federal financial
assistance to construct a facility, or part of a facility,
the assurance shall extend to the entire facility and
facilities operated in connection therewith.
6. That where the RECIPIENT receives Federal financial
assistance in the form, or for the acquisition of real
property or an interest in real property, the assurance shall
extend to rights to space on, over, or under such property.
7. That the RECIPIENT shall include the appropriate
clauses set forth in Appendix C of this assurance, as a
covenant running with the land, in any future deeds, leases,
permits, licenses, and similar agreements er.~ered into by the
RECIPIENT with other parties:
(a)
for the subsequent transfer of real Property
acquired or improved under the Federal-aid
Program; and
(b)
for the construction or use of or access to space
on, over, or under real property acquired, or
improved under the Federal-aid Program.
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AGREEMENT
EXHIBIT "A"
8. That this assurance obligates the RECIPIENT for the
period during which Federal financial assistance is extended
to the program, except where the Federal financial assistance
is to provide, or is in the form of, personal property, or
real property or interest therein or structures or
improvements thereon, in which case the assurance obligates
the RECIPIENT or any transferee for the longer of the
following periods:
(a)
the period during which the property is used for a
purpose for which the Federal financial assistance
is extended, or for another purpose involving the
provision of similar services or benefits; or
(b) · the period during~which the RECIPIENT retains
ownership or possession of the property.
9. The RECIPIENT shall provide for such methods of
administration for the program as are found by the U. S.
Secretary of Transportation, or the official to whom he
delegates specific authority, to give reasonable guarantee
that it, other recipients, subgrantees, contractors,
subcontractors, transferees, successors in interest, and
other participants of'Federal financial assistance under such
program will comply with all requirements imposed by, or
pursuant to, the ACT, the REGULATIONS and this assurance.
10. The RECIPIENT agrees that the United States and the
State of California have a right to seek judicial enforcement
with regard to any matter arising under the ACT, the
REGULATIONS, and this assurance.
THIS ASSURANCE is given in consideration of and for
the purpose of obtaining any and ali Federal grants, loans,
contracts, property, discounts or other Federal financial
assistance extende~.a~_ter.the date hereof to the RECIPIENT by
the California Department of Transportation, acting for the
U. S. Department of Transportation, and is binding on it,
other recipients, subgrantees, contractors, subcontractors,
transferees, successors in interest and other participants in
the Federal-aid Highway Program.
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AGREEMENT
EXHIBIT "A"
APPENDIX A
During the performance of this contract, the contractor,
for itself, its assignees and successors in interest
(hereinafter referred to as the CONTRACTOR) agrees as
follows:
(1) Compliance with Requlations: The CONTRACTOR shall
comply with the regulations relative to nondiscrimination in
Federally-assisted programs of the Department of
Transportation, Title 49, Code of Federal Regulations, Part
21, as they may be amended from time to time, (hereinafter
referred to as the REGULATIONS, which are herein
incorporated by reference and made a part of this contract.
(2) Nondiscrimination: The CONTRACTOR, with regard to
the work performed by it during the contract,..shall not
discriminate on the grounds of race, color,"or national
origin in the selection and retention of subcohtractors,
including procurements of materials and leases of equipment.
The CONTRACTOR shall not participate either directly or
indirectly in the discrimination prohibited by Section 21.5
of the REGULATIONS, including employment practices when the
contract covers a program set forth in Appendix B of the
REGULATIONS.
(3) Solicitations for Subcontracts, Includinq
~rocurements of Materials and Equipment: In all
solicitations either by competitive bidding or negotiation
made by the CONTRACTOR for work to be performed under a
subcontract, including procurements of materials or leases of
equipment, each potential subcontractor or supplier shall be
notified by the CONTRACTOR of the contractor's obligations
under this contract and the REGULATIONS relative to
nondiscrimination on the grounds of race,, color,' or national
origin.
(4) Information and Reports: The CONTRACTOR shall
provide all information and reports required by the
REGULATIONS, or directives issued pursuant thereto, and
shall permit access to its books, records, accounts, other
sources of information, and its facilities as may be
determined by the State highway department or the Federal
Highway Administration to be pertinent to ascertain
compliance with such REGULATIONS or directives. Where any
information required of a contractor is in the exclusive
possession of another who fails or refuses to furnish this
information, the CONTRACTOR shall so certify to the State
highway department, or the Federal Highway Administration as
appropriate, and shall set forth what efforts it has made to
obtain the information.
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EXHIBIT "A"
(5) SaDctions for NoncomDlianGe: In the event of the.
CONTRACTORS's noncompliance with the nondiscrimination
provisions of this contract, the State highway department
shall impose such contract sanctions as it or the Federal
Highway Administration may determine to be appropriate,
including, but not limited to:
(a)
withholding cf payments to the CONTRACTOR under
contract until the CONTRACTOR cc~plies; and/or
(b) cancellation, termination or suspension of the
contract, in whole or in part.
(6) Incorporation of Provisions: The CONTRACTOR
shall include the provisions of paragraphs (l).._through (6) in
every subcontract, including-procurements of materials and
leases of equipment, unless exempt by the REGULATIONS, or
directives, issued pursuant thereto. The CONTRACTOR shall
take such action with respect to any subcontract or
procurement as the State highway department or the Federal
Highway Administration may direct as a means of enforcing
such provisions including sanctions for noncompliance:
Provided, however, that, in the event a contractor becomes
involved in, or is threatened with, litigations with a
subcontractor or supplier as a result of such direction, the
CONTRACTOR may request the State highway department to enter
into such litigations to protect the interests of the State,
and, in addition, the CONTRACTOR may request the United
States, to enter into such litigation to protect the
interests of the United States.
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AGREEMENT
EXHIBIT "A"
APPENDIX B
The following clauses shall be included in any and all
deeds effecting or recording the transfer of real property,
structures or improvements thereon, or interest therein from
the United States.
(GRANTING CLAUSE)
NOW, THEREFORE, the Department of Transportation, as
authorized by law, and upon the condition that the RECIPIENT
will accept title to the lands and maintain the project
constructed thereon, in accordance with Title 23, United
States Code, the Regulations for the Administration of
Federal Aid for Highways and the policies and procedures
prescribed by the Federal Highway Administration of the
Department of Transportation and, also in accordance with and
in compliance with the Regulations pertaining ~o and
effectuating the provisions of Title VI of the Civil Rights
Act of 1964 (78 Stat. 252; 42 U.S.C. 2000d to 2000d-4), does
hereby remise, release, quitclaim and convey unto the
RECIPIENT all the right, title and interest of the Depart-
ment of Transportation in and to said lands described in
Exhibit "A" attached hereto and made a part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto
the RECIPIENT and its successors forever, subject, however,
to the covenant, conditions, restrictions and reservations
herein contained as follows, which will remain in effect for
the period during which the real property or structures are
Used for a purpose for which Federal financial assistance is
extended or for another purpose involving the provision of
similar services or benefits and shall be binding on the
RECIPIENT, its successors and assigns.
The RECIPIENT, in consideration of the conveyance of
said lands and interests in lands, does hereby covenant and
agree as a covenant running with the land for itself, its
successors and assigns, that
no person shall on the grounds of race, color, or
national origin, be excluded from participation in,
be denied the benefits of, or be otherwise subjected
to discrimination with regard to any facility
located wholly or in part on, over, or under such
lands hereby conveyed (,) (and)*
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(2)
(3)
AGREEMENT
EXHIBIT "A"
that the RECIPIENT shall use the lands and interests
in lands so conveyed, in compliance with all
requirements imposed by or pursuant to Title 49,
Code of Federal Regulations, Department of
Transportation, Subtitle A, Office of the Secretary,
Part 21, Nondiscrimination in Federally-assisted
programs of the Department of Transportation -
Effectuation of Title VI of the Civil Rights Act of
1964, and as said Regulations may be amended (,) and
that in the event of breach of any of the above-
mentioned nondiscrimination conditions, the Department
of Transportation shall have a right to reenter 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
Department of Transportation and its assigns as such
interest existed prior to this deed.*
*Reverter clause and related language to be used only when it
is determined that such a clause is necessary in order to
effectuate the purposes of Title VI of the Civil Rights Act
of 1964.
AGREEMENT
EXHIBIT
The following clauses shall be included in any and all
deeds, licenses, leases, permits, or similar instruments
entered into by the RECIPIENT, pursuant to the provisions of
Assurance 7(a).
The (grantee, licensee, lessee, permittee, etc., as
appropriate) for himself, his heirs, personal represen-
tatives, successors in interest, and assigns, as a
part of the consideration hereof, does hereby covenant and
agree (in the case of deeds and leases add "as covenant
running with the land") that in the event facilities are
constructed, maintained, or otherwise operated on the said
property described in this (deed, license, lease, permit,
etc.) for a purpose for which a Department o~ Transportation
program or activity is. extended or for another' purpose
involving the provision of similar services or benefits, the
(grantee, licensee, lessee, permittee, etc.), shall maintain
and operate such facilities and services in compliance with
all other requirements imposed pursuant to Title 49, Code of
Federal Regulations, Department of Transportation, Subtitle
A, Office of Secretary, Part 21, Nondiscrimination in
Federally-assisted programs of the Department of
Transportation - Effectuation of Title VI of the civil Rights
Act of 1964, and as said Regulations may be amended.
(Include in licenses, leases, permits, etc.)*
That in the event of breach of any of the above
nondiscrimination covenants, the RECIPIENT shall have the
right to terminate the (license, lease, permit, etc.) and to
reenter and repossess said land and the facilities thereon,
and hold the same as if said (license, .lease, per~.it~ etc.).
had been made or issued.
(Include in deeds)*
That in the' event of breach of any of the above
nondiscrimination covenants, the RECIPIENT shall have the
right to reenter said land and facilities thereon, and the
above described lands and facilities shall thereupon revert
to and vest in and become the absolute property of the
RECIPIENT and its assigns.
*Reverter clause and related language to be used only when it
is determined that such a clause is necessary in order to
effectuate the purposea of Title VI of the Civil Rights Act
'of 1964.
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AGREEMENT
EXHIBIT "A"
The following shall be included in all deeds, licenses,
leases, permits, or similar agreements entered into by the
RECIPIENT, pursuant to the provisions of Assurance 7 (b).
The (grantee, licensee, lessee, permittee, etc., as
appropriate) for himself, his personal representatives,
successors in interest and assigns, as a part of the
consideration hereof, does hereby covenant and agree (in the
case of deeds, and leases add "as a covenant running with the
land") that:
(1) no person on the ground of race, color, sex, or
national origin shall be excluded from participation in,
denied the benefits of, or otherwise subjected to
discrimination in the use of said facilities, .....
(2) that in the construction of any improvements on,
over, or under such land and the furnishing of services,
thereon, no person on the ground of race, color, sex, or
national origin shall be excluded from participation in,
denied the benefits of, or otherwise be subjected to
discrimination,
(3) that the (grantee, licensee, lessee, permittee,
etc.,) shall use the premises in compliance with the
Regulations.
(Include in licenses, leases, permits, etc.)*
That in the event of breach of any of the above
nondiscrimination covenants, the RECIPIENT shall have the
right to terminate the (license, lease, permit, etc.) and to
reenter and repossess said land and. the facilities thereon,
and hold the same as if said (license, lease, permit, etc.)
had been made or issued.
(Include in deeds) *
That in the event of breach of any of the above
nondiscrimination covenants, the RECIPIENT shall have the
right to reenter said land and facilities thereon, and the
above described lands and facilities shall thereupon ~evert
to and vest in and become the absolute property of the
RECIPIENT and its assigns.
*Reverter clause and related language to be used only when it
is determined that such a clause is necessary in order to
effectuate the purposes of Title VI of the Civil Rights Act
of 1964.
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-PROGRAM SUPPLEMENT NO. 001
to
LOCAL AGENCY-STATE AGREEMENT
FOR FEDERAL-AID PROJECTS NO. 11-5446
Date: October 11, 1989
Location: Ii-SD -0-ENTS
Project Number: MG-S339(002)
E.A. Number: 11-955350
CRP-L089 (108)
This Program Supplement is hereby incorporated into the Local Agency-State
Agreement for Federal Aid which was entered into between the Local Agency and
the State on / / and is subject to all the terms and conditions thereof.
This Program Supplement is adopted in accordance with Paragraph 2 of Article
II of the aforementioned Master Agreement under authority of Resolution No.
, approved by the Local Agency on (See copy attached).
The Local Agency further stipulates that as a condition to payment of funds
obligated to this project, it accepts and will comply with the covenants or
remarks setforth on the following pages.
PROJECT TERMINI:
MANCHESTER AVE. AND EL CAMINO REAL
TYPE OF WORK: INSTALL TRAF. SIGNALS & SAFETY LIGHTING LENGT~: 0.1 (MILES)
PROJECT CLASSIFICATION OR PHASE(S).OF WORK
[X] Preliminary Engineering [ ] Right-of-Way [ ]
[X] Construction Engineering [X] Construction
Estimated CostI Federal Funds I Matching Funds
Local OTHER OTHER
85,225 $ 0 $ 0
W37 $ 85,225
$ 0
CITY OF ENCINITAS
STATE OF CALIFORNIA
Department of Transportation
Date
Attest
Title
By By
DEPUTY DISTRICT DIRECTOR,
SPECIAL FUNDED PROJECTS
Date
! hereby Certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting 0 f f ice~/~/~d~/~~ Date /0-'('~'~ $
ChapterI Statutes { !tm I ~'(.../rogram Iscl Fund Source
85225.00
AMOUNT
93 1989 2660-101-890 89-90 20.30.010.200 ¢ 229020 892-F
85225. O0
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ii-SD -0-ENTS
MG-S339(002)
DATE:October 11, 1989
PAGE: 2
SPECIAL COVENANTS. OR REMARKS
Ail maintenance, involving the physical condition and the
operation of the improvements, referred to in Article VI
MAINTENANCE of the aforementioned Master Agreement will be
performed by the Local Agency at regular intervals or as
required for efficient operation of the completed
improvements.
The Local Agency will advertise, award, and administer this
project and will obtain the State's concurrence prior to
either award or rejection of the contract.
The Local Agency agrees the payment of Federal funds will be
limited to the amounts approved by the Federal Highway
Administration in the Federal-Aid Project Agreement (PR-2)/Detail
Estimate, or its modification (PR-2A) or the FNM-76, and accepts
any increases in Local Agency Funds as shown on the Finance or
Bid Letter or'its modif~cation~as prepared by the Division of
Local Streets and Roads.
In executing this Program Supplemental Agreement, Local
Agency hereby reaffirms the 'Nondiscrimination Assurances'
contained in the aforementioned Master Agreement for
Federal-Aid Program.
Whenever the local agency uses Federal or State Funds to pay a
consultant on a cost plus basis, the local agency is required to
submit a post audit report covering the allowability of cost
payments for each individual consultant or sub-contractor incur-
ring over $25,000 on the project. The audit report must state the
applicable cost principles utilized by the auditor in determining
allowable costs as referenced in CFR 48, part 31, Contract Cost
Principles.
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