HomeMy WebLinkAboutCO 2026-021 - Caltrans08 City of Rancho Cucamonga
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District Administering Agency
Agreement No. 08-5420F15
This AGREEMENT, is entered into effective this _______ day of ____________, 20 , by
and between City of Rancho Cucamonga, 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 Congress of the United States has enacted the Intermodal Surface
Transportation Efficiency Act (ISTEA) of 1991 and subsequent Transportation
Authorization Bills to fund transportation programs; and
2. WHEREAS, the Legislature of the State of California has enacted legislation by which
certain federal-aid funds may be made available for use on local transportation related
projects of public entities qualified to act as recipients of these federal-aid funds in
accordance with the intent of federal law; and
3. WHEREAS, before federal funds will be made available for a specific program
project, ADMINISTERING AGENCY and STATE are required to enter into an agreement
to establish terms and conditions applicable to the ADMINISTERING AGENCY when
receiving federal funds for a designated PROJECT facility and to the subsequent
operation and maintenance of that completed facility.
NOW, THEREFORE, the PARTIES agree as follows:
MASTER AGREEMENT
ADMINISTERING AGENCY-STATE AGREEMENT
FEDERAL-AID PROJECTS
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City of Rancho Cucamonga
CONTRACT NUMBER
2026-021
26Aprilth17
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 "Authorization/Agreement Summary", herein
referred to as "E-76" document, is approved by STATE and the Federal Highway
Administration (FHWA).
2. The term "PROJECT", as used herein, means that authorized transportation related
project and related activities financed in part with federal-aid funds as more fully-
described in an "Authorization/ Agreement Summary" or "Amendment/Modification
Summary", herein referred to as "E-76" or "E-76 (AMOD)" document authorized by
STATE and the Federal Highway Administration (FHWA).
3. The E-76/E-76 (AMOD) shall designate the party responsible for implementing
PROJECT, type of work and location of PROJECT.
4. The PROGRAM SUPPLEMENT sets out special covenants as a condition for the
ADMINISTERING AGENCY to receive federal-aid funds from/through STATE for
designated PROJECT. The PROGRAM SUPPLEMENT shall also show these federal 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 of 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.
5. ADMINISTERING AGENCY agrees to execute and return each project-specific
PROGRAM SUPPLEMENT within ninety (90) days of receipt. The PARTIES agree that
STATE may suspend future authorizations/obligations and invoice payments for any
on-going or future federal-aid project performed by ADMINISTERING AGENCY if any
project-specific PROGRAM SUPPLEMENT is not returned within that ninety (90) day
period unless otherwise agreed by STATE in writing.
6. ADMINISTERING AGENCY further agrees, as a condition to the release and payment
of federal funds encumbered for the PROJECT described in each PROGRAM
SUPPLEMENT, to comply with the terms and conditions of this AGREEMENT and all of
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.
7. Federal, state and matching funds will not participate in PROJECT work performed in
advance of the approval of the E-76 or E-76 (AMOD), unless otherwise stated in the
executed project- specific PROGRAM SUPPLEMENT. ADMINISTERING AGENCY agrees
that it will only proceed with the work authorized for that specific phase(s) on the
project-specific E-76 or E-76 (AMOD). ADMINISTERING AGENCY further agrees to not
proceed with future phases of PROJECT prior to receiving an E-76 (AMOD) from STATE
for that phase(s) unless no further federal funds are needed or for those future
phase(s).
8. That PROJECT or portions thereof, must be included in a federally approved Federal
Statewide Transportation Improvement Program (FSTIP) prior to ADMINISTERING
AGENCY submitting the "Request for Authorization".
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9. ADMINISTERING AGENCY shall conform to all state statutes, regulations and
procedures (including those set forth in the Local Assistance Procedures Manual and
the Local Assistance Program Guidelines, hereafter collectively referred to as "LOCAL
ASSISTANCE PROCEDURES") relating to the federal-aid program, all Title 23 Code of
Federal Regulation (CFR) and 2 CFR part 200 federal requirements, and all applicable
federal laws, regulations, and policy and procedural or instructional memoranda,
unless otherwise specifically waived as designated in the executed project-specific
PROGRAM SUPPLEMENT.
10. If PROJECT is not on STATE-owned right of way, PROJECT shall be constructed in
accordance with LOCAL ASSISTANCE PROCEDURES that describes minimum statewide
design standards for local agency streets and roads. LOCAL ASSISTANCE PROCEDURES
for projects off the National Highway System (NHS) allow STATE to accept either the
STATE''s minimum statewide design 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.
11. 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 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.
12. When PROJECT is not on the State Highway System but includes work to be
performed by a railroad, the contract for such work shall be prepared by
ADMINISTERING AGENCY or by STATE, as the PARTIES may hereafter agree. In either
event, ADMINISTERING AGENCY shall enter into an agreement with the railroad
providing for future maintenance of protective devices or other facilities installed
under the contract.
13. If PROJECT is using STATE funds, the Department of General Services, Division of
the State Architect, or its designee, shall review the contract PS''&''E for the
construction of buildings, structures, sidewalks, curbs and related facilities for
accessibility and usability. ADMINISTERING AGENCY shall not award a PROJECT
construction contract for these types of improvements until the State Architect has
issued written approval stating that the PROJECT plans and specifications comply with
the provisions of sections 4450 and 4454 of the California Government Code, if
applicable. Further requirements and guidance are provided in Title 24 of the
California Code of Regulations.
14. ADMINISTERING AGENCY will advertise, award and administer PROJECT in
accordance with the current LOCAL ASSISTANCE PROCEDURES unless otherwise stated
in the executed project-specific PROGRAM SUPPLEMENT.
15. ADMINISTERING AGENCY shall provide or arrange for adequate supervision and
inspection of each PROJECT. While consultants may perform supervision and
inspection work for PROJECT with a fully qualified and licensed engineer,
ADMINISTERING AGENCY shall provide a full-time employee to be in responsible
charge of each PROJECT who is not a consultant.
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16. ADMINISTERING AGENCY shall submit PROJECT-specific contract award documents
to STATE''s District Local Assistance Engineer within sixty (60) days after contract
award. A copy of the award documents shall also be included with the submittal of the
first invoice for a construction contract by ADMINISTERING AGENCY.
17. ADMINISTERING AGENCY shall submit the final report documents that collectively
constitute a "Report of Expenditures" within one hundred eighty (180) days of
PROJECT completion. Failure by ADMINISTERING AGENCY to submit a "Report of
Expenditures" within one hundred eighty (180) days of project completion will result in
STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the
current LOCAL ASSISTANCE PROCEDURES.
18. ADMINISTERING AGENCY shall comply with: (i) section 504 of the Rehabilitation Act
of 1973 which prohibits discrimination on the basis of disability in federally assisted
programs; (ii) the Americans with Disabilities Act (ADA) of 1990 which prohibits
discrimination on the basis of disability irrespective of funding; and (iii) all applicable
regulations and guidelines issued pursuant to both the Rehabilitation Act and the ADA.
19. 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 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 (Exhibit A attached
hereto) and the NONDISCRIMINATION ASSURANCES (Exhibit B attached hereto).
ADMINISTERING AGENCY further agrees that any agreement entered into by
ADMINISTERING AGENCY with a third party for performance of PROJECT-related work
shall incorporate Exhibits A and B (with third party''s name replacing ADMINISTERING
AGENCY) as essential parts of such agreement to be enforced by that third party as
verified by ADMINISTERING AGENCY.
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ARTICLE II - RIGHTS OF WAY
1. No contract for the construction of a federal-aid 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. 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, including, but not
limited to, being clear as certified or if said right of way is found to contain hazardous
materials requiring treatment or removal to remediate in accordance with Federal and
State laws. The furnishing of right of way as provided for herein includes, in addition to
all real property required for the PROJECT, title free and clear of obstructions and
encumbrances affecting PROJECT and the payment, as required by applicable law, of
relocation costs and damages to remainder real property not actually taken but
injuriously affected by PROJECT. ADMINISTERING AGENCY shall pay, from its own non-
matching funds, any costs which arise out of delays to the construction of PROJECT
because utility facilities have not been timely removed or relocated, or because rights
of way were not available to ADMINISTERING AGENCY for the orderly prosecution of
PROJECT work.
3. Subject to STATE approval and such supervision as is required by LOCAL
ASSISTANCE PROCEDURES over ADMINISTERING AGENCY''s right of way acquisition
procedures, ADMINISTERING AGENCY may claim reimbursement from federal funds for
expenditures incurred in purchasing only the necessary rights of way needed for the
PROJECT after crediting PROJECT with the fair market value of any excess property
retained and not disposed of by ADMINISTERING AGENCY.
4. When real property rights are to be acquired by ADMINISTERING AGENCY for a
PROJECT, said ADMINISTERING AGENCY must carry out that acquisition in compliance
with all applicable State and Federal laws and regulations, in accordance with State
procedures as published in State''s current LOCAL ASSISTANCE PROCEDURES and
STATE''s Right-of-Way Manual, subject to STATE oversight to ensure that the
completed work is acceptable under the Federal Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970, as amended.
5. Whether or not federal-aid is to be requested for right of way, should
ADMINISTERING AGENCY, in acquiring right of way for PROJECT, displace an individual,
family, business, farm operation, or non-profit organization, relocation payments and
services will be provided as set forth in 49 CFR, Part 24. The public will be adequately
informed of the relocation payments and services which will be available, and, to the
greatest extent practicable, no person lawfully occupying real property shall be
required to move from his/her dwelling or to move his/her business or farm operation
without at least ninety (90) days written notice from ADMINISTERING AGENCY.
ADMINISTERING AGENCY will provide STATE with specific assurances, on each portion
of the PROJECT, that no person will be displaced until comparable decent, safe and
sanitary replacement housing is available within a reasonable period of time prior to
displacement, and that ADMINISTERING AGENCY''s relocation program is realistic and
adequate to provide orderly, timely and efficient relocation of PROJECT-displaced
persons as provided in 49 CFR, Part 24.
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6. ADMINISTERING AGENCY shall, along with recording the deed or instrument
evidencing title in the name of the ADMINISTERING AGENCY or their assignee, also
record an Agreement Declaring Restrictive Covenants (ADRC) as a separate document
incorporating the assurances included within Exhibits A and B and Appendices A, B, C
and D of this AGREEMENT, as appropriate.
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ARTICLE III - MAINTENANCE AND MANAGEMENT
1. ADMINISTERING 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 federal-aid
construction contract or upon contractor being relieved of the responsibility for
maintaining and protecting PROJECT, ADMINISTERING 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 FHWA 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 AGENCY will be responsible for all PROJECT operations,
maintenance, ownership and liability in a manner satisfactory to the authorized
representatives of STATE and FHWA. If, within ninety (90) 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 federal-aid projects of
ADMINISTERING AGENCY will be withheld until the PROJECT shall have been put in a
condition of operation and maintenance satisfactory to STATE and FHWA. 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.
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ARTICLE IV - FISCAL PROVISIONS
1. All contractual obligations of STATE are subject to the appropriation of resources by
the Legislature and the allocation of resources by the California Transportation
Commission (CTC).
2. STATE''S financial commitment of federal funds will occur only upon the execution
of this AGREEMENT, the authorization of the project-specific E-76 or E-76 (AMOD), the
execution of each project-specific PROGRAM SUPPLEMENT, and STATE''s approved
finance letter.
3. ADMINISTERING AGENCY may submit signed invoices in arrears for reimbursement
of participating PROJECT costs on a regular basis once the project-specific PROGRAM
SUPPLEMENT has been executed by STATE.
4. ADMINISTERING AGENCY agrees, at a minimum, to submit invoices at least once
every six (6) months commencing after the 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
authorizations/obligations, and invoice payments for any on-going or future federal-aid
project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by
ADMINISTERING AGENCY for a six (6) month period.
5. Invoices shall be submitted on ADMINISTERING AGENCY letterhead that includes the
address of ADMINISTERING AGENCY and shall be formatted in accordance with LOCAL
ASSISTANCE PROCEDURES.
6. ADMINISTERING AGENCY must have at least one copy of supporting backup
documentation for 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.
7. Payments to ADMINISTERING AGENCY can only be released by STATE as
reimbursement of actual allowable PROJECT costs already incurred and paid for by
ADMINISTERING AGENCY.
8. 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 STATE (Caltrans Audits ''&'' Investigations) for review and approval prior to
ADMINISTERING AGENCY seeking reimbursement of indirect costs incurred within each
fiscal year being claimed for State and federal reimbursement. ICAPs/ICRPs must be
prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5
of the Local Assistance Procedural Manual, and the ICAP/ICRP approval procedures
established by STATE.
9. Once PROJECT has been awarded, STATE reserves the right to de-obligate any
excess federal funds from the construction phase of PROJECT if the contract award
amount is less than the obligated amount, as shown on the PROJECT E-76 or E-76
(AMOD).
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10. STATE will withhold the greater of either two (2) percent of the total of all federal
funds encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING
AGENCY submits the Final Report of Expenditures for each completed PROGRAM
SUPPLEMENT PROJECT.
11. The estimated total cost of PROJECT, the amount of federal funds obligated, and
the required matching funds may be adjusted by mutual consent of the PARTIES
hereto with a finance letter, a detailed estimate, if required, and approved E-76
(AMOD). Federal-aid funding may be increased to cover PROJECT cost increases only if
such funds are available and FHWA concurs with that increase.
12. When additional federal-aid funds are not available, ADMINISTERING AGENCY
agrees that the payment of federal funds will be limited to the amounts authorized on
the PROJECT specific E-76 / E-76 (AMOD) and agrees that any increases in PROJECT
costs must be defrayed with ADMINISTERING AGENCY''s own funds.
13. ADMINISTERING AGENCY shall use its own non-federal funds to finance the local
share of eligible costs and all expenditures or contract items ruled ineligible for
financing with federal funds. STATE shall make the determination of ADMINISTERING
AGENCY''s cost eligibility for federal fund financing of PROJECT costs.
14. ADMINISTERING AGENCY will reimburse STATE for STATE''s share of costs for work
performed by STATE at the request of ADMINISTERING AGENCY. STATE''s costs shall
include overhead assessments in accordance with section 8755.1 of the State
Administrative Manual.
15. Federal and state funds allocated from the State Transportation Improvement
Program (STIP) are subject to the timely use of funds provisions enacted by Senate Bill
45, approved in 1997, and subsequent STIP Guidelines and State procedures approved
by the CTC and STATE.
16. Federal funds encumbered for PROJECT are available for liquidation for a period of
six (6) years from the beginning of the State fiscal year the funds were appropriated in
the State Budget. State funds encumbered for PROJECT are available for liquidation
only for six (6) years from the beginning of the State fiscal year the funds were
appropriated in the State Budget. Federal or 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 (per
Government Code section 16304). The exact date of fund reversion will be reflected in
the STATE signed finance letter for PROJECT.
17. 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 rank and file STATE employees under current State
Department of Personnel Administration (DPA) rules. If the rates invoiced by
ADMINISTERING AGENCY are in excess of DPA 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 within
thirty (30) days of such invoice.
18. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform
Administrative Requirements, Cost Principles and Audit Requirement for Federal
Awards.
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19. ADMINISTERING AGENCY agrees, and will ensure 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.
20. Every sub-recipient receiving PROJECT funds under this AGREEMENT shall comply
with 2 CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures,
Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381
(non-A''&''E services), and other applicable STATE and FEDERAL regulations.
21. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or
credit that are determined by subsequent audit to be unallowable under 2 CFR, Part
200, 23 CFR, 48 CFR, Chapter 1, Part 31, and other applicable STATE and FEDERAL
regulations, are subject to repayment by ADMINISTERING AGENCY to STATE.
22. Should ADMINISTERING AGENCY fail to refund any moneys due upon written
demand by STATE as provided hereunder or should ADMINISTERING AGENCY breach
this AGREEMENT by failing to complete PROJECT without adequate justification and
approval by STATE, then, within thirty 30 days of demand, or within such other period
as may be agreed to in writing between the PARTIES, STATE, acting through the State
Controller, the State Treasurer, or any other public entity or agency, may withhold or
demand a transfer of an amount equal to the amount paid by or owed to STATE 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 withhold approval
of future ADMINISTERING AGENCY federal-aid projects.
23. Should ADMINISTERING AGENCY be declared to be in breach of this AGREEMENT or
otherwise in default thereof by STATE, and if ADMINISTERING AGENCY is constituted as
a joint powers authority, special district, or any other public entity not directly
receiving funds through the State Controller, STATE is authorized to obtain
reimbursement from whatever sources of funding are available, including the
withholding or transfer of funds, pursuant to Article IV - 22, from those constituent
entities comprising a joint powers authority or by bringing of an action against
ADMINISTERING AGENCY or its constituent member entities, to recover all funds
provided by STATE hereunder.
24. ADMINISTERING AGENCY acknowledges that the signatory party represents the
ADMINISTERING 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.
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ARTICLE V
AUDITS, THIRD PARTY CONTRACTING, RECORDS RETENTION AND REPORTS
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 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, PROGRAM SUPPLEMENT and contract materials
available at their respective offices at all reasonable times during the entire PROJECT
period and for three (3) years from the date of submission of the final expenditure
report by the STATE to the FHWA.
4. ADMINISTERING AGENCY is required to have an audit in accordance with the Single
Audit Act of 2 CFR 200 if it expends $750,000 or more in Federal Funds in a single
fiscal year. The Federal Funds received under a PROGRAM SUPPLEMENT are a part of
the Catalogue of Federal Domestic Assistance (CFDA) 20.205.
5. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS adopting
the terms of this AGREEMENT in the schedule of projects to be examined in
ADMINISTERING AGENCY's annual audit and in the schedule of projects to be
examined under its single audit prepared in accordance with 2 CFR, Part 200.
6. ADMINISTERING AGENCY shall not award a non-A'&'E contract over $5,000,
construction contract over $10,000, or other contracts over $25,000 (excluding
professional service contracts of the type which are required to be procured in
accordance with Government Code sections 4525 (d), (e) and (f)) on the basis of a
noncompetitive negotiation for work to be performed under this AGREEMENT without
the prior written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if
intended as local match credit, must meet the requirements set forth in this
AGREEMENT regarding local match funds.
7. Any subcontract entered into by ADMINISTERING AGENCY as a result of this
AGREEMENT shall contain provisions 5, 6, 17, 19 and 20 of ARTICLE IV, FISCAL
PROVISIONS, and provisions 1, 2, and 3 of this ARTICLE V, AUDITS, THIRD-PARTY
CONTRACTING RECORDS RETENTION AND REPORTS.
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8. To be eligible for local match credit, ADMINISTERING AGENCY must ensure that local
match funds used for a PROJECT meet the fiscal provisions requirements outlined in
ARTICLE IV in the same manner as required of all other PROJECT expenditures.
9. In addition to the above, the pre-award requirements of third-party
contractor/consultants with ADMINISTERING AGENCY should be consistent with the
LOCAL ASSISTANCE PROCEDURES.
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ARTICLE VI - FEDERAL LOBBYING ACTIVITIES CERTIFICATION
1. By execution of this AGREEMENT, ADMINISTERING AGENCY certifies, to the best of
the signatory officer's knowledge and belief, that:
A. No federal or state appropriated funds have been paid or will be paid, by or on
behalf of ADMINISTERING AGENCY, to any person for influencing or attempting to
influence an officer or employee of any STATE or federal agency, a member of the
State Legislature or United States Congress, an officer or employee of the Legislature
or Congress, or any employee of a Member of the Legislature or Congress in
connection with the awarding of any STATE or federal contract, including this
AGREEMENT, the making of any STATE or federal loan, the entering into of any
cooperative contract, and the extension, continuation, renewal, amendment, or
modification of any STATE or federal contract, grant, loan, or cooperative contract.
B. If any funds other than federal appropriated funds have been paid, or will be paid,
to any person for influencing or attempting to influence an officer or employee of any
federal agency, a member of Congress, an officer or employee of Congress or an
employee of a member of Congress in connection with this AGREEMENT, grant, local,
or cooperative contract, ADMINISTERING AGENCY shall complete and submit Standard
Form-LLL, "Disclosure Form to Rep Lobbying," in accordance with the form
instructions.
C. This certification is a material representation of fact upon which reliance was placed
when this AGREEMENT and each PROGRAM SUPPLEMENT was or will be made or
entered into. Submission of this certification is a prerequisite for making or entering
into this AGREEMENT imposed by Section 1352, Title 31, United States Code. Any
party who fails to file the required certification shall be subject to a civil penalty of not
less than $10,000 and not more than $100,000 for each such failure.
2. ADMINISTERING AGENCY also agrees by signing this AGREEMENT that the language
of this certification will be included in all lower tier sub-agreements which exceed
$100,000 and that all such sub-recipients shall certify and disclose accordingly.
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ARTICLE VII - MISCELLANEOUS PROVISIONS
1. ADMINISTERING AGENCY agrees to use all state funds reimbursed hereunder only
for transportation purposes that are in conformance with Article XIX of the California
State Constitution and the relevant Federal Regulations.
2. 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 in any manner.
3. ADMINISTERING AGENCY and the officers and employees of ADMINISTERING
AGENCY, when engaged in the performance of this AGREEMENT, shall act in an
independent capacity and not as officers, employees or agents of STATE or the federal
government.
4. Each project-specific E-76 or E-76 (AMOD), PROGRAM SUPPLEMENT and Finance
Letter shall separately establish the terms and funding limits for each described
PROJECT funded under the AGREEMENT. No federal or state funds are obligated
against this AGREEMENT.
5. ADMINISTERING AGENCY certifies that neither ADMINISTERING AGENCY nor its
principals are suspended or debarred at the time of the execution of this AGREEMENT.
ADMINISTERING AGENCY agrees that it will notify STATE immediately in the event a
suspension or a debarment occurs after the execution of this AGREEMENT.
6. ADMINISTERING AGENCY warrants, by execution of this AGREEMENT, that no person
or selling agency has been employed or retained to solicit or secure this AGREEMENT
upon an agreement or understanding for a commission, percentage, brokerage, or
contingent fee, excepting bona fide employees or bona fide established commercial or
selling agencies maintained by ADMINISTERING AGENCY for the purpose of securing
business. For breach or violation of this warranty, STATE has the right to annul this
AGREEMENT without liability, pay only for the value of the work actually performed, or
in STATE's discretion, to deduct from the price of consideration, or otherwise recover,
the full amount of such commission, percentage, brokerage, or contingent fee.
7. In accordance with Public Contract Code section 10296, ADMINISTERING AGENCY
hereby certifies under penalty of perjury that no more than one final unappealable
finding of contempt of court by a federal court has been issued against
ADMINISTERING AGENCY within the immediate preceding two (2) 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.
8. ADMINISTERING AGENCY shall disclose any financial, business, or other relationship
with STATE, FHWA or Federal Transit Administration (FTA) 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.
9. 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 PROJECT
under this AGREEMENT.
10. ADMINISTERING AGENCY warrants that this AGREEMENT was not obtained or
secured through rebates, kickbacks or other unlawful consideration either promised or
14 ofPage 26
paid to any STATE employee. For breach or violation of this warranty, STATE shall have
the right, in its discretion, to terminate this AGREEMENT without liability, to pay only
for the work actually performed, or to deduct from the PROGRAM SUPPLEMENT price
or otherwise recover the full amount of such rebate, kickback, or other unlawful
consideration.
11. Any dispute concerning a question of fact arising under this AGREEMENT that is
not disposed of by agreement shall be decided by the STATE's Contract Officer who
may consider any written or verbal evidence submitted by ADMINISTERING AGENCY.
The decision of the Contract Officer, issued in writing, shall be conclusive and binding
on the PARTIES on all questions of fact considered and determined by the Contract
Officer.
12. Neither the pending of a dispute nor its consideration by the Contract Officer will
excuse ADMINISTERING AGENCY from full and timely performance in accordance with
the terms of this AGREEMENT.
13. 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.
14. Neither STATE nor any officer or employee thereof shall be 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 arising under this AGREEMENT. It is understood and agreed that
ADMINISTERING AGENCY shall fully defend, indemnify and save harmless STATE 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 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. STATE reserves the right to terminate funding for any PROJECT upon written notice
to ADMINISTERING AGENCY in the event that ADMINISTERING AGENCY fails to proceed
with PROJECT work in accordance with the project-specific PROGRAM SUPPLEMENT,
the bonding requirements if applicable, or otherwise violates the conditions of this
AGREEMENT and/or PROGRAM SUPPLEMENT, or the funding allocation such that
substantial performance is significantly endangered.
16. No termination shall become effective if, within thirty (30) days after receipt of a
Notice of Termination, ADMINISTERING AGENCY either cures the default involved or, if
not reasonably susceptible of cure within said thirty (30) day period, ADMINISTERING
AGENCY proceeds thereafter to complete the cure in a manner and time line
acceptable to STATE. 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 (30) days after receipt, specifying the reason for the
termination, the extent to which funding of work under this AGREEMENT 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,
15 ofPage 26
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, 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 PROJECT completion to STATE shall first
be deducted from any sum due ADMINISTERING AGENCY.
17. In case of inconsistency or conflicts with the terms of this AGREEMENT and that of
a project- specific PROGRAM SUPPLEMENT, the terms stated in that PROGRAM
SUPPLEMENT shall prevail over those in this AGREEMENT.
18. Without the written consent of STATE, this AGREEMENT is not assignable by
ADMINISTERING AGENCY either in whole or in part.
19. 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.
City of Rancho Cucamonga
City of Rancho Cucamonga
IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly
authorized officer.
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
________________________________
________________________________Chief, Office of Project Management
Oversight
Division of Local Assistance
Representative Name & Title
(Authorized Governing Body
Representative)
By______________________________By______________________________
Date______________________________Date______________________________
________________________________
16 ofPage 26
Jason C. Welday, P.E.
Director of Engineering Services/City Engineer
April 7, 202604/17/2026
Raimund Yambao
For:
EXHIBIT A
FAIR EMPLOYMENT PRACTICES ADDENDUM
1. In the performance of this Agreement, ADMINISTERING AGENCY will not discriminate
against any employee for employment because of race, color, sex, sexual orientation,
religion, ancestry or national origin, physical disability, medical condition, marital
status, political affiliation, family and medical care leave, pregnancy leave, or disability
leave. ADMINISTERING AGENCY will take affirmative action to ensure that employees
are treated during employment without regard to their race, sex, sexual orientation,
color, religion, ancestry, or national origin, physical disability, medical condition,
marital status, political affiliation, family and medical care leave, pregnancy leave, or
disability leave. 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 (Government Code Section
1290-0 et seq.), and the applicable regulations promulgated thereunder (California
Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the
Fair Employment and Housing Commission implementing Government Code, Section
12900(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 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 and had
issued an order under Labor Code Section 1426 which has become final or has
obtained an injunction under Labor Code Section 1429.
(b) For willful violation of this Fair Employment Provision, STATE shall have the right to
terminate this Agreement either in whole or in part, and any loss or damage sustained
by STATE in securing the goods or services thereunder shall be borne and paid for by
17 ofPage 26
ADMINISTERING AGENCY and by the surety under the performance bond, if any, and
STATE may deduct from any moneys due or thereafter may become due to
ADMINISTERING AGENCY, the difference between the price named in the Agreement
and the actual cost thereof to STATE to cure ADMINISTERING AGENCY''s breach of this
Agreement.
18 ofPage 26
EXHIBIT B
NONDISCRIMINATION ASSURANCES
ADMINISTERING AGENCY HEREBY AGREES THAT, as a condition to receiving any
federal financial assistance from the STATE, acting for the U.S. Department of
Transportation, it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252,
42 U.S.C. 2000d-42 U.S.C.
2000d-4 (hereinafter referred to as the ACT), and all requirements imposed by or
pursuant to Title 49, Code of Federal Regulations, Department of Transportation,
Subtitle A, Office of the Secretary, Part 21, "Nondiscrimination in Federally-Assisted
Programs of the Department of Transportation - Effectuation of Title VI of the Civil
Rights Act of 1964" (hereinafter referred to as the REGULATIONS), the Federal-aid
Highway Act of 1973, and other pertinent directives, to the end that in accordance
with the ACT, REGULATIONS, and other pertinent directives, no person in the United
States shall, on the grounds of race, color, sex, national origin, religion, age or
disability, be excluded from participation in, be denied the benefits of, or be otherwise
subjected to discrimination under any program or activity for which ADMINISTERING
AGENCY receives federal financial assistance from the Federal Department of
Transportation. ADMINISTERING AGENCY HEREBY GIVES ASSURANCE THAT
ADMINISTERING AGENCY will promptly take any measures necessary to effectuate this
agreement. This assurance is required by subsection 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 each "facility" as
defined in subsections 21.23 (e) and 21.23 (b) of the REGULATIONS, will be (with
regard to a "program") conducted, or will be (with regard to a "facility") operated in
compliance with all requirements imposed by, or pursuant to, the REGULATIONS.
2. That ADMINISTERING AGENCY shall insert the following notification in all
solicitations for bids for work or material subject to the REGULATIONS made in
connection with the federal-aid Program and, in adapted form, in all proposals for
negotiated agreements:
ADMINISTERING AGENCY hereby notifies all bidders that it will affirmatively ensure
that in any agreement entered into pursuant to this advertisement, disadvantaged
business enterprises will be afforded full opportunity to submit bids in response to this
invitation and will not be discriminated against on the grounds of race, color, sex,
national origin, religion, age, or disability in consideration for an award.
3. That ADMINISTERING AGENCY shall insert the clauses of Appendix A of this
assurance in every agreement subject to the ACT and the REGULATIONS.
4. That the clauses of Appendix B of this Assurance shall be included as a covenant
running with the land, in any deed effecting a transfer of real property, structures, or
improvements thereon, or interest therein.
5. That where ADMINISTERING AGENCY receives federal financial assistance to
construct a facility, or part of a facility, the Assurance shall extend to the entire facility
and facilities operated in connection therewith.
19 ofPage 26
6. That where ADMINISTERING AGENCY receives federal financial assistance in the
form, or for the acquisition, of real property or an interest in real property, the
Assurance shall extend to rights to space on, over, or under such property.
7. That ADMINISTERING AGENCY shall include the appropriate clauses set forth in
Appendix C and D of this Assurance, as a covenant running with the land, in any future
deeds, leases, permits, licenses, and similar agreements entered into by the
ADMINISTERING AGENCY with other parties:
Appendix C;
(a) for the subsequent transfer of real property acquired or improved under the
federal-aid Program ; and
Appendix D;
(b) for the construction or use of or access to space on, over, or under real property
acquired, or improved under the federal-aid Program.
8. That this assurance obligates ADMINISTERING AGENCY for the period during which
federal financial assistance is extended to the program, except where the federal
financial assistance is to provide, or is in the form of, personal property or real
property or interest therein, or structures, or improvements thereon, in which case the
assurance obligates ADMINISTERING AGENCY or any transferee for the longer of the
following periods:
(a) the period during which the property is used for a purpose for which the federal
financial assistance is extended, or for another purpose involving the provision of
similar services or benefits; or
(b) the period during which ADMINISTERING AGENCY retains ownership or possession
of the property.
9. That ADMINISTERING AGENCY shall provide for such methods of administration for
the program as are found by the U.S. Secretary of Transportation, or the official to
whom he delegates specific authority, to give reasonable guarantee that
ADMINISTERING AGENCY, other recipients, sub-grantees, applicants, sub-applicants,
transferees, successors in interest, and other participants of federal financial
assistance under such program will comply with all requirements imposed by, or
pursuant to, the ACT, the REGULATIONS, this Assurance and the Agreement.
10. That ADMINISTERING AGENCY agrees that the United States and the State of
California have a right to seek judicial enforcement with regard to any matter arising
under the ACT, the REGULATIONS, and this Assurance.
11. ADMINISTERING AGENCY shall not discriminate on the basis of race, religion, age,
disability, color, national origin or sex in the award and performance of any STATE
assisted contract or in the administration on its DBE Program or the requirements of
49 CFR Part 26. ADMINISTERING AGENCY shall take all necessary and reasonable steps
under 49 CFR Part 26 to ensure non-discrimination in the award and administration of
STATE assisted contracts. ADMINISTERING AGENCY''S DBE Implementation Agreement
is incorporated by reference in this AGREEMENT. Implementation of this program is a
legal obligation and failure to carry out its terms shall be treated as a violation of this
agreement. Upon notification to the recipient of its failure to carry out its approved
20 ofPage 26
DBE Implementation Agreement, STATE may impose sanctions as provided for under
49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under
18 USC 1001 and/or the Program Fraud Civil Remedies Act of 1985 (31USC 3801 et
seq.)
THESE ASSURANCES are given in consideration of and for the purpose of obtaining any
and all federal grants, loans, agreements, property, discounts or other federal financial
assistance extended after the date hereof to ADMINISTERING AGENCY by STATE,
acting for the U.S. Department of Transportation, and is binding on ADMINISTERING
AGENCY, other recipients, subgrantees, applicants, sub-applicants, transferees,
successors in interest and other participants in the federal-aid Highway Program.
21 ofPage 26
APPENDIX A TO EXHIBIT B
During the performance of this Agreement, ADMINISTERING AGENCY, for itself, its
assignees and successors in interest (hereinafter collectively referred to as
ADMINISTERING AGENCY) agrees as follows:
(1) Compliance with Regulations: ADMINISTERING AGENCY shall comply with the
regulations relative to nondiscrimination in federally assisted programs of the
Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they
may be amended from time to time, (hereinafter referred to as the REGULATIONS),
which are herein incorporated by reference and made a part of this agreement.
(2) Nondiscrimination: ADMINISTERING AGENCY, with regard to the work performed by
it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex,
national origin, religion, age, or disability in the selection and retention of sub-
applicants, including procurements of materials and leases of equipment.
ADMINISTERING AGENCY shall not participate either directly or indirectly in the
discrimination prohibited by Section 21.5 of the REGULATIONS, including employment
practices when the agreement covers a program set forth in Appendix B of the
REGULATIONS.
(3) Solicitations for Sub-agreements, Including Procurements of Materials and
Equipment: In all solicitations either by competitive bidding or negotiation made by
ADMINISTERING AGENCY for work to be performed under a Sub-agreement, including
procurements of materials or leases of equipment, each potential sub-applicant or
supplier shall be notified by ADMINISTERING AGENCY of the ADMINISTERING
AGENCY''s obligations under this Agreement and the REGULATIONS relative to
nondiscrimination on the grounds of race, color, or national origin.
(4) Information and Reports: ADMINISTERING AGENCY shall provide all information and
reports required by the REGULATIONS, or directives issued pursuant thereto, and shall
permit access to ADMINISTERING AGENCY''s books, records, accounts, other sources of
information, and its facilities as may be determined by STATE or FHWA to be pertinent
to ascertain compliance with such REGULATIONS or directives. Where any information
required of ADMINISTERING AGENCY is in the exclusive possession of another who fails
or refuses to furnish this information, ADMINISTERING AGENCY shall so certify to
STATE or the FHWA as appropriate, and shall set forth what efforts ADMINISTERING
AGENCY has made to obtain the information.
(5) Sanctions for Noncompliance: In the event of ADMINISTERING AGENCY''s
noncompliance with the nondiscrimination provisions of this agreement, STATE shall
impose such agreement sanctions as it or the FHWA may determine to be appropriate,
including, but not limited to:
(a) withholding of payments to ADMINISTERING AGENCY under the Agreement within a
reasonable period of time, not to exceed 90 days; and/or
(b) cancellation, termination or suspension of the Agreement, in whole or in part.
(6) Incorporation of Provisions: ADMINISTERING AGENCY shall include the provisions of
paragraphs (1) through (6) in every sub-agreement, including procurements of
materials and leases of equipment, unless exempt by the REGULATIONS, or directives
issued pursuant thereto. ADMINISTERING AGENCY shall take such action with respect
to any sub-agreement or procurement as STATE or FHWA may direct as a means of
22 ofPage 26
enforcing such provisions including sanctions for noncompliance, provided, however,
that, in the event ADMINISTERING AGENCY becomes involved in, or is threatened with,
litigation with a sub-applicant or supplier as a result of such direction, ADMINISTERING
AGENCY may request STATE enter into such litigation to protect the interests of
STATE, and, in addition, ADMINISTERING AGENCY may request the United States to
enter into such litigation to protect the interests of the United States.
23 ofPage 26
APPENDIX B TO EXHIBIT B
The following clauses shall be included in any and all deeds effecting or recording the
transfer of PROJECT real property, structures or improvements thereon, or interest
therein from the United States.
(GRANTING CLAUSE)
NOW, THEREFORE, the U.S. Department of Transportation, as authorized by law, and
upon the condition that ADMINISTERING AGENCY will accept title to the lands and
maintain the project constructed thereon, in accordance with Title 23, United States
Code, the Regulations for the Administration of federal-aid for Highways and the
policies and procedures prescribed by the Federal Highway Administration of the
Department of Transportation and, also in accordance with and in compliance with the
Regulations pertaining to and effectuating the provisions of Title VI of the Civil Rights
Act of 1964 (78 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 part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto ADMINISTERING AGENCY
and its successors forever, subject, however, to the covenant, conditions, restrictions
and reservations herein contained as follows, which will remain in effect for the period
during which the real property or structures are used for a purpose for which federal
financial assistance is extended or for another purpose involving the provision of
similar services or benefits and shall be binding on ADMINISTERING AGENCY, its
successors and assigns.
ADMINISTERING AGENCY, in consideration of the conveyance of said lands and
interests in lands, does hereby covenant and agree as a covenant running with the
land for itself, its successors and assigns,
(1) that no person shall on the grounds of race, color, sex, national origin, religion, age
or disability, be excluded from participation in, be denied the benefits of, or be
otherwise subjected to discrimination with regard to any facility located wholly or in
part on, over, or under such lands hereby conveyed (;) (and) *
(2) that ADMINISTERING AGENCY shall use the lands and interests in lands so
conveyed, in compliance with all requirements imposed by or pursuant to Title 49,
Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the
Secretary, Part 21, Non-discrimination in federally-assisted programs of the
Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964,
and as said Regulations may be amended (;) and
(3) that in the event of breach of any of the above-mentioned nondiscrimination
conditions, the U.S. Department of Transportation shall have a right to re-enter said
lands and facilities on said land, and the above-described land and facilities shall
thereon revert to and vest in and become the absolute property of the U.S.
Department of Transportation and its assigns as such interest existed prior to this
deed.*
* Reverter clause and related language to be used only when it is determined that
such a clause is necessary in order to effectuate the purposes of Title VI of the Civil
Rights Act of 1964.
24 ofPage 26
APPENDIX C TO EXHIBIT B
The following clauses shall be included in any and all deeds, licenses, leases, permits,
or similar instruments entered into by ADMINISTERING AGENCY, pursuant to the
provisions of Assurance 7(a) of Exhibit B.
The grantee (licensee, lessee, permittee, etc., as appropriate) for himself, his heirs,
personal representatives, successors in interest, and assigns, as a part of the
consideration hereof, does hereby covenant and agree (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 U.S. Department of
Transportation program or activity is extended or for another purpose involving the
provision of similar services or benefits, the (grantee, licensee, lessee, permittee,
etc.), shall maintain and operate such facilities and services in compliance with all
other requirements imposed pursuant to Title 49, Code of Federal Regulations, U.S.
Department of Transportation, Subtitle A, Office of Secretary, Part 21,
Nondiscrimination in federally-assisted programs of the Department of Transportation
- Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be
amended.
(Include in licenses, leases, permits, etc.)*
That in the event of breach of any of the above nondiscrimination covenants,
ADMINISTERING AGENCY shall have the right to terminate the (license, lease, permit
etc.) and to re-enter and repossess said land and the facilities thereon, and hold the
same as if said (license, lease, permit, etc.) had never been made or issued.
(Include in deeds)*
That in the event of breach of any of the above nondiscrimination covenants,
ADMINISTERING AGENCY shall have the right to re-enter said land and facilities
thereon, and the above- described lands and facilities shall thereupon revert to and
vest in and become the absolute property of ADMINISTERING AGENCY and its assigns.
* Reverter clause and related language to be used only when it is determined that
such a clause is necessary in order to effectuate the purposes of Title VI of the Civil
Rights Act of 1964.
25 ofPage 26
APPENDIX D TO EXHIBIT B
The following shall be included in all deeds, licenses, leases, permits, or similar
agreements entered into by the ADMINISTERING AGENCY, pursuant to the provisions
of Assurance 7 (b) of Exhibit B.
The grantee (licensee, lessee, permittee, etc., as appropriate) for himself, his personal
representatives, successors in interest and assigns, as a part of the consideration
hereof, does hereby covenant and agree (in the case of deeds, and leases add "as a
covenant running with the land") that:
(1) no person on the ground of race, color, sex, national origin, religion, age or
disability, shall be excluded from participation in, denied the benefits of, or otherwise
subjected to discrimination in the use of said facilities;
(2) that in the construction of any improvements on, over, or under such land and the
furnishing of services thereon, no person on the ground of race, color, sex, national
origin, religion, age or disability shall be excluded from participation in, denied the
benefits of, or otherwise be subjected to discrimination; and
(3) that the (grantee, licensee, lessee, permittee, etc.,) shall use the premises in
compliance with the Regulations.
(Include in licenses, leases, permits, etc.)*
That in the event of breach of any of the above nondiscrimination covenants,
ADMINISTERING AGENCY shall have the right to terminate the (license, lease, permit,
etc.) and to re-enter and repossess said land and the facilities thereon, and hold the
same as if said (license, lease, permit, etc.) had never been made or issued.
(Include in deeds)*
That in the event of breach of any of the above nondiscrimination covenants,
ADMINISTERING AGENCY shall have the right to re-enter said land and facilities
thereon, and the above- described lands and facilities shall thereupon revert to and
vest in and become the absolute property of ADMINISTERING AGENCY, and its assigns.
__________________________________________
* Reverter clause and related language to be used only when it is determined that
such a clause is necessary in order to effectuate the purposes of Title VI of the Civil
Rights Act of 1964..
26 ofPage 26
08-5420F15_City of Rancho Cucamonga
unsigned1
Final Audit Report 2026-04-17
Created:2026-04-09
By:Alberta Snowden (s140573@dot.ca.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAA9yoVch2PRNospQBH8UbEWu5akjB5WVR
"08-5420F15_City of Rancho Cucamonga unsigned1" History
Document created by Alberta Snowden (s140573@dot.ca.gov)
2026-04-09 - 5:57:23 PM GMT- IP address: 149.136.17.247
Document emailed to Raimund Yambao (raimund.yambao@dot.ca.gov) for signature
2026-04-09 - 6:39:34 PM GMT
Email viewed by Raimund Yambao (raimund.yambao@dot.ca.gov)
2026-04-09 - 7:38:40 PM GMT- IP address: 54.159.96.80
Email viewed by Raimund Yambao (raimund.yambao@dot.ca.gov)
2026-04-16 - 7:22:50 PM GMT- IP address: 54.172.148.255
Document e-signed by Raimund Yambao (raimund.yambao@dot.ca.gov)
Signature Date: 2026-04-17 - 8:11:28 PM GMT - Time Source: server- IP address: 149.136.17.251
Agreement completed.
2026-04-17 - 8:11:28 PM GMT