HomeMy Public PortalAboutAgreement_2011-07-01_Department of Transportation_Local Agency - State Agreement Bicycle Transportation Acct Project_Agreement No BTA 1112-07-LA-05RECEIVED
FEB 2 12012
LOCAL AGENCY - STATE AGREEMENT TEMPLE CITY
For CITY MANAGER'S OFFICE
BICYCLE TRANSPORTATION ACCOUNT PROJECT
07 City of Temple City Agreement No. BTA 1112 -07 -LA -05
District Local Agency
THIS AGREEMENT, made in triplicate entered into effect as of this 1st day of July
2411, by and between the political entity identified above, a political subdivision 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" and together referred to as "PARTIES" or individually as a "PARTY".
WITNESSETH:
WHEREAS, under the provisions of Streets and Highways Code Section 2106 (b) and
Sections 890 through 894.2, as implemented by regulations in Title 21, Division 2,
Chapter 10, of the California Code of Regulations, Bicycle Transportation Account funds
(herein referred to as STATE FUNDS) have been allocated to LOCAL AGENCY for the
Bicycle Transportation Account project defined in "EXHIBIT A" attached hereto and
hereafter referred to as "PROJECT"; and
Whereas, before STATE FUNDS will be made available for PROJECT, LOCAL
AGENCY and STATE are required to enter into an agreement to establish terms and
conditions applicable to the LOCAL AGENCY when receiving STATE FUNDS for a
designated PROJECT facility and to the subsequent operation and maintenance of that
completed facility.
NOW THEREFORE, the PARTIES agree as follows:
ARTICLE I - Project Administration
1. This AGREEMENT shall have no force or effect with respect to PROJECT unless
and until it has been fully executed by both STATE and LOCAL AGENCY,
2. EXHIBIT A designates the party responsible for implementing PROJECT, type of
work, and location of PROJECT.
3. LOCAL AGENCY agrees to execute and return AGREEMENT within ninety
(90) days of receipt. The PARTIES agree that STATE may void AGREEMENT if not
returned within the ninety (90) day period unless otherwise agreed by STATE in writing.
4. LOCAL AGENCY further agrees, as a condition to the release and payment of
STATE FUNDS encumbered for the PROJECT described in EXHIBIT A, to comply
with the terms and conditions of this AGREEMENT.
HTAI 112 -07 -LA -05
S. STATE FUNDS will not participate in any portion of PROJECT work performed
in advance of the effective date of the executed AGREEMENT.
6. Projects allocated with STATE FUNDS from the Bicycle Transportation Account
(BTA) will be administered in accordance with the current Bicycle Transportation
Account (BTA) Guidelines, as adopted or amended, and in accordance with Chapter 21,
"Bicycle Transportation Account (BTA)" of the Local Assistance Program Guidelines
(LAPG) published by STATE.
7. LOCAL AGENCY shall provide or arrange for adequate supervision and
inspection of PROJECT. While consultants may perform supervision and inspection
work for PROJECT with a fully qualified and licensed engineer, LOCAL AGENCY shall
provide a full-time employee to be in responsible charge of PROJECT.
8. LOCAL AGENCY shall advertise, award, and administer the PROJECT
construction contract or contracts.
9. The cost of maintenance, security, or protection performed by LOCAL AGENCY
or contractor forces during any temporary suspension of PROJECT or at any other time
may not be charged to the PROJECT.
10. LOCAL AGENCY shall design and construct PROJECT in accordance with
Chapter 1000, Bikeway Planning and Design of the Highway Design Manual that
describes minimum statewide design standards for bikeways and roads where bicycle
travel is permitted and the California Manual on Uniform Traffic Control Devices that
describes the uniform standards and specifications for all official traffic control devices.
11. LOCAL AGENCY shall comply with the Americans with Disabilities Act (ADA)
of 1990 that prohibits discrimination on the basis of disability and all applicable
regulations and guidelines issued pursuant to the ADA.
12. The Governor and the Legislature of the State of California, each within their
respective jurisdictions, have prescribed certain nondiscrimination requirements with
respect to contract and other work financed with public funds. LOCAL AGENCY agrees
to comply with the requirements of the FAIR EMPLOYMENT PRACTICES
ADDENDUM attached hereto as Exhibit B and further agrees that any agreement entered
into by LOCAL AGENCY with a third party for performance of work connected with
PROJECT shall incorporate Exhibit B (with third party's name replacing LOCAL
AGENCY) as parts of such agreement.
13. LOCAL AGENCY shall include in all subcontracts awarded when applicable, a
clause that requires each subcontractor to comply with California Labor Code
requirement that all workers employed on public works aspects of any project (as defined
in California Labor Code § 1720-1815) be paid not less than the general prevailing wage
rates predetermined by the Department of Industrial Relations as effective at the date of
contract award by the LOCAL AGENCY.
BTA 1112 -07 -LA -05 2
ARTICLE II - Rights of Way
1. No contract for the construction of PROJECT shall be awarded until all necessary
rights of way have been secured. Prior to the advertising for construction of PROJECT,
LOCAL AGENCY shall certify and, upon request, shall furnish STATE with evidence
that all necessary rights of way are available for construction purposes or will be
available by the time of award of the construction contract.
2. The furnishing of right of way by LOCAL AGENCY as provided for herein
includes, and is limited to, the following:
a) Expenditures to purchase all real property required for PROJECT free and clear
of liens, conflicting easements, obstructions and encumbrances, after crediting
PROJECT with the fair market value of any excess property retained and not
disposed of by LOCAL AGENCY.
b) The cost of furnishing of right of way as provided for herein includes, in
addition to real property required for the PROJECT, title free and clear of
obstructions and encumbrances affecting PROJECT and the payment, as required
by applicable law, of damages to owners or remainder real property not actually
taken but injuriously affected by PROJECT.
c) The cost of relocation payments and services provided to owners and occupants
pursuant to Government Code Sections 7260-7277 when PROJECT displaces an
individual, family, business, farm operation or nonprofit organization.
d) The cost of demolition and/or the sale of all improvements on the right of way
after credit are recorded for sale proceeds used to offset PROJECT costs.
e) The cost of unavoidable utility relocation, protection, or removal.
f) The cost of all necessary hazardous material and hazardous waste treatment,
encapsulation or removal and protective storage for which LOCAL AGENCY
accepts responsibility and where the actual generator cannot be identified and
recovery made.
3. LOCAL AGENCY agrees to indemnify and hold STATE harmless from any
liability that may result in the event the right of way for 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. LOCAL 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
LOCAL AGENCY for the orderly prosecution of PROJECT work.
BTAi 112.07 -LA -05 3
4. If PROJECT is not on STATE -owned right of way, PROJECT shall be designed
and constructed in accordance with Chapter 1000, Bikeway Planning and Design of the
Highway Design Manual that describes minimum statewide design standards for
bikeways and roads where bicycle travel is permitted and the California Manual on
Uniform Traffic Control Devices that describes the uniform standards and specifications
for all official traffic control devices.
5. 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, Highway Design
Manual, and California Manual on Uniform Traffic Control Devices and where
appropriate, an executed cooperative agreement between STATE and LOCAL AGENCY
that outlines the PROJECT responsibilities and respective obligations of the PARTIES.
LOCAL AGENCY and its contractors shall each obtain an encroachment permit through
STATE prior to commencing any work within STATE right of way or work which
affects STATE facilities.
ARTICLE III - Engineering
1. LOCAL AGENCY eligible costs for preliminary engineering work includes all
preliminary work directly related to PROJECT up to contract award for construction,
including, but not limited to, preliminary surveys and reports, laboratory work, soil
investigations, the preparation of plans, specifications and estimates (PS&E), advertising
for bids, awarding of a contract and project development contract administration.
2. LOCAL AGENCY eligible costs for construction engineering includes actual
inspection and supervision of PROJECT construction work; construction staking;
laboratory and field testing; and the preparation and processing of field reports, records,
estimates, final reports, and allowable expenses of employees/consultants engaged in
such activities.
3. Preliminary and construction engineering costs included in the estimate contained
in Exhibit A are eligible project costs. STATE reimbursement to LOCAL AGENCY will
be on the basis of the actual cost thereof to LOCAL AGENCY including compensation
and expense of personnel working on PROJECT, required materials, and automotive
expense provided, however, LOCAL AGENCY shall contribute its general
administrative and overhead expense.
4. LOCAL AGENCY employees or its subcontractor engineering consultant shall be
responsible for all PROJECT engineering work.
5. LOCAL AGENCY shall not proceed with final design of PROJECT until final
environmental approval of PROJECT. Final design entails the design work necessary to
complete the PS&E and other work necessary for a construction contract but not required
earlier for environmental clearance of that PROJECT.
BTA 1 112 -07 -LA -0S 4
6. LOCAL AGENCY shall certify compliance or documentation of Categorical
Exemption determination with the applicable provisions of the California Environmental
Quality Act (CEQA) as defined in Title 14, California Code of Regulations, Chapter 3,
Guidelines for Implementation of the California Environmental Quality Act.
ARTICLE IV - Maintenance and Management
1. LOCAL 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, LOCAL 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 LOCAL AGENCY acceptance of the completed construction contract, or
upon the contractor(s) being relieved of the responsibility for maintaining and protecting
PROJECT, LOCAL AGENCY will be responsible for the maintenance, ownership,
liability, and expense thereof for PROJECT in a manner satisfactory to the authorized
representative of STATE, and if PROJECT falls within the jurisdictional limits of another
Agency or Agencies, it is the duty of LOCAL 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, LOCAL AGENCY will be responsible for all PROJECT
operations, maintenance, ownership and liability in a manner satisfactory to the
authorized representative of the STATE.
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
LOCAL AGENCY, another unit of government, or contractor under agreement with
LOCAL AGENCY. All maintenance will be performed at regular intervals or as required
for efficient operation of the completed PROJECT improvements.
ARTICLE V - Fiscal Provisions
1. STATE'S financial commitment of STATE FUNDS will occur only upon the
execution of this AGREEMENT.
2. STATE shall have the right to terminate this AGREEMENT if a contract for
construction of PROJECT has not been awarded by LOCAL AGENCY within the first
fiscal year in which STATE FUNDS are allocated.
3. STATE shall have the right to terminate this AGREEMENT if PROJECT costs
have not been invoiced by LOCAL AGENCY within the first fiscal year in which
STATE FUNDS are allocated, and as a minimum, to submit invoices at least once
every six (6) months thereafter.
BTA 1112 -07 -LA -05 5
4. LOCAL AGENCY may submit signed invoices in arrears for reimbursement of
allowable PROJECT costs on a monthly or quarterly progress basis once the
AGREEMENT has been executed by STATE.
5. LOCAL AGENCY agrees to submit a status report within thirty (30) days upon
STATE'S request for the report. The PARTIES agree that STATE may void
AGREEMENT if the status report is not returned within the thirty (30) day period unless
otherwise agreed by STATE in writing.
6. LOCAL AGENCY agrees to complete PROJECT and submit a final invoice
by April 1, 2017. STATE shall pay to LOCAL AGENCY the STATE FUNDS share of
the actual cost of the PROJECT prior to June 30, 2017, the expiration date of STATE
FUNDS included in this PROJECT.
7. Invoices shall be submitted on LOCAL AGENCY letterhead that includes the
address of LOCAL AGENCY and shall be formatted in accordance with the current
Bicycle Transportation Account (BTA) Guidelines, as adopted or amended, and in
accordance with Chapter 21, "Bicycle Transportation Account (BTA)" of the Local
Assistance Program Guidelines (LAPG) published by STATE.
8. Invoices must have at least one copy of supporting backup documentation for
allowable costs incurred and claimed for reimbursement by LOCAL AGENCY. All costs
charged to this AGREEMENT by LOCAL AGENCY shall be costs allowable under the
California Bicycle Transportation Act. Acceptable backup documentation includes, but
is not limited to, agency's progress payment to the contractors, copies of canceled checks
showing amounts made payable to vendors and contractors, and/or a computerized
summary of PROJECT costs.
9. Payments to LOCAL AGENCY can only be released by STATE as
reimbursements of actual allowable PROJECT costs already incurred and paid for by
LOCAL AGENCY.
10. State will withhold ten (10) percent of the total of all STATE FUNDS for each
progress invoice until LOCAL AGENCY submits the final invoice.
11. The estimated total cost of PROJECT, the amount of STATE FUNDS obligated,
the required matching funds, and the ratio of STATE FUNDS to LOCAL AGENCY
funds may not be adjusted to cover PROJECT cost increases. LOCAL AGENCY agrees
that any increases in PROJECT cost must be defrayed with LOCAL AGENCY'S own
funds.
12. LOCAL AGENCY shall use its own non -STATE FUNDS to finance the local
share of eligible costs and all PROJECT expenditures or contract items ruled ineligible
for financing with STATE FUNDS. STATE shall make a final determination of LOCAL
AGENCY cost eligibility for STATE FUNDED financing with respect to claimed
PROJECT costs.
BTA 1112 -07 -LA -05 6
13. STATE FUNDS encumbered for PROJECT are available for liquidation
only for six (6) years from the beginning of the State Fiscal Year in which the funds
were appropriated in the State Budget. STATE FUNDS not Iiquidated within this
period will be reverted unless a Cooperative Work Agreement (CWA) is submitted by
LOCAL AGENCY and approved by the California Department of Finance in accordance
with Government Code Section 16304.
14. The estimated costs of PROJECT are shown in EXHIBIT A. LOCAL AGENCY
may, at its option, award contracts for amounts in excess of said estimates, and final
project expenditures may exceed said estimates if sufficient local funds are available to
finance the excess. It is understood that the allocation of STATE FUNDS shall not
exceed that shown in EXHIBIT A.
15. In the event LOCAL AGENCY'S final costs of PROJECT are less than said
estimate by reason of low bid or otherwise, the allocation of STATE FUNDS will be
decreased in relationship to the percent funded by STATE as shown in EXHIBIT A.
16. Exhibit C defined as the "Certification of State Funding" template, shall be made
a part of, and completed by STATE, prior to execution of this agreement.
17. Upon written demand by STATE, any overpayment to LOCAL AGENCY of
amounts invoiced to STATE shall be returned to STATE.
ARTICLE VI - Audits, Third Party Contracting, Records Retention and Reports
1. STATE reserves the right to conduct technical and financial audits of PROJECT
work and records when determined to be necessary or appropriate and LOCAL
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 VI.
2. LOCAL AGENCY, its contractors and subcontractors shall establish and maintain
an accounting system and records that properly accumulate and segregate incurred
PROJECT costs and matching funds by line item for the PROJECT. The accounting
system of LOCAL 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. For the purpose of determining compliance with Title 21, California Code of
Regulations, Chapter 21, section 2500 et seq., when applicable, and other matters
connected with the performance and costs of LOCAL AGENCY'S contracts with third
parties pursuant to Government Code Section 8546.7, LOCAL AGENCY, LOCAL
AGENCY'S contractors and subcontractors, and STATE shall each maintain and make
available for inspection and audit all books, documents, papers, accounting records, and
other evidence pertaining to the performance of such contracts, including, but not limited
BTA 1112 -07 -LA -05 7
to, the costs of administering those various contracts. All of the above -referenced parties
shall make such AGREEMENT materials available at their respective offices at all
reasonable times during the entire PROJECT period and for three (3) years from the date
of final payment to LOCAL AGENCY. STATE, the California State Auditor, or any duly
authorized representative of STATE or the United States, shall each have access to any
books, records, and documents that are pertinent to a PROJECT for audits, examinations,
excerpts, and transactions and LOCAL AGENCY shall furnish copies thereof if
requested.
4. Any subcontract entered into by LOCAL AGENCY as a result of this
AGREEMENT shall contain all of the provisions of Article V, FISCAL PROVISIONS,
and this ARTICLE VI, AUDITS, THIRD -PARTY CONTRACTING, RECORDS
RETENTION AND REPORTS and shall mandate that travel and per diem
reimbursements and third -party contract reimbursements to subcontractors will be
allowable as PROJECT costs only after those costs are incurred and paid for by the
subcontractors.
5. To be eligible for local match credit, LOCAL AGENCY must ensure that local
match funds used for a PROJECT meet the fiscal provisions requirements outlined in
ARTICLE V in the same manner that is required of all other PROJECT expenditures.
b. In addition to the above, the pre -award requirements of third -party
contractor/consultants with LOCAL AGENCY should be consistent with LOCAL
ASSISTANCE PROCEDURES.
ARTICLE VII - Miscellaneous Provisions
1. LOCAL AGENCY agrees to use all PROJECT funds reimbursed hereunder only
for Bicycle Transportation Account purposes that are in conformance with Streets and
Highways Code Sections 890 through 894.2 and other applicable California laws.
2. LOCAL AGENCY shall conform to all applicable state and federal statutes and
Local Assistance Program Guidelines (LPGL) and Local Assistance Procedures Manual
(LAPM) as published by STATE and incorporated herein, including all subsequent
approved revisions thereto applicable to PROJECT.
3. This AGREEMENT is subject to any additional restrictions, limitations,
conditions, or any statute enacted by the State Legislature that may affect the provisions,
terms, or funding of this AGREEMENT in any manner.
4. Minor changes may be made in the PROJECT as described in Exhibit A upon
notice to STATE. No major change, however, may be made to said PROJECT except
pursuant to an amendment to this agreement duly executed by STATE and LOCAL
AGENCY.
BTA 1 l 12 -07 -LA -05 8
5. LOCAL AGENCY and the officers and employees of LOCAL AGENCY, when
engaged in the performance of this AGREEMENT, shall act in an independent capacity
and not as officers, employees, or agents of STATE.
6. LOCAL AGENCY certifies that neither LOCAL AGENCY nor its principals are
suspended or debarred at the time of the execution of this AGREEMENT, and LOCAL
AGENCY agrees that it will notify STATE immediately in the event a suspension or a
debarment occurs after the execution of this AGREEMENT.
7. LOCAL 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 LOCAL 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 PROJECT work actually
performed, or in STATE'S discretion, to deduct from the price of PROJECT, or
otherwise recover, the full amount of such commission, percentage, brokerage, or
contingent fee.
8. In accordance with Public Contract Code, section 10296, LOCAL AGENCY
hereby certifies under penalty of perjury that no more than one final unacceptable finding
of contempt of court by a federal court has been issued against LOCAL AGENCY within
the immediate preceding two (2) year period because of LOCAL AGENCY'S failure to
comply with an order of a federal court that orders LOCAL AGENCY to comply with an
order of the National Labor Relations Board.
9. LOCAL AGENCY shall disclose any financial, business or other relationship
with STATE that may have an impact upon the outcome of this AGREEMENT. LOCAL
AGENCY shall also list current contractors who may have a financial interest in the
outcome of PROJECT undertaken pursuant to this AGREEMENT.
10. LOCAL AGENCY hereby certifies that it does not now have nor shall it acquire
any financial or business interest that would conflict with the performance of PROJECT
initiated under this AGREEMENT.
11. LOCAL AGENCY warrants that this AGREEMENT was not obtained or secured
through rebates, kickbacks, or other unlawful consideration either promised or paid to
any STATE employee. For breach or violation of this warranty, STATE shall have the
right, in its sole discretion; to terminate this AGREEMENT without liability; to pay only
for PROJECT work actually performed; or to deduct from PROJECT price or otherwise
recover the full amount of such rebate, kickback, or other unlawful consideration.
12. 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 LOCAL AGENCY. The
HTAI 112 -07 -LA -05 9
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.
13. Neither the pending of a dispute nor its consideration by Contract Officer will
excuse the LOCAL AGENCY from full and timely performance in accordance with the
terms of this AGREEMENT.
14. Neither STATE nor any officer or employee thereof is responsible for any injury,
damage or liability occurring by reason of anything done or omitted to be done by
LOCAL AGENCY under, or in connection with any work, authority or jurisdiction of
LOCAL AGENCY arising under this AGREEMENT. It is understood and agreed that
LOCAL AGENCY shall fully defend, indemnify and save harmless STATE and all of its
officers and employees from all claims and suits or actions of every name, kind and
description brought forth under, including but not limited to, tortious, contractual, inverse
condemnation or other theories or assertions of liability occurring by reason of anything
done or omitted to be done by LOCAL AGENCY under this AGREEMENT.
15. Neither LOCAL 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 of
STATE arising under this AGREEMENT. It is understood and agreed that STATE shall
fully defend, indemnify and save harmless the LOCAL AGENCY and all of its officers
and employees from all claims and suits or actions of every name, kind and description
brought forth under, including but not limited to, tortious, contractual, inverse
condemnation or other theories or assertions of liability occurring by reason of anything
done or omitted to be done by STATE under this AGREEMENT.
16. In the event of (a) LOCAL AGENCY failing to timely proceed with effective
PROJECT work in accordance with this AGREEMENT; (b) failing to maintain any
applicable bonding requirements; and (c) otherwise materially violating the terms and
conditions of this AGREEMENT, STATE reserves the right to terminate funding for
PROJECT upon thirty (30) days written notice to LOCAL AGENCY.
17. No termination notice shall become effective if within thirty (30) days after
receipt of a Notice of Termination, LOCAL AGENCY either cures the default involved,
or if the default is not reasonably susceptible of cure within said thirty (30) day period the
LOCAL AGENCY proceeds thereafter to complete that cure in a manner and timeline
acceptable to STATE.
18. Any such termination shall be accomplished by delivery to LOCAL 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, LOCAL AGENCY and STATE shall meet to
attempt to resolve any dispute. If STATE terminates funding for PROJECT with
BTA 1112 -07 -LA -05 10
LOCAL AGENCY for the reasons stated in paragraph sixteen (16) of ARTICLE VI,
STATE shall pay LOCAL AGENCY the sum due LOCAL AGENCY under this
AGREEMENT prior to termination, provided; however, LOCAL AGENCY is not in
default of the terms and conditions of this AGREEMENT and that the cost of any
PROJECT completion to STATE shall first be deducted from any sum due LOCAL
AGENCY.
19. The 'PROJECT" shall be constructed as provided in this AGREEMENT and in
accordance with those laws applicable to LOCAL AGENCY. In the case of
inconsistency or conflicts, the terms of this agreement shall prevail.
20. Without the written consent of STATE, this AGREEMENT is not assignable by
LOCAL AGENCY either in whole or in part.
21. No alteration or variation of the terms of this AGREEMENT shall be valid unless
made in writing and signed by the PARTIES, and no oral understanding or agreement not
incorporated herein shall be binding on any of the PARTIES.
IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly
authorized officers.
STATE OF CALIFORNIA LOCAL AGENCY
Department of Transportation City of Temple City
By -�2
PENNY GRAY,
Bicycle Program Manager
Bicycle Facilities Unit
Division of Local Assistance
Date:
By /�q�
Print LI -V
Name: Jose E. Pulido
Title: City Manager
Date:
HTA3112-07-LA-05 11
[f- 2j -r1
PROJECT DESCRIPTION AND CONS
Local Agency:
Agreement No.
City of Temple Cit
BTA11/]2-07-LA-05
Project Location: Encompasses approximately 3.8 miles of bikeways within a 1.9 mile project
area on Rosemead Blvd. from the North and City limit on CalIita Street to the South City limit of
the UPPR Bridge (Rudall Underpass).
Type of Work:
Construct approximately 3.8 miles of Class II Bikeways within a 1.9 mile project area along the
Rosemead Blvd. Corridor (the bicycle lane becomes class M approaching transit stop
intersections).
Length: 3.8 miles
Funding
Source
Engineering /
Design
Right of Way
Acquisition
Construction
Contract
Total Cost
Percent
BTA
$96,726
$0
$443,000
$539,726
50.24%
Local
$41,454
$0
$493,196
$534,650
49.76%
Other
$0
$0
$0
$p
-
Total
$138,180
$0
$936,196
$1,074,376
1
BTAI 112 -07 -LA -05 12
EXHIBIT B
FAIR EMPLOYMENT AND HOUSING ACT ADDENDUM
1. In the performance of this AGREEMENT, LOCAL AGENCY will not
discriminate against any employee for employment because of race, sex, sexual
orientation, religion, age, ancestry, national origin, pregnancy leave, or disability leave.
LOCAL 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 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.
LOCAL AGENCY shall post in conspicuous places, available to employees for
employment, notices to be provided STATE setting forth the provisions of this Fair
Employment section.
2. LOCAL AGENCY, its contractor(s) and all subcontractors shall comply with the
provisions of the Fair Employment and Housing Act (Gov. Code § 1290-0 et seq.), and
the applicable regulations promulgated thereunder (Cal. Code Regs. Title 2, §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 LOCAL
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. LOCAL AGENCY shall include the nondiscrimination and compliance
provisions of this clause in all contracts and subcontracts to perform work under this
AGREEMENT.
4. The Contractor 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 purposes of investigation to ascertain compliance
with the Fair Employment section of this AGREEMENT.
5. Remedies for Willful Violations:
(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 LOCAL 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 LOCAL AGENCY has violated the Fair
Employment Practices Act and has issued an order under Labor Code, section
HTAI l 12 -07 -LA -05 13
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 hereunder shall
be borne and paid for by LOCAL AGENCY and by the surety under the
performance bond, if any, STATE may deduct from any moneys due or thereafter
may become due to LOCAL AGENCY, the difference between the price named
in the AGREEMENT and the actual cost thereof to STATE to cure LOCAL
AGENCY'S breach of this AGREEMENT.
BTA 1112 -07 -LA -05 14
EXHIBIT C
CERTIFICATION OF STATE FUNDING
BTA 1112 -07 -LA -05, City of Temple City
I hereby certify upon my own knowledge that budgeted funds are available for this encumbrance.
Accounting Officer Date Fundin
Chapter Statues Item Fiscal Year FEC PECT Task Fund
Code BTA Funds
33 2011 2660-101-0045 2011-2012 2030010 660 2200 0045 5443_oon.nn
Unit - 3330 Project M 001200011 l Phase: S
Ercumi �ncr Docuarent ID CT} Char e District Am Cate Am. Unit
50BTA3034200 50 1112 12101