HomeMy WebLinkAbout4.11 Master Agmt Fed/StateCITY CLERK
FILE # 600-50
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: (December 21, 1999)
SUBJECT:
Approval of Master Agreement with Caltrans for Federal-Aid / State
Funding Projects within the City of Dublin.
Report Prepared by: Lee S. Thompson, Public Works Director
ATTACHMENTS:
1 ) Resolution Approving Master Agreement
2) Master Agreement Example
RECOMMENDATION:
1 ) Adopt resolution approving Master Agreement with Caltrans for
Federal-Aid / State Funded Projects within the City of Dublin.
2) Authorize the Director of Public Works To Execute Master
Agreement and any subsequent project related supplemental
agreements / forms.
FINANCIAL STATEMENT:
With the execution of this Master Agreement the City will receive
funds in the amount of $3.2 million through Federal-Aid projects for
this fiscal year. Unknown amounts for future fiscal years.
DESCRIPTION: A procedural step in receiving Federal funding for Federal-Aid
projects is to enter into an agreement (Master Agreement) which outlines the requirements to receive and
monitor funding. The last Master Agreement executed between the City and Caltrans was in September,
1983. Since that time the funding programs have changed and it will be necessary to execute a new:
agreement. City staff is requesting the approval of the attached DRAFT Master Agreement form at this
time so that when the FINAL agreement comes from Caltrans, it will be executed and returned in a
shorten time period. Several of the City's project are on a critical path to assure Federal / State funding for
these projects. The difference between the DRAFT form and the FINAL form is the Caltrans District
Number (04 for the area governed by the City) and Administering Agency (the City) code assigned by
Caltrans, the assignment of an agreement number (also assigned by Caltrans) and the effective date of the
agreel'nent. This will then shorten the time period. for allocation of funding and implementation of each
project for construction. The projects currently affected by this Master Agreement are: Dublin Boulevard
Widening at $2.5 million, Street Resurfacing at $ 0.4 million and Village Parkway Traffic Signals at $0.3
million for the 1999-2000 fiscal year. Caltrans will also require other Supplement Agreements and forms
to be executed as related to the Master Agreement. To expedite current and future projects related to the
Master Agreement, staff is requesting that the Director of Public Works be authorized to execute
Supplemental Agreement and other related documents to the Master Agreement.
Staff recommends approval of the Master Agreement with Caltrans. Staff further recommends that the
Director of Public Works be authorized to execute the Mater Agreement and any Supplemental
Agreements / forms as related to the Master Agreement.
COPIES TO:' Caltrans Local Assistance Program
ITEM NO.
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RESOLUTION NO. - 99
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING (MASTER AGREEMENT) ADMINISTERING AGENCY-STATE AGREEEMENT
FOR FEDERAL / STATE FUNDED PROJECTS WITHIN THE CITY OF DUBLIN
WHEREAS, a procedural step in receiving Federal-Aid funding for projects within the City of
Dublin is to enter into an agreement (Master Agreement); and
WHEREAS, the agreement (Master Agreement) outlines the requirements and monitoring of
Federal-Aid funding; and
V~rHEREAS, the City has to execute said agreement (Master Agreement) to receive Federal
funding for Federal-Aid projects; and
WHEREAS, the City desires that the ageement (Master Agreement) be executed to receive
funding for Federal-Aid projects;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby
approve the agreement (/vlaster Agreement) as to content and form, which is attached hereto as "Exhibit
BE IT FURTHER RESOLVED that the Director of Public Works is authorized to execute the final
a~eement when such data as Caltrans District Number, Administering Agency code, agreement number
and the effective date are provided by Caltrans.
BE IT FURTHER RESOLVED that the 'Director of Public Works is authorized to executed other
Federal-Aid / State Funded agreements / documents / forms related to the Master Agreements.
PASSED, APPROVED AND ADOPTED this 21 st day of December, 1999.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
City Clerk
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NL4~STER AGREEMENT
.ikDMINISTERING AGENCY - STATE AGREEMENT
FOR
STATE FUNDED PROJECTS
Attachment VI
02 rr
District Arlmirti~terilzg Agency.
Agreement
THZS AGREEMENT, made effective this __ day 'of ,199._, is by and betw~n
AGENCY, a city, county, or oth~ public entity, hereina~er referred to as ".4a:)IvlZNISTEKING
AGENCY,"' and the State of California, acting by and through its Department of Transportation,
hereinafker referred to as "STATE."
WITNESSETH
WI-EKEAS, the Le~slature of the State of California has enacted legislation by which
certain State. funds arc made available for use on local transportation facilities and
ADMZINrlSTEREqG AGENCY has applied to the California Transportation Commission (CTC)
and/or STATE for funding from the State Transportation Improvement Program (ST/P) or other
programs as defined in the Local Assistance Program Guidelines for use on those local
transportation facilities as local administered PROJECT(s), hereinafter referred to'as
'~PROJECT'; and
WHEREAS, as provided by STATE policy, said PROJECT will-not receive any federal
funds; and
WHERE.AS, STATE is required to enter into an AGREEMENT with ADMINISTERING
AGENCY to delineate those certain obligations placed upon ADMINISTERING AGENCY
relative to said State funding and the prose~-~ation of said PROJECT by ADMINISTERING
AGENCY.
NOW, THEREFORE, the parties gee as follows:
.tG~TICLE I - PROJECT .t~D/vI2k'N'ISTRATION
1. This AGREEMENT shall have no force or eff~-'t with' respe~ to any programmed
PROJECT unless and until a PROJECT-specific pro_m-am supplement, adopting the terms of this
AGKEEMENT, hereinafter referred to as '~KOGRAM SUPPLEMENT," has been fully executed
by the parties.
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2. The Financial comraitment of State funds will occur only foliowing the execution of this
AGREEMZENT and the subsequent execution of each applicable PROJECT-specific PROGK.~vf
SUPPLEMENT.
3. ADM2ENISTERING AGENCY further agrees, as a condition to the release and pa>~ent
of State funds encumbered to the PROJECT described in the PKOGKAM SUPPLEMENT, to
comply with the terms of this AGREEMEg and all of the ~_--qreed-upon Special Covenants and
Conditions attached to or made a part of the PROGRAM SUPPLEMENT, identifying and
defining the nature of that specific PROJECT.
4. The PROGRAM SUPPLEMZENT shall designate the ,4jDMINISTEKING AGENCY
responsible for implementing the various phases of the PROJECT, the State funding prograra, and
the matching funds to be provided by ,~a2>,MI2NISTERING AGENCY and/or ST,ATE. Adoption
and execution of.the PROGRAM SUPPLEMENT by ADM]ZNISTERING-AGENCY and
STATE, incorporating the terms and conditions of this AGREEMENT into the PROGR_gl
SLrPPLEMENT as thou_~h fully s~ forth therein, shall be suf~cicnt to bind the
ADMINISTERING AGENCY to these terms and conditions when performing the PKOJECT.
Unless otherwise expressly delegazcd in a resolution by the ADMINISTEKING AGENCY'S
governing body and concurred in by STATE, the PROGRAM SUPPLEMENT shall be rn~ged
by the A.DMINISTERtNG AGENCY' S governing body.
5. PROJECT shall be acquired, desi_~m,~at, and con_~zucted as required in the Local
Assisumce Proven-am Guidelines, such other STATE procedures as are identified in the
PROGKAM SUPPLEMENT, and as is specified in this AGEMEN'r.
6. Unless otho, rwisc provided in the PROGRAM SUPPLEMENT, the ADMINISTERING
AGENCY shall advertise, award, and actminister the PROJECT construction contract or
contracts.
7. The estimated cost and scope of PROJECT will be as described in the PROGR.~VI
SUPPLEMENT and State funding pard.'cipation is limited to the 'mounts established by STATE.
A contract for an mount in excess of said approved estimate -may be awarded and expenditures
may exceed said .estimate provided ADMZBNISTEKING AGENCY provides the necessary
additional funding or a PROJECT cost increase in State funding is first requested by
,~2)MINISIERING AGENCY and is approved by STATE in the form of an mended
PROGRAM S'UPPI-EMENT or a STATE approved encumbmce document adding' or deleting
PROJECT funds.
8. Subsequent to-the inclusion of the PROJECT in a plan or program appr0ved by STATE
and the ADMINISTERING AGENCY cmcring into this AGREEMENT and the PROJECT
specific PKOGKAM SLrPPLEMENT, the ADM]2NISTEKB'iG AGENCY may request and
receive payment for eli~ble work as follows:
(a) STATE will reimburse the STATE's share of eti_m'ble participating PROJECT
costs monthly in arrears upon ADMINISTERING AGENCY'S submitud of signed
acc,,~ptable monthly progress pay invoices (in duplicate) for expenditures actually made
by .A.DMINISTEKING AGENCY.
(b) If PROJECT involves work on the STATE hig_hway system, that PROJECT shall
also be the subject of separate standard forms of STATE issued encroachment permits
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issued to .423MI~rISTERLNG AGENCY and any contractors and, where appropriate, an
executed cooperative a_m-eement between STATE and ADMINISTEP,.LNG AGENCY to
determine how PKO/ECT is to be acquired, designed, or constructed and to establish
ownership and future maintenance obligations.
(c) State funds will not participate in any portion of PROJECT work performed in
advance of either the effective date of the executed PKOGRAM SUPPLEMENT for
said PROJECT or the effective date of this AGREEMENT.
9. The total of all ADMINISTEKL'NG AGENCY invoices (submitted monthly or quartofly in
arrears) for reimbursement of participating PROJECT costs, including all ~equired
ADMINISTERING AGENCY matching funds, must not exceed the actual total allowable
PROTECT costs, including, but not limited to, all completed preliminary engineering-work, rig_ht
· of way acquisition, design and construction included within the PROJECT description contained
in the PROGRAM SUPPLEMENT.
10. Invoices shall be submitted on ADMINISTERING AGENCY letterhead and shall
reference this AGREEMENT number, PKOJECT number, and progress b~ll~ng number for the
PROTECT, and shall be formatted and costs reported in accordance with the current version of
Chapter 5, "Accounting/Invoices," of the Local Assistance Procedures Mar~al published by
STATE.
1 I. STATE programmed mounts may be increased to cover PROJECT cost increases only if
such funds are available, STATE concurs with that proposed increase, and STATE exam-ares an
mending PROG~ SUPPLEMENT or a STATE approved encumbrance document
encumbering those funds.
12. When additional State funds are not available, the ADMINISTERING AGENCY agrees
that the paymere of State funds will be limited to the mounts approved in the PROGRAM.
SUPPLEMENT, ~nd agrees' that' any increases in PROJECT costs must be defi-ayed with
A-DM2INISTEREqG AGENCY funds.
13. The legislature of the State of-California and the Governor of the State of C~fomia, each
within their respective jurisdictions, have prescribed cemin employment practices with respect to
contract and other work financed with State funds. ADMINISTER/NG AGENCY shall ensure
that work-perform~ under this AGKEEMENT. is done in conformance with the rules and
re..malatlonS embodying such requirements where they are applicable.
14. Aff)MINISTERING' AGENCY and its subcontractors shall establish and maint_sin an
accounting system ~onforming to Generally Accepted Accounting Principles (GAAP) to support
reimbursement payment vouchers or invoices which segregate and accumulate costs of PROJECT
work elements and produce monthly reports which cl~%rly identify reimbursable costs, matching
costs, and other expenditures by ADMINISTERING AGENCY.
15. A.r~er completion of all work under this AG~, and after all PROJECT costs are
iraown, ADMINISF33NG AGENCY shall contract for a financial andit of PROTECT costs if
those costs are in excess of 5;300,000. This Audit, to be accomplished at the ADMINISTEK]NG.
AGENCY'S expense, may be done on an individual PROJECT basis, or PKOJECT my be
included in the ADMLN'ISTERING AGENCY'S annual Single Audit. If an individual andit of
PROTECT is done, the auditor must prepare a Final .Andit Report. If ADMINISTEK]NG
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AGENCY chooses the Single Andit option, an audit report is required for the State funding share.
This report should be prepared in accordance with the guidelines set forth in OMB Circular A-
I33. Compliance testing performed for this audit should determine whether the
.&D_,~'ISTEKING AGENCY has a. system ~,h-t is adequate to accumulate and segregate
reasonable, allowable and allocable costs to assure that:
(a) Reimbursement claims submitted to STATE for the PROJECT are supported by
payment vouchers and canoeled checks.
(b) Charges for the various categories
ADMINISTERING AGENCY are fully supported and recorded
.ADMINISTERING AGENCY'S accounting records in accordance with
accepted accounting principles.
(c) The ADM2ENISTERING AGENCY complied with CFR 49 Part 18, Uri~nn
Administrative Kequircinents for State and Local Governments and OMB A-g7, Cost
Principles for State and Local Governments. Any instances of noncompliance or costs
determined ineligible in accordance with these regulations. but claimed for
reimbursement should be identified and set forth in the auditor's report.
of eligible PROJECT costs incurred by the
in the
gencrally
16. ADMINISTEKING AGENCY and all subcontractors shall comply with the Uniform
.administrative Requirements for State and Local Governments set forth in the Code of Federal
Ke_m~lations, Tide 49, Part 18. In addition, the ADMINISTEKING AGENCY agrees to comply
with the cost principles and procedures set forth in Office of Management and Budget Circular A-
87. The ADMINISTEKING AGENCY agrees that a reference to either Office of Management
and Budget Circular A-g7 or the Code of Federal Ke_matations, Title 49, Chapter 1, Part 31,
whichever is applicable and the code of Federal Regulations, Tide 49, Part 18, will be included in
any subcontracts entered into as a result of this AGKEEMENT.
17. The "State Report of Expenditures" must be completed by ADMINISTF.2,ING AGENCY
within one hundred eighty (180) days of PROJECT completion in the format described for State
funded projects in Chapter 17, "Project Completion" of the Lot. a/Assistance Procedures Manual.
The Final Invoice must be submitted with the "State Report of Expenditures. The Andit must be'
completed by the December 30th following the fiscal year of pROjECT completion PROJECT
completion is defined as when all work identified in the approved PROJECT Application and
PKOGKA.M SUPPLEMENT. has been completed and final costs are known. The report
documents (State Report of Expenditures and Final Audit Report) will be sent to the appropriate
STATE office. Failure to comply with these reporting requirements may result in the withholding
of future allocations for other projects.
18. STATE reserves the right to conduct technical and financial auditi if it is determined to be
necessary. A/ter any financial audit, ADIvIINISTERING AGENCY shall prompry refund. any .
excess State funds erroneofisty r.imbursed to ADMINISTERING AGENCY.
19. Should .ADMINISTERING AGENCY fail to refund all moneys due STATE as provided
hereunder or should ADMINISTERING AGENCY breach this AGRF-k'MENT by failing to
complete PROJECT, then, within thirty (30) days of dcmancl, or within such other period as may
be agreed to in writing betwe~.n the parties hereto, STATE, acting through the State Controller,
the State Treasurer, the California Transportation Commission (CTC), or any other public
agency, may withhold or demand a transfer of an mount equal to the PROJECT mount paid by
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STATE from future apportionments or any other funds due ADMINISTERLNG AGENCY from
the Highway Users Tax Fund or any other funds and/or may withhold approval of future
.ADMINISTERING AGENCY projects.
20. When PROECT is not on the STATE highway system but includes work to be performed
by a railroad, the contract for such work shall be prepared and administered by
.ADMINISTER/NG 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 or constructed under that
contract.
ARTICLE II- ENGINEERING
1. "Project Development Costs" includes all preliminary work up 'to contract award for
co~'maction and dire~y related to the PROJECT, including, 'but not limited to, environmental
studies, pre'tmainary surveys and reports, laboratory work, soil investigation, preparation of plans,
specifications and estimates, advertising for bids, awarding contract as well as Project
Development Contract .~a'ninistration and Right of Way staff support costs.
2. "Construction Engineering" eligible costs include actual inspection and supervision of
construction work, construction staking, laboratory and field testing, preparation and processing
of field reports, and records, estimates, final reports, and allowable expenses of
employ~s/cons~tants engaged in such acti~es.
3. Unless the parties shall otherwise agr_~ in writing, ADMINISTERING AGENCY'S
employees or ks subcontractor en_mine~ring consultant shall be responsible for all PROJECT
engineering work. When construction en_mineering is performed by STATE, charges by STATE
invoiced to ADMLNISTERLNG AGENCY shall include an assessment on direct labor costs in
accordance with Section 8755.1 of the State ,4dministrative Mmraal. The portion of such
STATE charges not contractually absorbed by STATE shall be paid from PROJECT or other
funds of AD.MINISTEKING AGENCY.
4. No reimbursable or matching costs incurred by .4DMINISTEK~G AGENCY in the
period prior to the effective date of this AGREEMENT or a later 'date specified in a PROGRAM
SUPPLEMENT are allowable by STATE.
ARTICLE m- RIGHT-OF-WAY
1. .411 related fights-of-way as are necessary for hhe construction of PROJECT shall be
acquired by ADMINISIER.ING AGENCY, and no contract for cons~ction of PROJECT or any
portion thereof shall be advertised until those necessary ~g. hts-of-.way have been secured.
2. The furnishing of rights-of-way as provided for herein includes, and is limited to, the
following, unless the PROGRAM SUPPLEMENT provides otherwise:
(a) expenditures to purchase all real property required for PROJECT fre~ and clear of
liens, conflicting easements, bbstructions and encumbrances, after crediting
PROJECT with the fair market value of any excess property retained and not
disposed of by ADMIN2S~G AGENCY _ _
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the pa,vment of damages to real property not acrua.t/y taken but injuriousty affected
by the proposed improvement
(c) the cost of relocating owners and occupants pursuant to Government Code Sections
7260-7277
(d) the cost of demolition and sales ofatl improvemems on the fight of way
(e) the cost of alI unavoidable utility relocation, protection or removal
(f) the cost of all necessary hazardous material and hazardous waste clean up for which
ADMINISTERING AGENCY is not responsible and the actual generator cannot be
identC~Sed or recovery made ......
3. Should ADMINISTERING AGENCY, h acquiring right-of-way for PROJECT, displace
an individual, family, business, farm operation or nonprofit organizatior4 the ADMINISTERING
AGENCY shall provide relocation payments and services as required by California Governmere
Code, Sections 7260-7277.
4. State funds will not participate in any PROJECT costs arising out of delays to
construction or demolition contractor's orderly prosecution of the work because utilities have not
b~n timely removed or relocated or due to the unavailability of rights-of-way.
5. tf any protection, relocation or removal of utilities is required within STATE'S right-of-
way, such work shall be performed in accordance with STATE policy and procedure.
ADMINISTERLNG AGENCY shall require any utility company performing relocation work in
the STATE'S fight-of-way to obtain a STATE Encroachment Permit prior to the performance of
said re, location work Any relocated utilities shall be correctly located and identified on the
PKOJECT as-built plato.
ARTICLE IV - MISCELLANEOUS PROVISIONS
l. The cost of security, protection, or maintenance' performed by .4.DMZNISTERING
AGENCY or conu-actor forces during any tmporary suspension of the work or at any other time
may not be charged to the PROJECT.
2. Neither STATE nor any officer or employ~ thereof shall be responsible for any damage
or liability occurring by reason of anything done or omitted to be done by ADMINISTERING
AGE'NCY under or in connection with any work, authority, or jurisdiction delegated to
ADMINISTERING AGENCY under this AGEiT. It is also undostood and agreed thax,
pursuant to Governmere Code Section 895.4, ADMiN2STEKING AGENCY shall fully defencL
indemnify and hold STATE, ks officers and employees harmless iota any liability imposed for
injury (as defined be Government Code Section 810. g) occurring by fezson of anything done or
omitted to be done by ADMINISTERING AGENCY under or in connection with any work,
authority, or jurisdiction delegated to ADMINISTERING AGENCY und~ this AGREEMENT.
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3. Neither .4I)MINISTERING AGENCY nor any officer or employee thereof, shall be
responsible for ~..ny damage or liability occurring by reasons of anything done or omitted to be
done by STAi']E under or in connection with any work, authority, or jurisdiction delegated to
STATE under this AGREEMENT. It is also understood and ageed that pursuant to Government
Code Section 895.4, STATE shaii .fully defend, indemnify and hold ADIVfINISTERING
AGENCY harmless from any IiabiIity imposed for injury (as defined be Government Code Section
810.8) occurring by reason of anytJing done or omitted to be done 'by Si~ATE under, or in
connection with any work, authority, or jurisdiction delegated to STATE under this
AGREEMENT.
4. Auditors of STATE shall be ~ven access to boo'ks and records of .4jDMINISTEKING
AGENCY and its contractors and subcontractors for the purpose of verifying PKOJECT costs
and share 'to be paid. ADMINISTERING AGENCY shall include clauses in its contracts for
PROJECT obligating contractors and subcontractors to conform and cooperate in any audit of
their PROJECT costs.
5. ADMINISTEKING AGENCY will maintain and operate the PKOYECT property
acquired, developed, rehabilitated, or restored for its intended public use until such time as the
parties might mend this AGRKKMENT to othm-Mse provide. With the approval of STATE,
ADMINISTERLNG AGENCY or its successors in interest in the property may transfer this
obligation and responm'bility to maintain and operate the property to another public entity.
6. Upon .4jDMLNISTEK!NG AGENCY acceptance of the completed PROJECT
construction contract Or upon contractor being relieved of the responsibility for maintaining and
protecting a portion of the work, the A-DMINISTEKING AGENCY having jurisdiction over the
PROJECT shall maintain, repair and restore any dm~exi portions of the completed work in a
manner satisfacto~ to the authorized. representatives of STATE. ~ within ninety (90) days after
receipt of notice from STATE that a PKOJECT, or any portion thereof: under
ADMINISTEKL'~G AGENCY'S jurisdiction is not being properly maintained, repaired or
restored and ADMINISTER.ING AGENCY has not satisfactorily remedied the conditions
complied of, the approval of future projects of ADML'NISTEKING AGENCY wilt be withheld
until the PROJECT shall have been put in a condition satisfactory to STATE. The provisions of
this section shall not apply to a PROJECT which has been vacated/as preapproved by STATE,
through due process oflaw.
7.. The ADMINISTERING AGENCY obligation to maintain, referred to in paragraph 6
above, includes not only the physical condition of the PROJECT but its continued operation as
well. PROJECT shall be maintained by an adequate and well-trained staff' of engineers and/or
such oth~ professionals and technid~n~ as the PKOJECT requires. Said maintenance staff may
be employMs of ADMLNISTERING AGENCY, another unit of government, or a contractor
under an agr~ment with ADMiINISTERING AGENCY. All maintenance will be performed at
regular intervals or as required for e~cient operation of the complete PKOJECT improvements.
g. Without the written consent of STATE, this AGREE!vIENT is not assigrmble by.
ADMINISYERING A. GENCY, either in whole or in part.
9. No alteration or variation of the terms of this AGREEMENT or the PKOGKAM
SUPPLEMiEhrr shall be valid unless made in writing and signed by the panics hereto, and no oral
understanding or agreement not incorporated herein shall be binding on any of the parties hereto.
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10. This Agr~mcnt 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 AGR~3:~-MENT in any marm&r.
11. ADMINISTER/NG AGENCY agrees to use all PROJECT funds reimbursed hereunder only for
transportation purposes that axe in conformance with Article XIX of the California State Constitution.
ARTICLE V - CONDITION OF ACCEPTANCE
ADMIN STEKING AGENCY shall conform to all State statutes, regulations, and the
Local Assistance Program Guidelines and Local Assistance Procedures'Manual including all
subsequent approved revisions thereto, hereat~er collectively referred to as PKOCEDUKES,
applicable to PROJECT unless otherwise d~ignated in the approved PKOGKAM
SUPPLE1V~'NY.
This AGt~-MENT and any PROGRAM SUPPLF, MENT(s) exert-ted under this
AGRk'KMEN'r shall terminate upon sixty (60) days' prior written notice by STALE.
IN WITNESS WHEREOF, the pmies have executed this AGREEME~ by their duly
authorized officers.
STALE OF CALIFOKNL4~
Department of Transportation
AGENCY
By
Chief, Office of LocaI Programs
Project Implernentation
By
( Authorized Representative )
Date
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