CC Resolution 13055 - (PDA) Grant from (MTC) to Fund Hamilton Avenue Precise PlanRESOLUTION NO. 13055
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL ACCEPTING
A PRIORITY DEVELOPMENT AREA (PDA) GRANT FROM THE METROPOLITAN
TRANSPORTATION COMMISSION (MTC) TO FUND THE DEVELOPMENT OF THE
HAMILTON AVENUE PRECISE PLAN, APPROVING A MASTER FUNDING AGREEMENT,
AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT AND RELATED
SUPPLEMENTS, APPROVING THE RELEASE OF A REQUEST FOR PROPOSALS (RFP)
FOR RELATED CONSULTANT SERVICES (PLN-2023-138), AND AUTHORIZING THE
FINANCE DIRECTOR TO PREPARE REATED BUDGET ADJUSTMENTS
WHEREAS, as part of the 2040 General Plan update process, the Hamilton Avenue /
Highway 17 interchange was identified as an area of interest for transportation
improvements, gateway enhancements, and transit -oriented housing development;
WHEREAS, on April 18, 2023, the City Council adopted the 2040 General Plan which
included Policy LU-9.a which calls for the preparation of a Precise Plan for the Hamilton
Avenue Area;
WHEREAS, at its February 21, 2023, meeting, the City Council authorized the
Community Development Director to submit for a PDA grant from MTC for the
development of a Precise Plan along the Hamilton Avenue corridor, east and west of the
Highway 17 interchange consistent with Policy LU-9.a of the 2040 General Plan;
WHEREAS, on June 29, 2023, the City of Campbell received confirmation of $400,000 in
funding from the Metropolitan Planning Commission (MTC) for the development of a
Hamilton Avenue Precise Plan;
WHEREAS, the PDA grant from MTC will fully fund the anticipated costs to prepare the
Hamilton Avenue Precise Plan and does not require any match funding from the City; -
WHEREAS, the Draft Master Funding Agreement and Call for Projects outline the key
obligations and terms for the grant;
WHEREAS, the City Council has reviewed the Master Funding Agreement and sample
Supplement to the Master Funding Agreement as set forth by Exhibit A and Exhibit B
respectively;
WHEREAS, the City Council seeks to authorize the City Manager to execute the
agreement and related supplements substantially in the form provided but delegating
authority for changes in the City's best interests;
WHEREAS, the September 19, 2023, City Council Report summarizes key obligations
and terms of the grant, including the consideration of relevant Transit -Oriented
Community (TOC) policies for select properties with the Hamilton Avenue Precise Plan
area;
WHEREAS, the City will have adequate staffing to deliver and complete the project with
the assistance of a third -party consultant;
City Council Resolution No. 13055
Page 2 of 2
PLN-2023-138 — PDA Grant, Master Funding Agreement, and RFP Release
WHEREAS, recognizing the anticipated complexity involved in preparing the Hamilton
Avenue Precise Plan staff has recommended selection of a consultant through a formal
RFP process; and
WHEREAS, the City Council has reviewed and accepted the Draft Request for Proposals
(RFP) and found it to include the appropriate tasks needed for a consultant to assist the
Community Development Department in preparing the Hamilton Avenue Precise Plan.
WHEREAS, a City match using ARPA funds is no longer required in FY 2024 as the MTC
grant will fund the full $400,000 cost of the Hamilton Avenue Precise Plan project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell
hereby accepts the Priority Development Area (PDA) Grant from the Metropolitan
Transportation Commission (MTC) to fund the Development of the, Hamilton Avenue
Precise Plan, approving a Master Funding Agreement, authorizing the City Manager to
execute the agreement and related supplements, approving the release of a Request for
Proposals (RFP) for related consultant services, and authorizing the Finance Director to
prepare related budget adjustments (Attachment E of the staff report.)
PASSED AND ADOPTED this 19th day of September, 2023, by the following roll call vote:
AYES:
Councilmembers:
NOES:
Councilmembers:
ABSENT:
Councilmembers:
ABSTAIN:
Councilmembers:
ATTEST:
Andrea Sanded,bity Clerk
Lopez, Scozzola, Furtado, Landry, Bybee
None
None
APPROVED:
Anne Bybee, Mayor
MASTER FUNDING AGREEMENT
BETWEEN THE METROPOLITAN TRANSPORTATION COMMISSION
AND
CITY OF CAMPBELL
PLANNING, PROGRAMMING,
TRANSPORTATION, TRANSIT, LAND USE OR OTHER PROJECTS
FOR
FISCAL YEAR 2023-24 through FISCAL YEAR 2033-34
MTC/City of Campbell
Master Funding Agreement
Page iv
TABLE OF CONTENTS
ARTICLE PAGE
1.0 GENERAL.....................................................................................................................................I
2.0 INTERAGENCY AGREEMENT ADMINISTRATION.......................................................... 2
3.0
FUNDING......................................................................................................................................2
4.0
TERM............................................................................................................................................. 3
5.0
PAYMENT.................................................................................................................................... 3
6.0
DELAYS AND FAILURE TO PERFORM................................................................................ 3
7.0
AMENDMENTS........................................................................................................................... 4
8.0
TERMINATION...........................................................................................................................4
9.0 USE OF THIRD PARTY CONTRACTS................................................................................... 4
10.0 INDEMNIFICATION.................................................................................................................. 4
11.0 LAWS AND REGULATIONS..................................................................................................... 5
12.0 RECORDS..................................................................................................................................... 5
13.0 AUDITS......................................................................................................................................... 5
14.0 SUBCONTRACTS........................................................................................................................6
15.0 PROHIBITED INTERESTS....................................................................................................... 6
16.0 ORGANIZATIONAL CONFLICTS OF INTEREST............................................................... 7
17.0 CHOICE OF LAW....................................................................................................................... 7
18.0 PARTIAL INVALIDITY............................................................................................................. 8
19.0 NO THIRD PARTY BENEFICIARIES..................................................................................... 8
20.0 ORDER OF PRECEDENCE....................................................................................................... 8
EXHIBIT A FORM OF SUPPLEMENT............................................................................................... 9
EXHIBIT B-1 ADDITIONAL TERMS AND CONDITIONS (GENERAL)....................................11
EXHIBIT B-2 ADDITIONAL TERMS AND CONDITIONS (FEDERALLY REQUIRED
CLAUSES)...............................................................................................................................................12
EXHIBIT B-3 ADDITIONAL TERMS AND CONDITIONS (STATE -REQUIRED CLAUSES) 20
EXHIBIT B-4 ADDITIONAL TERMS AND CONDITIONS (PREVAILING WAGE RATES,
APPRENTICESHIPS, AND PAYROLL RECORDS NON FEDERALLY FUNDED
AGREEMENTS)..................................................................................................:.................................. 33
EXHIBIT B-5 ADDITIONAL TERMS AND CONDITIONS (PREVAILING WAGE RATES,
APPRENTICESHIPS, AND PAYROLL RECORDS FEDERALLY FUNDED AGREEMENTS)34
MTC/City of Campbell
Master Funding Agreement
Page v
EXHIBIT B-6 ADDITIONAL TERMS AND CONDITIONS (REGIONAL TOLL FUNDS
INCLUDING RM1, RM2, RM3, AND AB 1171)................................................................................. 40
EXHIBIT B-7 ADDITIONAL TERMS AND CONDITIONS (REGIONAL DISCRETIONARY
FEDERAL FUNDS INCLUDING STP AND CMAQ)........................................................................ 46
Exhibit B
MASTER FUNDING AGREEMENT
Between METROPOLITAN TRANSPORTATION COMMISSION
And CITY OF CAMPBELL
For PLANNING, PROGRAMMING,
TRANSPORTATION, TRANSIT, LAND USE OR OTHER PROJECTS
This Master Funding Agreement, effective as of (this "Master Funding
Agreement" or "Agreement"), is entered into by and between the Metropolitan Transportation
Commission (hereafter "MTC"), a regional transportation planning agency established pursuant to
California Government Code § 66500 et seq., and City of Campbell (hereafter "AGENCY"). MTC and
AGENCY are collectively referred to herein as "the Parties."
WITNESSETH
WHEREAS, MTC has been designated as the Metropolitan Planning Organization
(MPO - federal) and the Regional Transportation Planning Agency ("RTPA" - state) for the San
Francisco Bay Region; and
WHEREAS, MTC from time to time expects to provide funds available to it as MPO, RTPA or
otherwise to AGENCY; and
WHEREAS, it is expected that these funds will be used for planning, programming,
transportation, transit, land use or other projects relevant to MTC or its statutory purposes (the "Project"
or "Projects"); and
WHEREAS, the Parties wish to set forth the terms and conditions under which MTC may from
time to time provide funding to AGENCY; and
WHEREAS, before MTC will make funds available hereunder, MTC and AGENCY will enter
into at least one Supplement to this Master Funding Agreement, which must be in substantially the form
attached hereto as Exhibit A (each, a "Supplement") to establish the terms and conditions applicable to
AGENCY when receiving funds for the Project;
NOW, THEREFORE, the Parties hereto agree as follows:
MUMMERS
This Master Funding Agreement shall have no force and effect with respect to a Project or any
portion thereof unless and until a Supplement has been fully executed by both MTC and AGENCY
MTC/City of Campbell
Master Funding Agreement
Page 2
governing the relevant Project. Exhibit A, Form of Supplement, is attached hereto and incorporated
herein. Each Supplement shall include the following information:
a. A description of the applicable Project scope of work;
b. A maximum payment amount for the applicable Project scope of work;
C. An indication of whether the various clauses attached hereto as Exhibits B-1 through B-7
shall apply to AGENCY's implementation of the applicable Project scope of work;
d. Any additional covenants, conditions, restrictions or reporting requirements that apply to
the applicable Project scope of work or funding source MTC is providing to AGENCY;
e. Identification of the MTC and AGENCY project managers for the applicable Project
scope of work;
f. The estimated budget and payment milestones for the applicable Project scope of work;
and
g. Any MTC or AGENCY resolutions, authorizations or approvals, or any other key
documents, relevant to the applicable Project scope of work or funding source MTC is providing to
AGENCY.
Upon execution by MTC and AGENCY of such a Supplement, AGENCY shall assume the
responsibility for implementing the applicable Project scope of work, and MTC will administer funding
to AGENCY in accordance with this Agreement, the applicable Supplement, and any other documents
incorporated by reference into such Supplement.
2.0 INTERAGENCY AGREEMENT ADMINISTRATION
The administration of this Agreement will be conducted by MTC staff. Day-to-day management
of individual projects required under this Agreement is assigned to the appropriate Project Manager at
AGENCY and Project Manager at MTC, as set forth in the applicable Supplement.
3.0 FUNDING
A. The total compensation to be paid to AGENCY under this Agreement shall be the sum of
the amounts of compensation payable to AGENCY as set forth in each Supplement.
B. AGENCY and MTC jointly agree to exert their best efforts to manage each component of
the Project in such a way that prevents costs from exceeding the estimated budget set forth in the
applicable Supplement.
MTC/City of Campbell
Master Funding Agreement
Page 3
C. Reimbursement of AGENCY travel expenses and per diem rates are not to exceed the
rate specified by the State of California Department of Personnel Administration for similar employees
(i.e. non -representative employees)
This Agreement is in effect for the ten years following the Effective Date. This Agreement term
may be extended by mutual written agreement.
Contingent upon AGENCY's satisfactory completion of work products or milestones, as
applicable, required under the applicable Supplement, AGENCY shall submit invoices to MTC for that
portion of the funds available to AGENCY that have been expended. This invoice will be in the format
and provided no more frequently than prescribed by MTC in the applicable Supplement. In addition, all
supporting documentation must accompany expenditures included on AGENCY invoices. Payment,
shall be made by MTC within thirty (30) days of receipt of an acceptable invoice, which shall be subject
to the review and 'approval of MTC's Project Manager or a designated representative. Approval of an
invoice shall not be unreasonably withheld. AGENCY should submit invoices electronically via email
to MTC at acctpavobayareametro.gov or deliver or mail invoices to MTC, as follows:
Attention: Accounting Section
Metropolitan Transportation Commission
Bay Area Metro Center
375 Beale Street, Suite 800
San Francisco, CA, 94105
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Whenever AGENCY encounters any difficulty that will delay timely performance of work,
AGENCY shall notify MTC in writing. The parties agree to cooperate to work out a mutually
satisfactory course of action.
If MTC determines that (a) AGENCY's failure to complete a product on a timely basis is due to
causes solely within AGENCY's control; and/or (b) AGENCY has failed to consider MTC
recommendations aimed at facilitating progress toward that product, MTC may impose such sanctions as
it may determine appropriate. Sanctions may include withholding of commensurate payment due under
this Agreement until compliance is achieved.
MTC/City of Campbell
Master Funding Agreement
Page 4
7.0 AMENDMENTS
This Agreement or any Supplement hereto may be amended by mutual agreement of MTC and
AGENCY at any time during the term of the Agreement. All such changes shall be incorporated in
written amendments, which shall specify the changes in work performed and any adjustments in
compensation and schedule. All amendments shall be executed by the authorized Executive or a
designated representative of MTC and AGENCY and specifically identified as amendments to the
Agreement. The MTC Project Manager is not a designated representative, for purposes of executing an
amendment.
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Either party may terminate this Agreement, in whole or in part, at any time upon ninety (90)
days' written notice. In this event, AGENCY shall submit a requisition to MTC for an amount
representing the actual cost of services performed up to the effective date of termination for which
AGENCY has not been previously reimbursed. In no event shall the maximum expenditure allowed
under this Agreement, as it may be adjusted by a written amendment signed by both parties, be
exceeded. Upon payment of the amount found due; MTC shall be under no further obligation to
AGENCY, monetarily or otherwise.
9.0 USE OF THIRD PARTY CONTRACTS
AGENCY may subcontractor subvene funds to local agencies, consultants or contractors for
performance of portions of the work required under this Agreement, without the prior written consent of
MTC, provided AGENCY complies with any other applicable requirements of this Agreement and the
applicable Supplement hereto, and applicable federal and state requirements.
AGENCY shall indemnify, defend, and hold harmless MTC, its Commissioners, representatives,
agents and employees from and against all claims, injury, suits, demands, liability, losses, damages and
expenses, whether direct or indirect (including any and all costs and expenses in connection therewith),
incurred by reason of any act or failure to act of AGENCY, its officers, employees or agents, or
subconsultants or any of them in connection with this Agreement.
MTC/City of Campbell
Master Funding Agreement
Page 5
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AGENCY shall comply with any and all laws, statutes, ordinances, rules, regulations or
requirements of the federal, state and/or a local government, and of any agency thereof, including but
not limited to the California Department of Transportation (Caltrans) Local Assistance Procedures
Manual, as they exist at the time of execution of the Agreement and as they may be amended in the
future, which relate to or in any manner affect the performance of this Agreement and any Supplements.
AGENCY agrees to establish and maintain an accounting system conforming to generally
accepted accounting principles (GAAP) that is adequate to accumulate and segregate reasonable,
allowable, and allocable project costs. AGENCY further agrees to keep all records pertaining to the
Project(s) being funded for audit purposes for a minimum of. (a) three (3) years following final payment
to AGENCY, (b) four (4) years following the fiscal year of last expenditure under the Agreement; or (c)
until completion of any litigation, claim or audit, whichever is longest.
AGENCY shall permit MTC and MTC's authorized representatives to have access to
AGENCY's books, records, accounts, and any and all work products, materials, and other data relevant
to this Agreement, for the purpose of making an audit, examination, excerpt and transcription during the
term of this Agreement and for the period specified in Article 12. AGENCY shall in no event dispose
of, destroy, alter, or mutilate said books, records, accounts, work products, materials and data for that
period of time. Such permission shall extend to books, records, accounts, and any and all work
products, materials, and other data relevant'to this Agreement of the AGENCY's contractors and
subcontractors, if any. If applicable, should MTC request access to the construction site and related
field operations, MTC shall provide reasonable notice to AGENCY, and AGENCY shall provide access
as it deems reasonable and safe, subject to the rights of the property owner if such owner is not
AGENCY.
AGENCY further agrees to include in all its subcontracts hereunder exceeding $25,000 a
provision to the effect that the subconsultant agrees that MTC or any of MTC's duly authorized
representatives shall have access to and the right to examine any directly pertinent books, documents,
papers, and records of such subconsultant for the term specified above. "Subconsultant" is defined in
Article 14.0 Subcontracts, below.
MTC/City of Campbell
Master Funding Agreement
Page 6
A. For purposes of this Agreement, "subconsultant" shall mean any consultant or contractor
under contract with the AGENCY to perform Project work. Any subconsultants must be engaged
under written contract with AGENCY with provisions allowing AGENCY to comply with all
requirements of this Agreement. Failure of a subconsultant to provide any insurance required under this
Agreement shall be at the risk of AGENCY. MTC's Project Manager shall be notified in writing of any
substitution or addition of subconsultants.
For any Project funded by the Federal Transit Authority (FTA), Federal Highway Administration
(FHWA) or Caltrans, AGENCY shall complete Form 10-C, as may be revised by Caltrans from time to
time, within thirty (30) days of executing an agreement with a subconsultant and submit it to MTC's
Project Manager. MTC shall not process payment of any invoice under the applicable Supplement
relating to work by a subconsultant unless AGENCY shall have submitted to MTC a Form 10-C with
respect to its contract with such subconsultant.
B. Nothing contained in this Agreement or otherwise, shall create any contractual relation
between MTC and any subconsultants, and no subcontract shall relieve AGENCY of his/her
responsibilities and obligations hereunder. AGENCY agrees to be as fully responsible to MTC for the
acts and omissions of its subconsultants and of persons either directly or indirectly employed by any of
them as it is for the acts and omissions of persons directly employed by AGENCY. AGENCY's
obligation to pay its subconsultants is an independent obligation from MTC's obligation to make
payments to AGENCY.
C. Applicable provisions of this Agreement shall be included in any subcontract or
subconsultant agreement in excess of $25,000 entered into under of this Agreement.
No member, officer, employee or agent of MTC, during his/her tenure shall have any prohibited
interest as defined by California Government Code Sections 1090, et seq., direct or indirect, in the
Agreement or the proceeds thereof. Prohibited interests include interests of immediate family members,
domestic partners, and their employers or prospective employers. Accordingly, AGENCY further
covenants that it has made a complete disclosure to MTC of all facts of which AGENCY is aware upon
due inquiry bearing upon any possible interest, direct or indirect, that it believes any member, officer,
agent or employee of MTC (or an immediate family member, domestic partner or employer or
prospective employer of such member, officer, agent or employee) presently has, or will have in the
Agreement, or in the performance thereof, or in any portion of the profits thereunder. Willful failure to
make such disclosure, if any, shall constitute grounds for cancellation and termination hereof by MTC.
MTC/City of Campbell
Master Funding Agreement
Page 7
AGENCY shall take all reasonable measures to preclude the existence or development of an
organizational conflict of interest in connection with work performed by subconsultants or
subcontractors under this Agreement. An organizational conflict of interest occurs when, due to other
activities, relationships, or contracts, a firm or person is unable, or potentially unable, to render impartial
assistance or advice to MTC or AGENCY; a firm or person's objectivity in performing the contract
work is or might be impaired; or a firm or person has an unfair competitive advantage in proposing for
award of a contract as a result of information gained in performance of this or some other Agreement.
AGENCY shall not engage the services of any subconsultant or subcontractor on any work
related to this Agreement if the subconsultant or subcontractor, or any employee of the subconsultant or
subcontractor, has an actual or apparent organizational conflict of interest related to work or services
contemplated under this Agreement.
If at any time during the term of this Agreement AGENCY becomes aware of an organizational
conflict of interest in connection with the work performed by a subconsultant or subcontractor
hereunder, AGENCY shall immediately provide MTC with written notice of the facts and circumstances
giving rise to this organizational conflict of interest. AGENCY's written notice will also describe
alternatives for addressing or eliminating the organizational conflict of interest. If at any time during the
period of performance of this Agreement, MTC becomes aware of an organizational conflict of interest
in connection with performance of any work hereunder by a subconsultant or subcontractor, MTC shall
similarly notify AGENCY. In the event a conflict is presented, whether disclosed by AGENCY or its
subconsultant or subcontractor, or discovered by MTC, MTC will consider the conflict presented and
any alternatives proposed and meet with AGENCY to determine an appropriate course of action.
MTC's determination as to the manner in which to address the conflict shall be final.
Failure to comply with this section may subject AGENCY or its subconsultant or subcontractor
to damages incurred by MTC in addressing organizational conflicts that arise out of work performed by
such subconsultant or subcontractor, or to termination of this Agreement for breach.
17.0 CHOICE OF LAW
All questions pertaining to the validity and interpretation of the Agreement shall be determined
in accordance with the laws of the State of California applicable to agreements made and to be
performed within the State.
MTC/City of Campbell
Master Funding Agreement
Page 8
IFIRMUNNIM11010
If any term or condition of this Agreement is found to be illegal or unenforceable, such term or
condition shall be deemed stricken and the remaining terms and conditions shall remain valid and in full
force and effect.
This Agreement is not for the benefit of any person or entity other than the parties.
In the event of a conflict in the provisions of this Agreement, any Supplement hereto, or the
Exhibits hereto incorporated by reference into such Supplement, the following order of priority shall be
used in resolving such conflict: the applicable Supplement shall have first priority, then the Exhibits
incorporated into such Supplement, then this Agreement.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto as of the day
and year first written above.
METROPOLITAN TRANSPORTATION CITY OF CAMPBELL
COMMISSION
Andrew B. Fremier, Executive Director Brian Loventhal, City Manager
MTC/City of Campbell
Master Funding Agreement
Page 9
EXHIBIT A
SUPPLEMENT [insert number] TO MASTER FUNDING AGREEMENT
This Supplement No. to Master Funding Agreement ("Supplement or "Agreement") is
entered into this day of , 20_, by and between the Metropolitan Transportation
Commission (hereafter "MTC") and [AGENCY] (hereafter "AGENCY") and supplements the Master
Funding Agreement, dated , 2017, by and between MTC and AGENCY.
Pursuant to this Supplement, MTC agrees to provide an amount not to exceed dollars
($) in [describe funding source] to AGENCY to fund the [brief description of Project] (as more
fully described in Annex I hereto, the "Supplement Project"). The estimated budget and payment
milestones for the Supplement Project scope of work is attached as Annex II hereto.
MTC will reimburse AGENCY for its actual eligible costs incurred for completed Supplement
Project milestones or deliverables described in Annex II hereto.
The Supplement Project work will commence [date], and be completed no later than ,
20
The clauses selected below and attached as exhibits to the Master Funding Agreement shall
apply to AGENCY's performance of the applicable Supplement Project scope of work hereunder:
❑ Exhibit B-1, Additional Terms and Conditions (General), Paragraph A
❑ Exhibit 13-1, Additional Terms and Conditions (General), Paragraph B
❑ Exhibit B-2, Additional Terms and Conditions (Federally Required Clauses)
❑ Exhibit B-3, Additional Terms and Conditions (State Required Clauses)
❑ Exhibit B-4, Additional Terms and Conditions (Prevailing Wage Rates, Apprenticeships, and
Payroll Records, Non -.Federally -Funded Agreements)
❑ Exhibit B-5, Additional Terms and Conditions (Prevailing Wage Rates, Apprenticeships, and
Payroll Records, Federally -Funded Agreements)
❑ Exhibit B-6, Additional Terms and Conditions (Regional Toll Funds including RM1, RM2, RM3
and AB 1171)
❑ Exhibit B-7, Additional Terms and Conditions (Regional Discretionary Federal Funds including
STP and CMAQ)
[Insert any additional covenants, conditions, restrictions or reporting requirements that apply to
the Supplement Project scope of work or funding source MTC is providing to AGENCY.]
[Desscribe/attach any MTC or AGENCY resolutions, authorizations or approvals, or any other
key documents, relevant to the applicable Project scope of work or funding source MTC is providing to
AGENCY.]
MTC/City of Campbell
Master Funding Agreement
Page 10
The MTC Project Manager for the Supplement Project is [name, telephone, email]. The
AGENCY Project Manager for the Supplement Project is [name, telephone, email].
This Supplement is supplemental to the Master Funding Agreement; all terms and conditions of
the Master Funding Agreement, as may be amended, remain unchanged hereby.
Capitalized terms used but not defined herein shall have the respective meanings assigned to
them in the Master Funding Agreement.
METROPOLITAN TRANSPORTATION [AGENCY]
COMMISSION
Andrew B. Fremier, Executive Director [Name/Title]
MTC/City of Campbell
Master Funding Agreement
Page 11
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A. INSURANCE REQUIREMENTS
AGENCY shall, at its own expense, obtain and maintain (and/or cause its subconsultant(s) to
obtain and maintain, as applicable) the types of insurance and financial security listed (if any) in the
applicable attachment or exhibit to the relevant Supplement against claims, damages and losses due to
injuries to persons or damage to property or other losses that may arise in connection with the
performance of work under such Supplement, and in effect at all times for the duration of such
Supplement. All policies will be issued by insurers acceptable to MTC, generally with a Best's Rating
of A- or better with a Financial Size Category of VIII or better, or as otherwise specified in the
applicable Supplement. Notwithstanding anything to the contrary, AGENCY may satisfy the insurance
requirements herein utilizing self-insurance providing equivalent coverage.
B. CLAIMS OR DISPUTES
Unless otherwise directed in writing by MTC, AGENCY shall continue performance under this
Agreement while any matters in dispute are being resolved. Further, MTC shall pay AGENCY for any
undisputed work performed by AGENCY prior to or during the resolution of the matters in dispute. In
the event there is a dispute concerning the interpretation of this Agreement or any aspect of the Project
that the project managers identified by MTC and AGENCY are unable to resolve, the project manager
for either MTC or AGENCY may request that an ad hoc Dispute Resolution Committee ("DRC") be
convened to resolve the dispute. The DRC shall consist of two members, one appointed by the MTC
Executive Director and the other appointed by the Chief Executive Officer of AGENCY. The
responsibility of chairing each ad hoc DRC shall alternate between the agencies, beginning with MTC.
Further, disputes between MTC and AGENCY that cannot be resolved by the DRC may be submitted to
alternative dispute resolution, as agreed to by the parties. Fees and expenses of the mediator will be
borne equally.
MTC/City of Campbell
Master Funding Agreement
Page 12
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ADDITIONAL TERMS AND CONDITIONS
(FEDERALLY REQUIRED CLAUSES)
1. EQUAL EMPLOYMENT OPPORTUNITY
In accordance with Title VI of the Civil Rights Act, as amended (42 U.S.C. § 2000d); Section
YII of the Civil Rights Act of 1964, as amended (42 U.S.C. § 2000e); Section 303 of the Age
Discrimination Act of 1975, as amended (42 U.S.C. § 6102); Section 202 of the Americans with
Disabilities Act of 1990 (42 U.S.C. § 12132); and, for FTA-funded projects, 49 U.S.C. § 5332 and any
implementing requirements that FTA may issue. AGENCY agrees that it will not, on the grounds of
race, religious creed, color, national origin, age, physical disability or sex, discriminate or permit
discrimination against any employee or applicant for employment.
2. DISADVANTAGED BUSINESS ENTERPRISE (DBE) POLICY
It is the policy of MTC and the U.S. Department of Transportation to ensure nondiscrimination
in the award and administration of DOT -assisted contracts and to create a level playing field on which
disadvantaged business enterprises, as defined in 49 Code of Federal Regulations Part 26, can compete
fairly for contracts and subcontracts, relating to MTC's procurement and professional services activities.
AGENCY shall not discriminate on the basis of race, color, national origin or sex in the
performance of the applicable Supplement. AGENCY shall carry out applicable requirements of 49
CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by AGENCY to carry
out these requirements is a material breach of contract, which may result in the termination of the
applicable Supplement or this Agreement, or such other remedy as MTC deems appropriate.
3. TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
AGENCY agrees to comply with all the requirements imposed by Title VI of the
Civil Rights Act of 1964 (42 U.S.C. § 2000(d)) and the regulations of the Department
of Transportation issued thereunder (49 CFR Part 21). For FTA-funded projects,
AGENCY further agrees to comply with the current FTA Circular 4702.11 B, "Title VI
Requirements and Guidelines for Federal Transit Administration Recipients,", the U.S.
DOT Order to Address Environmental Justice in Minority Populations and Low -
Income Populations, and the U.S. DOT Policy Guidance Concerning Recipients'
Responsibilities to Limited English Proficient (LEP) Persons.
4. ACCESS REQUIREMENTS FOR INDIVIDUALS WITH DISABILITIES
AGENCY agrees to comply with all applicable requirements of the Americans with Disabilities
Act of 1990 (ADA), as amended, 42 U.S.C. § 12101 et seq.; Section 504 of the Rehabilitation Act of
1973, as amended, 29 U.S.C. § 794; Section 16 of the Federal Transit Act, as amended, 49 U.S.C. §
5310(f); and their implementing regulations.
5. STATE ENERGY CONSERVATION PLAN
MTC/City of Campbell
Master Funding Agreement
Page 13
AGENCY shall comply with all mandatory standards and policies relating to energy efficiency
that are contained in the State energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (42 U.S.C. § 6321).
6. ALLOWABILITY OF COSTS
AGENCY shall comply with the cost principles (as applicable) in Office of Management and
Budget (OMB) Circulars A-87, or A-122, or 48 Code of Federal Regulations Chapter 1 Part 31, or 49
Code of Federal Regulations Part 18, or in 2 Code of Federal Regulations Parts 200 and 1201, as
applicable. In addition, all subcontracts must be in accordance with 2 Code of Federal Regulations Part
200, as applicable, MTC's funding agreement with DOT and any regulations, guidelines and circulars of
DOT, applicable as a result of such funding agreement. Further, all subconsultants shall agree to comply
with 48 Code of Federal Regulations, Chapter 1, Part 31.
7. LICENSE FOR FEDERAL GOVERNMENT PURPOSES
FTA/FHWA reserves a royalty -free, non-exclusive and irrevocable license to reproduce, publish
or otherwise use, and to authorize others to use, for federal government purposes: (a) the copyright in
any work developed under the applicable Supplement; and (b) any rights of copyright to which MTC or
AGENCY purchases ownership under the applicable Supplement.
8. IDENTIFICATION OF DOCUMENTS
All reports and other documents completed as part of the applicable Supplement shall carry the
following notation on the front cover or title page:
"The preparation of this report has been financed in part by grants from the: [select appropriate
agency] Federal Transit Administration/Federal Highway Administration, U.S. Department of
Transportation. The contents of this report do not necessarily reflect the official views or policy of the
U.S. Department of Transportation."
9. AUDITS
AGENCY agrees to grant MTC, the U.S. DOT, FTA or FHWA, as applicable, the Comptroller
General of the United States, the State of California, and their authorized representatives access to
AGENCY's books, records, accounts, and any and all work products, materials, and other data relevant
to the applicable Supplement, for the purpose of making an audit, examination, excerpt and transcription
during the term of the applicable Supplement and for the period specified in Article 14. AGENCY shall
in no event dispose of, destroy, alter, or mutilate said books, records, accounts, work products, materials
and data for that period of time. If, as a result of any audit, it is determined by the auditor that
reimbursement of any costs including profit or fee under the applicable Supplement was in excess of that
represented and relied upon during price negotiations or represented as a basis for payment, AGENCY
agrees to reimburse MTC for those costs within sixty (60) days of written notification by MTC.
AGENCY further agrees to include in all its subcontracts hereunder exceeding $25,000 a
provision to the effect that the subrecipient agrees that MTC the U.S. DOT, FTA or FHWA, as
applicable, the Comptroller General of the United States, the State of California, and their authorized
representatives shall have access to and the right to examine any directly pertinent books, documents,
papers, and records of such subrecipient for the term specified above.
MTC/City of Campbell
Master Funding Agreement
Page 14
10. FLY AMERICA REQUIREMENTS.
AGENCY agrees to comply with 49 U.S.C. 40118 (the "Fly America Act") in accordance with
the General Services Administration's regulations at 41 CFR Part 301 - 10, which provide that recipients
and subrecipients of Federal funds and their consultants are required to use U.S. flag air carriers for U.S.
Government -financed international air travel and transportation of their personal effects or property to
the extent such service is available, unless travel by foreign air carrier is a matter of necessity as defined
by the Fly America Act. AGENCY shall submit, if a foreign air carrier was used, an appropriate
certification or memorandum adequately explaining why service by a U.S. flag air carrier was not
available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate
of compliance with the Fly America requirements, if used. AGENCY agrees to include the
requirements of this Section in all subcontracts that may involve international air transportation.
11. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED
ACTS.
A. AGENCY acknowledges that the provisions of the Program Fraud Civil Remedies Act of
1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil
Remedies," 49 CFR Part 31, apply to its actions pertaining to this Project. Upon execution of the
underlying contract, AGENCY certifies or affirms the truthfulness and accuracy of any statement it has
made, it makes, it may make, or causes to be made, pertaining to the underlying Supplement or the FTA
assisted project for which work is being performed under the applicable Supplement. In -addition to
other penalties that may be applicable, AGENCY further acknowledges that if it makes, or causes to be
made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal
Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986
on AGENCY to the extent the Federal Government deems appropriate.
B. AGENCY also acknowledges that if it makes, or causes to be made, a false, fictitious, or
fraudulent claim, statement, submission, or certification to the Federal Government under a contract
connected with a project that is financed in whole or in part with Federal assistance originally awarded
by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the
penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on AGENCY, to the extent the Federal
Government deems appropriate.
C. AGENCY agrees to include the above two clauses in each subcontract financed in whole
or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be
modified, except to identify the subconsultant who will be subject to the provisions.
12. NO FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIES
MTC and AGENCY acknowledge and agree that, notwithstanding any concurrence by the
Federal Government in or approval of the applicable Supplement or this Agreement, absent the express
written consent by the Federal Government, the Federal Government is not a party to this Agreement
and shall not be subject to any obligations or liabilities to MTC, AGENCY or any other party (whether
or not a party to this Agreement) pertaining to any matter resulting from this Agreement.
13. DEBARMENT
This Article is only applicable if the applicable Supplement exceeds $25,000. AGENCY certifies
that neither it, nor any of its participants, principals or subrecipients is or has been debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions, as they
are defined in 2 CFR Parts 180 and 1200, by any Federal agency or department.
MTC/City of Campbell
Master Funding Agreement
Page 15
14. CLEAN AIR AND WATER POLLUTION ACTS
This Article is only applicable if the applicable Supplement exceeds $150,000. AGENCY
agrees to comply with the applicable requirements of all standards, orders, or requirements issued under
the Clean Air Act (42 U.S.C. § 7401 et seq.), the Clean Water Act (33 U.S.C. § 1251 et seq.),.
15. LOBBYING
This Article is only applicable if the applicable Supplement exceeds $100,000. AGENCY
agrees to comply with the restrictions on the use of federal funds for lobbying activities set forth in 31
United States Code §1352 and 49 C.F.R. Part 20.
Attachments:
Attachment A — Federally Required Certifications (AGENCY shall either provide these certifications to
MTC or shall provide copies of such certifications AGENCY has independently made to the Federal
Government.)
MTC/City of Campbell
Master Funding Agreement
Page 16
EXHIBIT B-2
ATTACHMENT A
FEDERALLY REQUIRED CERTIFICATIONS
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS
I
Instructions for Certification:
1. By signing and submitting this bid or proposal, the prospective lower tier participant is
providing the signed certification set out below.
2. The certification in this clause is a material representation of fact upon which reliance was
placed when this transaction was entered into. If it is later determined that the prospective lower tier
participant knowingly rendered an erroneous certification, in addition to other remedies available to the
Federal Government, MTC may pursue available remedies, including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to MTC if at any
time the prospective lower tier participant learns that its certification was erroneous when submitted or
has become erroneous by reason of changed circumstances.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered
transaction," "participant," "persons," "lower tier covered transaction," "principal," "proposal," and
"voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage
sections of rules implementing Executive Order 12549. You may contact MTC for assistance in
obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the
proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered
transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from
participation in this covered transaction, unless authorized in writing by MTC.
6. The prospective lower tier participant further agrees by submitting this proposal that it will
include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion — Lower Tier Covered Transaction", without modification, in all lower tier covered
transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant
in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded
from the covered transaction, unless it knows that the certification is erroneous. A participant may
decide the method and frequency by which it determines the eligibility of its principals. Each participant
may, but is not required to, check the Nonprocurement List issued by U.S. General Service
Administration.
MTC/City of Campbell
Master Funding Agreement
Page 17
8. Nothing contained in the foregoing shall be construed to require establishment of system of
records in order to render in good faith the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
9. Except for transactions authorized under Paragraph 5"of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition
to all remedies available to the Federal Government, MTC may pursue available remedies including
suspension and/or debarment.
MTC/City of Campbell
Master Funding Agreement
Page 18
CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
INELIGIBILITY AND VOLUNTARY EXCLUSION
LOWER TIER COVERED TRANSACTION
(1) The prospective lower tier participant certifies, by submission of this bid or proposal, that
neither it nor its "principals" is presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any Federal department or
agency.
(2) When the prospective lower tier participant is unable to certify to the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
Date
(signature of authorized official)
(type/print name and title)
I,
MTC/City of Campbell
Master Funding Agreement
Page 19
CERTIFICATION OF RESTRICTIONS ON LOBBYING
(name and title of grantee
official)
hereby certify on behalf of
(name of grantee)
that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement.
2. 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 agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award
documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under grants,
loans, and cooperative agreements) and that all sub recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance is placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into
this transaction imposed by Section 1352, Title 31, U.S. Code. Any person 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.
Executed this day of
am
,20
(signature of authorized official)
(title of authorized official)
Exhibit B
WM I I M 21 FA 11 M I a` LVI 161 .Al 011 RX4191►! M►
(STATE -REQUIRED CLAUSES)
1) Attachment A — Fair Employment Practices Addendum
2) Attachment B — Nondiscrimination Assurances
a. Appendix A — Clauses to be inserted in every agreement subject to the ACT, as
defined in Attachment B of this Exhibit and REGULATIONS, also as defined in
Attachment B.
b. Appendix B — To be included as covenant running with the land, in any deed
affecting a transfer of real property, structures, or improvements thereon, or
interest therein
c. Appendix C — To be included for subsequent transfer of real property acquired or
improved under federal -aid Program
d. Appendix D — To be included for the construction or use of or access to space on,
over, or under real property acquired or improved under the federal -aid Program
3) Attachment C — State Department of Transportation Requirements
MTC/City of Campbell
Master Funding Agreement
Page 21
EXHIBIT B-3
ATTACHMENT A
FAIR EMPLOYMENT PRACTICES ADDENDUM
1. In the performance of the applicable Supplement, AGENCY shall not discriminate against any
employee for employment because of sex, race, color, ancestry, religious creed, national origin,
physical disability (including HIV and AIDS), mental disability, medical condition (e.g. cancer),
age (over 40), marital status, and denial of family care leave. AGENCY shall 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.
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. AGENCY, its contractor(s) and all subcontractors shall comply with the provisions of the Fair
Employment and Housing Act (Government Code Section 12900 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 the applicable Supplement by reference and
made a part hereof as if set forth in full. Each of the 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. AGENCY shall include the nondiscrimination and compliance provisions of this clause in all
contracts and subcontracts to perform work under the applicable Supplement.
4. AGENCY shall 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 the
applicable Supplement.
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 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 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.
MTC/City of Campbell
Master Funding Agreement
Page 22
(b) For willful violation of this Fair Employment Provision, STATE shall have the right to
terminate the applicable Supplement 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 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 AGENCY, the difference between the price named in the
Agreement and the actual cost thereof to STATE to cure AGENCY's breach of the applicable
Supplement.
MTC/City of Campbell
Master Funding Agreement
Page 23
EXHIBIT B-3
ATTACHMENT B
NONDISCRIMINATION ASSURANCES
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 AGENCY receives federal financial
assistance from the Federal Department ' of Transportation. AGENCY HEREBY GIVES
ASSURANCE THAT AGENCY shall promptly take any measures necessary to effectuate the
applicable Supplement. This assurance is required by subsection 21.7(a) (1) of the
REGULATIONS.
More specifically, and without limiting the above general assurance, AGENCY hereby gives the
following specific assurances with respect to its federal -aid Program:
1. That 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 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: AGENCY hereby notifies all bidders
that it will affirmatively insure that in any agreement entered into pursuant to this advertisement,
minority business enterprises will be afforded full opportunity to submit bids in response to this
invitation and will not be discriminated against on the grounds of race, color, sex, national origin,
religion, age, or disability in consideration for an award.
3. That 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 affecting a transfer of real property, structures, or improvements thereon, or
interest therein.
MTC/City of Campbell
Master Funding Agreement
Page 24
5. That where 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.
6. That where 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 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 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 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 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 AGENCY retains ownership or possession of the property.
9. That 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 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 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. 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. AGENCY shall take all necessary and
MTC/City of Campbell
Master Funding Agreement
Page 25
reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and
administration of STATE assisted contracts. The California Department of Transportation
Disadvantaged Business Enterprise Program Implementation Agreement for Local Agencies is
incorporated by reference in the applicable Supplement. Implementation of this program is a legal
obligation and failure to carry out its terms shall be treated as a violation of the applicable
Supplement. Upon notification to the recipient of its failure to carry out the 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 (31 USC 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 AGENCY by STATE, acting for the U.S. Department of Transportation,
and is binding on AGENCY, other recipients, subgrantees, applicants, sub -applicants, transferees,
successors in interest and other participants in the federal -aid Highway Program.
MTC/City of Campbell
Master Funding Agreement
Page 26
APPENDIX A TO ATTACHMENT B
(Clauses to be inserted in every agreement subject to ACT and REGULATIONS)
During the performance of the applicable Supplement, AGENCY, for itself, its assignees and
successors in interest (hereinafter collectively referred to as AGENCY) agrees as follows:
(1) Compliance with Regulations: 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 the applicable Supplement.
(2) Nondiscrimination: 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. 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 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 AGENCY of the AGENCY's
obligations under the applicable Supplement and the REGULATIONS relative to
nondiscrimination on the grounds of race, color, or national origin.
(4) Information and Reports: AGENCY shall provide all information and reports required by the
REGULATIONS, or directives issued pursuant thereto, and shall permit access to 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 AGENCY is in the exclusive possession of another
who fails or refuses to furnish this information, AGENCY shall so certify to STATE or the FHWA
as appropriate, and shall set forth what efforts AGENCY has made to obtain the information.
(5) Sanctions for Noncompliance: In the event of AGENCY's noncompliance with the
nondiscrimination provisions of the applicable Supplement, 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 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: 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.
AGENCY shall take such action with respect to any sub -agreement or procurement as STATE or
FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance,
provided, however, that, in the event AGENCY becomes involved in, or is threatened with,
MTC/City of Campbell
Master Funding Agreement
Page 27
litigation with a sub -applicant or supplier as a result of such direction, AGENCY may request
STATE enter into such litigation to protect the interests of STATE, and, in addition, AGENCY
may request the United States to enter into such litigation to protect the interests of the United
States.
MTC/City of Campbell
Master Funding Agreement
Page 28
APPENDIX B TO ATTACHMENT B
(To be included as covenant running with the land, in any deed affecting a transfer of real
property, structures, or improvements thereon, or interest therein)
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 AGENCY shall 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 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 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 AGENCY,
its successors and assigns.
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 AGENCY shall use the lands and interests in elands 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
MTC/City of Campbell
Master Funding Agreement
Page 29
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.
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Master Funding Agreement
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APPENDIX C TO ATTACHMENT B
(To be included for subsequent transfer of real property acquired or improved under federal -aid
Program)
The following clauses shall be included in any and all deeds, licenses, leases, permits, or similar
instruments entered into by AGENCY, pursuant to the provisions of Assurance 7(a) of Attachment
I-2.
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, 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, 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 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.
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APPENDIX D TO ATTACHMENT B
Appendix D — (To be included for the construction or use of or access to space on, over, or under
real property acquired or improved under the federal -aid Program)
The following shall be included in all deeds, licenses, leases, permits, or similar agreements
entered into by AGENCY, pursuant to the provisions of Assurance 7 (b) of Attachment I-2.
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, 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, 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 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.
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EXHIBIT B-3
ATTACHMENT C
STATE DEPARTMENT OF TRANSPORTATION REQUIREMENTS
Caltrans Non — Discrimination
A. In the performance of work undertaken pursuant to the applicable Supplement, AGENCY
shall not, and shall affirmatively require that its contractors shall not, unlawfully discriminate,
harass or allow harassment, against any employee or applicant for employment because of sex,
race, color, ancestry, religious creed, national origin, physical disability (including HIV and
AIDS), medical condition (cancer), age, marital status, denial of family and medical care leave,
and denial of pregnancy disability leave.
B. AGENCY shall ensure, and shall require that its contractors and all subcontractors and/or
subrecipients shall ensure, that the evaluation and treatment of their employees and applicants for
employment are free from such discrimination and harassment. AGENCY shall comply, and
ensure that its contractors and subcontractors and/or subrecipients shall comply, with the
provisions of the Fair Employment and Housing Act (Government Code, Section 12900 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 12990 (af), set forth in Chapter 5 of
Division 4 of Title 2 of the California Code of Regulations, are incorporated into the applicable
Supplement by reference and made a part hereof as if set forth in full.
C. Each of AGENCY's contractors, subcontractors, and/or subrecipients shall give written notice
of their obligations under this clause to labor organizations with which they have collective
bargaining or other labor agreements. AGENCY shall include the non-discrimination and
compliance provisions hereof in all contracts and subcontracts to perform work under the
applicable Supplement.
D. AGENCY shall comply with the nondiscrimination program requirements of Title VI of the
Civil Rights Act of 1964. Accordingly, 49 CFR Part 21, and 23 CFR Part 200 are made
applicable to the applicable Supplement by this reference. Wherever the term "Contractor"
appears therein, it shall mean AGENCY.
E. AGENCY shall permit, and shall require that its contractors, subcontractors, and subrecipients
will permit, access to all records of employment, employment advertisements, application forms,
and other pertinent data and records by the State Fair Employment Practices and Housing
Commission or any other agency of the State of California designated by STATE to investigate
compliance with these non-discrimination provisions.
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EXHIBIT B-4
ADDITIONAL TERMS AND CONDITIONS
(PREVAILING WAGE RATES, APPRENTICESHIPS, AND PAYROLL RECORDS
NON FEDERALLY FUNDED AGREEMENTS)
AGENCY'S contractor(s) and all subcontractors shall comply with applicable sections of
the California Labor Code and regulations promulgated thereunder (including without limitation,
Sections 1720 et seq. and Title 8 of the California Code of Regulations Sections 16000 et seq.)
governing the payment of prevailing wages, as determined by the Director of the California
Department of Industrial Relations, in regards to work performed and/or funded under this
Agreement. In particular, AGENCY's attention is drawn to Labor Code Sections 1771 (payment
of prevailing wage rate), 1775 (penalty for non-payment), 1776 (payroll records), and 1777.5
(use of apprentices). AGENCY'S contractor(s) and all subcontractors, to the extent the work of
such contractor(s) and subcontractors under this Agreement are subject to California Labor Code
Section 1720 et seq., shall be registered with the Department of Industrial Relations pursuant to
Labor Code section 1725.5 and shall furnish electronic certified payroll records directly to the
Labor Commissioner through the internet portal of the Division of Labor Standards
Enforcement. Per Master Funding Agreement Article 12.0, Records and 13.0 Audits, MTC
reserves the right to request copies of the certified payroll records.
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ADDITIONAL TERMS AND CONDITIONS
(PREVAILING WAGE RATES, APPRENTICESHIPS, AND PAYROLL RECORDS
FEDERALLY FUNDED AGREEMENTS)
The Additional Federal Clauses Applicable to Public Works included in Attachment A,
attached hereto and incorporated herein by this reference, and the Davis -Bacon prevailing wages
apply to work performed and/or funded under the applicable Supplement. AGENCY agrees that
AGENCY will require its contractor(s) and all subcontractors will pay the higher of (i) the
applicable wage set forth in Federal Wage Determinations, and (ii) the applicable California
prevailing rate. Certified payroll records in the form set forth in the Public Works Payroll
Reporting Form, as found at https://wwiv.dol.gov/whd/forms/wh347.pdf, shall be prepared or
collected from its contractor(s) and all subconsultant(s) on a weekly basis by the AGENCY. Per
Master Funding Agreement Article 12.0, Records and 13.0 Audits, MTC reserves the right to
request copies of the certified payroll records. MTC may withhold payment if the certified
payrolls to be submitted by AGENCY pursuant to this Exhibit B-5, Prevailing Wage Rates,
Apprenticeships, and Payroll Records, are not current.
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EXHIBIT B-5
ATTACHMENT A
ADDITIONAL FEDERAL CLAUSES APPLICABLE TO PUBLIC WORKS
1. Buy America
2. Davis -Bacon Act
3. Contract Work Hours and Safety Standards Act
4. Copeland Anti -Kickback Act
5. Prompt Payment of Funds Withheld to Subcontractors
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1. Buy America Requirements
The Buy America regulation at 49 C.F.R. § 661.13 requires notification of the Buy America
requirements in a recipients' bid or request for proposal for FTA funded contracts. Recipients
can draw on the following language for inclusion in their federally funded procurements. Note
that recipients are responsible for including the correct Buy America certification based on what
they are acquiring. Recipients should not include both the rolling stock and steel, iron, or
manufactured products certificates in the documents unless acquiring both in the same
procurement.
Buy America
The contractor agrees to comply with 49 U.S.C. 53230) and 49 C.F.R. part 661, which provide
that Federal funds may not be obligated unless all steel, iron, and manufactured products used in
FTA funded projects are produced in the United States, unless a waiver has been granted by FTA
or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. § 661.7.
Separate requirements for rolling stock are set out at 49 U.S.C. 53230)(2)(C) and 49 C.F.R. §
661.11.
The [bidder or offeror] must submit to [Recipient] the appropriate Buy America certification
below with its [bid or offer]. Bids or offers that are not accompanied by a completed Buy
America certification will be rejected as nonresponsive.
In accordance with 49 C.F.R. § 661.6, for the procurement of steel, iron or manufactured
products, use the certifications below:
Certificate of Compliance with Buy America Requirements
The bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C.
53230)(1), and the applicable regulations in 49 C.F.R. part 661.
Date:
Signature:
Company:
Name:
Title:
Certificate of Non -Compliance with Buy America Requirements
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C.
53230), but it may qualify for an exception to the requirement pursuant to 49 U.S.C. 53230)(2),
as amended, and the applicable regulations in 49 C.F.R. § 661.7.
Date:
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Signature:
Company:
Name:
Title:
In accordance with 49 C.F.R. § 661.12, for the procurement of rolling stock (including train
control, communication, and traction power equipment) use the following certifications:
Certificate of Compliance with Buy America Rolling Stock Requirements
The bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C.
53230), and the applicable regulations of 49 C.F.R. § 661.11.
Date:
Signature:
Company:
Name:
Title:
Certificate of Non -Compliance with Buy America Rolling Stock Requirements
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C.
53230), but may qualify for an exception to the requirement consistent with 49 U.S.C.
53230)(2)(C), and the applicable regulations in 49 C.F.R. § 661.7.
Date:
Signature:
Company:
Name:
Title:
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2. DAVIS-BACON ACT
For all prime construction, alteration or repair contracts in excess of $2,000 awarded by FTA, the
Contractor shall comply with the Davis -Bacon Act and the Copeland "Anti -Kickback" Act.
Under 49 U.S.C. § 5333(a), prevailing wage protections apply to laborers and mechanics
employed on FTA assisted construction, alteration, or repair projects. The Contractor will
comply with the Davis -Bacon Act, 40 U.S.C. §§ 3141-3144, and 3146-3148 as supplemented by
DOL regulations at 29 C.F.R. part 5, "Labor Standards Provisions Applicable to Contracts
Governing Federally Financed and Assisted Construction." In accordance with the statute, the
Contractor shall pay wages to laborers and mechanics at a rate not less than the prevailing wages
specified in a wage determination made by the Secretary of Labor. In addition, the Contractor
agrees to pay wages not less than once a week. The Contractor shall also comply with the
Copeland "Anti -Kickback" Act (40 U.S.C. § 3145), as supplemented by DOL regulations at 29
C.F.R. part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in
Whole or in part by Loans or Grants from the United States." The Contractor is prohibited from
inducing, by any means, any person employed in the construction, completion, or repair of public
work, to give up any part of the compensation to which he or she is otherwise entitled.
3. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
For all contracts in excess of $100,000 that involve the employment of mechanics or laborers,
the Contractor shall comply with the Contract Work Hours and Safety Standards Act (40 U.S.C.
§§ 3701; 3708), as supplemented by the DOL regulations at 29 C.F.R. part 5. Under 40 U.S.C. §
3702 of the Act, the Contractor shall compute the wages of every mechanic and laborer,
including watchmen and guards, on the basis of a standard work week of 40 hours. Work in
excess of the standard work week is permissible provided that the worker is compensated at a
rate of not less than one and a half times the basic rate of pay for all hours worked in excess of
40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction
work and provide that no laborer or mechanic be required to work in surroundings or under
working conditions which are unsanitary, hazardous or dangerous. These requirements do not
apply to the purchase of supplies or materials or articles ordinarily available on the open market,
or to contracts for transportation or transmission of intelligence.
In the event of any violation of the clause set forth herein, the Contractor and any subcontractor
responsible therefor shall be liable for the unpaid wages. In addition, the Contractor and
subcontractor shall be liable to the United States (in the case of work done under contract for the
District of Columbia or a territory, to such District or to such territory), for liquidated damages.
Such liquidated damages shall be computed with respect to each individual laborer or mechanic,
including watchmen and guards, employed in violation of this clause in the sum of $10 for each
calendar day on which such individual was required or permitted to work in excess of the
standard workweek of forty hours without payment of the overtime wages required by this
clause.
The FTA shall upon its own action or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from any moneys payable on account of
work performed by the Contractor or subcontractor under any such contract or any other Federal
contract with the same prime Contractor, or any other federally -assisted contract subject to the
Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor,
such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or
subcontractor for unpaid wages and liquidated damages as provided in this section.
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The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in this
section and also a clause requiring the subcontractors to include these clauses in any lower tier
subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or
lower tier subcontractor with the clauses set forth in this agreement.
4. COPELAND ANTI -KICKBACK ACT
Compliance with Copeland Act requirements - The AGENCY's contractor shall comply with
the requirements of 29 CFR part 3, which are incorporated by reference in this contract.
5. PROMPT PAYMENT OF FUNDS WITHHELD TO SUBCONTRACTORS
The AGENCY shall hold retainage from the prime contractor and shall make prompt and regular
incremental acceptances of portions, as determined by the agency of the contract work and pay
retainage to the prime contractor based on these acceptances. The AGENCY's prime contractor
or subcontractor shall return all monies withheld in retention from a subcontractor within 30 days
after receiving payment for work satisfactorily completed and accepted including incremental
acceptances of portions of the contract work by the agency. Federal regulation (49 CFR 26.29)
requires that any delay or postponement of payment over 30 days may take place only for good
cause and with the agency's prior written approval. Any violation of this provision shall subject
the violating AGENCY's prime contractor or subcontractor to the penalties, sanctions, and other
remedies specified in Section 7108.5 of the California Business and Professions Code. These
requirements shall not be construed to limit or impair any contractual, administrative, or judicial
remedies otherwise, available to the prime contractor or subcontractor in the event of a dispute
involving late payment, or nonpayment by the prime contractor, deficient subcontract
performance, or noncompliance by a subcontractor. This provision applies to both DBE and
non -DBE prime contractors and subcontractors.
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ADDITIONAL TERMS AND CONDITIONS
(REGIONAL TOLL FUNDS INCLUDING RM1, RM2, RM3, AND AB 1171)
Recitals
WHEREAS, Streets and Highways Code (SHC) Sections 30950 et seq, created the Bay
Area Toll Authority (`BATA") which is a public instrumentality governed by the same board as
that governing MTC; and
WHEREAS, pursuant to SHC Section 31010(b), funds generated in excess of those needed
to meet the toll commitments as specified by paragraph (4) of subdivision (b) of Section 188.5 of
the SHC shall be available to BATA for funding projects consistent with SHC Sections 30913 and
30914;and
WHEREAS, MTC adopted Resolution No. 3434, Revised, which establishes commitments
of bridge toll funds, including such AB 1171 funds, to specific projects and corridors; and
WHEREAS, on November 8, 1988, voters approved Regional Measure 1 ("RM1"), which
authorized a standard auto toll of $1 on the seven state-owned toll bridges in the San Francisco
Bay Area to fund various transportation projects within the region; and
WHEREAS, on March 2, 2004, voters approved Regional Measure 2 ("RM2"), increasing
the toll for all vehicles on the seven state-owned toll bridges in the San Francisco Bay Area by
$1.00 to fund various transportation projects within the region that have been determined to reduce
congestion or to improve travel in the toll bridge corridors; and
WHEREAS, RM2 established the Regional Traffic Relief Plan and listed specific capital
projects and programs and transit operating assistance as eligible to receive RM2 funding as
identified in SHC Section 30914(c) and (d). The funding amounts assigned to certain of the
programs and projects were subsequently revised by MTC Resolution No. 3 80 1; and
WHEREAS, to the extent the Project -is receiving RM2 funding hereunder, SHC Section
30914(c) lists the Project to which this Exhibit B-6 and the applicable Supplement apply as one
such eligible transportation project and designates AGENCY as project sponsor; and
WHEREAS, pursuant to MTC Resolution No. 3 63 6, MTC established procedures whereby
eligible transportation project sponsors may submit allocation requests for Regional Measure 2
Bridge Toll funding. A copy of MTC Resolution No. 3636 is attached hereto and incorporated
herein as Attachment D, MTC Resolution No. 3636; and
WHEREAS, on June 5, 2018, voters approved Regional Measure 3 ("RM3"), increasing
the toll for all vehicles on the seven state-owned toll bridges in the San Francisco Bay Area by
three successive $1.00 tolls (applied on January 1, 2019, January 1, 2022, and January 1, 2025) to
fund various transportation projects within the region that have been determined to reduce
congestion or to improve travel in the toll bridge corridors; and
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WHEREAS, RM3 established the Regional Measure 3 Expenditure Plan and listed specific
capital projects and operating assistance programs as eligible to receive RM3 funding as identified
in SHC Section 30914.7(a) and (c); and
WHEREAS, to the extent the Project is receiving RM3 funding hereunder, SHC Section
30914.7(a) lists the Project or SHC Section 30914.7(c) lists the operating assistance program to
which this Exhibit B-6 and the applicable Supplement apply as one such eligible transportation
project and designates AGENCY as project sponsor; and
WHEREAS, pursuant to MTC Resolution No. 4404, MTC established procedures whereby
eligible transportation project sponsors may submit allocation requests for RM3 Bridge Toll
funding. A copy of MTC Resolution No. 4404 is attached hereto and incorporated herein as
Attachment E, MTC Resolution No. 4404; and
WHEREAS, AGENCY submitted one or more allocation requests for RM2, RM3, AB
1171, and/or RM1 funding for the Project to which this Exhibit B-6 applies. A copy of the
applicable allocation request(s) as well as AGENCY's resolution(s) approving the allocation
request(s) are attached to the applicable Supplement and incorporated herein as Attachment A,
Updated Initial Project Report, and Attachment B, AGENCY Resolution(s), respectively; and
WHEREAS, by the resolution(s) attached to the applicable Supplement and incorporated
herein as Attachment C, MTC Resolution(s)Approving Project Request, MTC approved
AGENCY's request(s) for the applicable funds for the applicable Project.
I. AGENCY AGREES
A. AGENCY agrees to perform or caused to be performed the activities described in
Attachment A, Updated Initial Project Report. AGENCY will provide all necessary staffing and
support resources to complete the Project as described in Attachment A, AGENCY agrees to
meet all conditions listed in Attachment C, MTC Resolution(s)Approving Project Request.
B. AGENCY shall provide MTC with annual progress reports throughout the term of this
Agreement in accordance with the monitoring and reporting requirements specified in MTC
Resolution No. 3636, Revised (if receiving RM2 funds) and/or MTC Resolution No. 4404 (if
receiving RM3 funds).
C. AGENCY shall submit invoices to MTC no less than annually, but may submit invoices as
frequently as monthly. In either case, AGENCY shall submit an invoice to MTC within thirty (30)
days after the end of each period for which payment is sought covering costs for the Project
activities accomplished through the end of such period, not covered by previously submitted
invoices. Each invoice shall. be supported by the following information: (i.) A brief narrative
progress report of the activities accomplished during the invoice period, including the percentage
of the contract complete and the percentage of funding expended; (ii.) the costs requested for
reimbursement with RM1, RM2, RM3 and/or AB 1171 funds, as applicable; (iii.) the total costs
expended for the invoice period broken down by type and source of funding; (iv.) the total RM1,
RM2, RM3 and/or AB 1171 funds, as applicable received as reimbursement to date; (v.) the total
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costs expended for project name to date broken down by type and source of funding; and (vi.) any
additional supporting data in a form and detail required by MTC.
D. AGENCY agrees to spend RM1, RM2, RM3 and/or AB 1171 funds, as applicable, at a rate
not exceeding the schedule attached to the applicable Supplement and incorporated herein as
Attachment F, Reimbursement Schedule.
E. AGENCY shall comply with and shall assure that any AGENCY contractor performing
Project work with RM1, RM2, RM3 and/or AB 1171 funds, as applicable, received under this
Agreement complies with MTC Resolution No. 3636, Revised (if receiving RM2 funds) and/or
MTC Resolution No. 4404 (if receiving RM3 funds), as well as the provisions of MTC's RM2
Policies and Procedures contained in MTC Resolution No. 3636, Revised (if receiving RM2 funds)
and/or MTC Resolution No. 4404 (if receiving RM3 funds), relative to constructing, operating,
and maintaining the Project. MTC may update Resolution No. 3636 or Resolution No. 4404 from
time to time. The AGENCY agrees to comply with the most current Resolution that is approved
at any given time.
F. AGENCY is responsible for completing the Project within cost, scope and schedule as
described in Attachment A, Updated Initial Project Report, as it may be updated from time to time.
Any updates must be approved by AGENCY and MTC in writing before being incorporated into
this Agreement.
G. AGENCY certifies that:
• The Project is consistent with the Regional Transportation Plan ("RTP").
• The Project is exempt from environmental review or all environmental permits or
clearances necessary for the Project have been or will be obtained, and the year of Project
funding for the construction phase of the Project has taken into consideration the time
necessary to obtain permitting approval for the Project as an operable and useable segment.
• The Project or portion thereof to be funded under this Agreement will be fully funded upon
the execution of the applicable Supplement.
• AGENCY has reviewed the Project needs and has adequate internal staffing and support
resources to deliver and complete the Project within the cost, scope, and schedule set forth
in the Initial Project Report, as updated, attached to the applicable Supplement as
Attachment A.
• If applicable to the Project, AGENCY is an eligible sponsor of projects in MTC Resolution
No. 3434, Revised.
• If applicable to the Project, AGENCY is an eligible sponsor of projects in MTC Resolution
No. 4404.
• If applicable, AGENCY is authorized to submit an application for RM2 funds for the
Project in accordance with SHC Section 30914(c).
• If applicable, AGENCY is authorized to submit an application for RM3 funds for the
Project in accordance with SHC Section 30914.7(a) or 30914.7(c).
• If applicable, AGENCY is authorized to submit an application for AB 1171 funds for the
Project in accordance with SHC Section 31010(b).
• The Project is in compliance with the requirements of the California Environmental Quality
Act (Public Resources Code Section 21000 et seq.), and with the State Environmental
Impact Report Guidelines (14 California Code of Regulations Sections 15000 et seq.), and
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if relevant, the National Environmental Policy Act (NEPA) (42 USC 4321 et seq.) and the
applicable regulations thereunder.
• There is no legal impediment to AGENCY making allocation requests for RM1, RM2,
RM3 and/or AB 1171 funds, as applicable.
• There is no pending or threatened litigation which might in any way adversely affect the
Project or the ability of AGENCY to deliver such Project.
• For bus operators, AGENCY has submitted a copy of the California Highway Patrol (CHP)
certification, which was issued within the last 13 months indicating compliance with
California Vehicle Code § 1808.1 and Public Utility Code §99251 (CHP "pull notice system
and periodic reports").
• For ferry operators, AGENCY certifies that it is current on all inspections and certifications
required by federal and state agencies.
• If RM3 funding was received in the prior year, AGENCY has included the RM3 costs
and revenues in its general fiscal audit for that year. AGENCY also assures that it will
include the RM3 costs and revenues in its general fiscal audit for the year in which funds
are requested.
H. In addition to AGENCY's commitment under Article 10, INDEMNIFICATION, of the
Master Funding Agreement, AGENCY agrees at its own cost, expense, and risk to defend any and
all claims, actions, suits, or other legal proceedings brought or instituted against MTC, its
Commissioners, representatives, agents, and employees, or any of them, arising out of such act or
omission, and to pay and satisfy any resulting judgments. In addition to any other remedy
authorized by law, so much of the funding due under this allocation of RM1, RM2, RM3 and/or
AB 1171 funds, as applicable, as shall reasonably be considered necessary by MTC may be
retained until disposition has been made of any claim for damages.
I. If any revenues or profits from any non -governmental use of the Project are collected by
AGENCY, those revenues or profits shall be used exclusively for the public transportation services
for which the Project was initially approved, either for capital improvements or maintenance and
operational costs, otherwise MTC is entitled to a proportionate share equal to MTC's percentage
participation in the Project. MTC's percentage participation shall equal the amount of funds
allocated to Project, divided by the total Project budget as shown in Attachment E, Reimbursement
Schedule, as updated from time to time, as such amount may be adjusted to reflect total project
costs.
J. Project assets purchased by AGENCY with RM1, RM2, RM3 and/or AB
1171 funds, as applicable, including facilities and equipment, shall be used for
the intended public transportation uses and should said facilities and equipment
cease to be operated or maintained for their intended public transportation
purposes for their useful life, MTC shall be entitled to a present day value
refund or credit (at MTC's option) based on MTC's share of the fair market
value of the facilities and equipment at the time the public transportation uses
ceased, which sum shall be paid back to MTC in the same proportion that RM 1,
RM2, RM3 and/or AB 1171 funds, as applicable, were originally used.
K. AGENCY shall post on both ends of the Project construction site(s), unless
prohibited by the site owner if such owner is not the AGENCY, at least two
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signs visible to the public stating that the Project is funded with RM1, RM2,
RM3 and/or AB 1171 funds, as applicable.
L. AGENCY's City Manager, General Manager, Executive Director, Chief
Executive Officer, or equivalent officer, or designee, is delegated the authority
to make non -substantive changes or minor amendments to the initial project
report as he/she deems appropriate; otherwise, Article 7, AMENDMENTS, of
this Agreement applies.
M. AGENCY agrees to comply with the provisions of MTC Resolution No. 3636, Revised (if
receiving RM2 funds) and/or MTC Resolution No. 4404 (if receiving RM3 funds), and the MTC
Resolutions set forth in Attachment C, MTC Resolution(s) pproving Project Request.
II. MTC AGREES
A. MTC agrees to provide AGENCY with RM1, RM2, RM3 and/or AB 1171 funds, as
applicable, within the allocation amounts in Attachment C, MTC Resolution(s)AApproving Project
Request and as restated in the relevant Supplement for the purpose of funding the Project as
described in Attachment A.
The entire funding amount is available for reimbursement based on the schedule included in
Attachment E, Reimbursement Schedule, to the applicable Supplement. In addition, if applicable,
MTC agrees to support AGENCY's allocation request from the State according to the Allocation
Request Schedule provided in Attachment G to the applicable Supplement.
In the event AGENCY does not use all RM1, RM2, RM3 and/or AB 1171 funds, as applicable,
made available in a given fiscal year, those unused amounts will be available for reimbursement
in subsequent year(s) for the duration of this Agreement. However, RM3 Operating Program funds
will be made available for reimbursement in the subsequent year(s) where allowed by law or
otherwise authorized by the Commission.
III. IT IS MUTUALLY AGREED
A. MTC may terminate the applicable Supplement, in its sole discretion, for any force majeure
event, including but not limited to any earthquake, flood or other natural disaster, any epidemic,
blockade, rebellion, war, act of sabotage or civil commotion, fire, explosion or strike, or prolonged
economic conditions affecting the ability of the Bay Area Toll Authority to make payments to
bond holders who shall in all circumstances have priority to payment of funds, if such event (i)
irrecoverably disrupts or renders impossible AGENCY's performance hereunder; or (ii) disrupts
MTC's ability to make payments hereunder. If MTC so terminates the applicable Supplement,
AGENCY will be entitled to payment for non -recoverable Project costs incurred prior to the date
of such termination, including but not limited to any amounts AGENCY owes to the owner of the
Project construction sites, if such owner is not AGENCY, up to the maximum amount payable
under this Agreement.
B. If AGENCY fails to perform as specified in this Agreement and the applicable Supplement,
MTC may terminate the applicable Supplement or this Agreement for cause. Termination shall be
effected by serving a sixty (60) day advance written notice of termination on AGENCY, setting
MTC/City of Campbell
Master Funding Agreement
Page 45
forth the manner in which AGENCY is in default. If AGENCY does not cure the breach or
describe to MTC's satisfaction a plan for curing the breach within the sixty (60) day period, MTC
may terminate this Agreement or the applicable Supplement for cause. In the event of such
termination for cause, AGENCY will be entitled only to those costs incurred for already completed
Project work, not to exceed the maximum amount payable under this Agreement for such Project
work, however, in no event shall MTC be required to reimburse AGENCY for any costs incurred
for work causing or contributing to the default.
C. If the Project is cancelled, suspended indefinitely, or otherwise not completed for any
reason, AGENCY shall repay MTC any RM1, RM2, RM3 and/or AB 1171 funds, as applicable,
expended that exceed MTC's proportionate share of eligible costs for the Project.
D. Upon completion of the Project, AGENCY will properly account for all Project costs
incurred.
E. The applicable Supplement shall terminate upon closeout of the PROJECT in accordance
with Policies and Procedures in MTC Resolution No. 3636, Revised (if receiving RM2 funds) or
MTC Resolution No. 4404 (if receiving RM3 funds), or on the termination date, if any, set forth
in the Supplement, whichever is sooner.
F. The terms and conditions of this Agreement include the following and each is incorporated
by reference herein as if fully set forth herein.
Attachment A
— Updated Initial Project Report (Allocation Request)
Attachment B
— AGENCY Resolution(s) (and opinion of counsel, if applicable)
Attachment C
— MTC Resolution(s) Approving Project Request(s)
Attachment D
— MTC Resolution No. 3636, Revised
Attachment E —
MTC Resolution No. 4404
Attachment F —
Reimbursement Schedule
Attachment G
— Allocation Request Schedule
MTC/City of Campbell
Master Funding Agreement
Page 46
ADDITIONAL TERMS AND CONDITIONS
(REGIONAL DISCRETIONARY FEDERAL FUNDS INCLUDING STP AND
CMAQ)
Notwithstanding Article 8.0, TERMINATION in the Master Funding Agreement, MTC
may terminate this Agreement without cause upon ten (10) days prior written notice. If MTC
terminates this Agreement without cause, AGENCY shall be entitled to payment for costs
incurred for incomplete deliverables, up to the maximum amount payable for each deliverable.
If AGENCY fails to perform as specified in this Agreement, MTC may terminate this Agreement
for cause by written notice and AGENCY shall be entitled only to costs incurred for work
product acceptable to MTC, not to exceed the maximum amount payable under this Agreement
for such work product.
2. RETENTION OF RECORDS
AGENCY agrees to establish and maintain an accounting system confirming to GAAP
that is adequate to accumulate and segregate reasonable, allowable, and allocable project costs.
AGENCY further agrees to keep all records pertaining to the project being funded for
audit purposes for a minimum of three (3) years following final payment to AGENCY or four (4)
years following the fiscal year of the last expenditure under this Agreement, whichever is longer,
in accordance with generally accepted accounting principles. Copies of AGENCY audits, if any,
performed during the course of Project development and at Project completion shall be
forwarded to MTC no later than one hundred eighty (180) days after fiscal year end close.
3. AUDITS
Notwithstanding Article 13.0, AUDITS in the Master Funding Agreement, AGENCY
agrees to grant MTC, or any agency that provides MTC with funds for the Project, including but
not limited to, the U.S. Department of Transportation, FHWA, the Comptroller General of the
United States, the State, and their authorized representatives access to AGENCY's books and
records for the purpose of verifying that funds are properly accounted for and proceeds are
expended in accordance with the terms of this Agreement. All documents shall be available for
inspection during normal business hours at any time while the Project is underway and for the
retention period specified in Article 4.
AGENCY further agrees to include in all its third -parry contracts hereunder a provision
to the effect that the contractor agrees that MTC, the U.S. Department of Transportation, FHWA,
the Comptroller General of the United States, the State, or any of their duly authorized
representatives shall have access to and the right to examine any directly pertinent books,
documents, papers, and records of such subcontractor, during normal business hours, for the term
specified above. The term "contract" as used in this clause excludes agreements not exceeding
$25,000.
4. -LICENSE TO WORK PRODUCTS
AGENCY hereby grants to MTC an irrevocable, non-exclusive, royalty -free license to
use without restriction and share with any person or entity all drawings, designs, specifications,
manuals, reports, studies, surveys, models, software, source code and source code
documentation, documentation or system architecture, and any other documents, materials, data,
MTC/City of Campbell
Master Funding Agreement
Page 47
and products ("Work Products") developed, prepared, or assembled by AGENCY or AGENCY's
consultant(s) or its subconsultants pursuant to this Agreement. MTC may exercise their licenses
to Work Products through sublicenses to a third parry, without the approval of AGENCY or
AGENCY's consultant(s) or subconsultants. FHWA reserves a royalty -free, non-exclusive and
irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for
federal government purposes: (a) the copyright in any work developed under this Agreement;
and (b) any rights of copyright to which AGENCY or AGENCY's consultant(s) or
subconsultants purchase ownership under this Agreement.
5. EQUAL EMPLOYMENT OPPORTUNITY
In accordance with Title VI of the Civil Rights Act, as amended (42 U.S.C. § 2000d);
Section 303 of the Age Discrimination Act of 1975, as amended (42 U.S.C. § 6102); Section 202
of the Americans with Disabilities Act of 1990 (42 U.S.C. § 12132); and 49 U.S.C. § 5332 for
FTA-funded projects, AGENCY agrees that it shall not, on the grounds of race, religious creed,
color, national origin, age, physical disability or sex, discriminate or permit discrimination.
against any employee or applicant for employment.
6. DISADVANTAGED BUSINESS ENTERPRISES (DBE)
It is the policy of MTC and the U.S. Department of Transportation to ensure
nondiscrimination in the award and administration of DOT -assisted contracts and to create a
level playing field on which disadvantaged business enterprises, as defined in 49 Code of Federal
Regulations Part 26, can compete fairly for contracts and subcontracts relating to MTC's
procurement and professional services activities.
AGENCY shall not discriminate on the basis of race, color, national origin or sex in the
performance of this Agreement. AGENCY shall carry out applicable requirements of 49 CFR
Part 26 in the award and administration of DOT -assisted contracts. Failure by AGENCY to
carry out these requirements is a material breach of contract, which may result in the termination
of this agreement or such other remedy as MTC deems appropriate.
7. TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
AGENCY agrees to comply with all the requirements imposed by Title VI of the Civil
Rights Act of 1964 (47 U.S.C. § 2000(d)) and the regulations of the Department of
Transportation issued thereunder (49 CFR Part 21).
8. ACCESS REQUIREMENTS FOR INDIVIDUALS WITH DISABILITIES
AGENCY agrees to comply with all applicable requirements of the Americans with
Disabilities Act of 1990 (ADA), 42 U.S.C. § 12101 et seq.; Section 504 of the Rehabilitation Act
of 1973, as amended, 29 U.S.C. § 794; Section 16 of the Federal Transit Act, as amended, 49
U.S.C. § 5310(f); and their implementing regulations.
9. STATE ENERGY CONSERVATION PLAN
AGENCY shall comply with all mandatory standards and policies relating to energy
efficiency that are contained in the State energy conservation plan issued in compliance with the
Energy Policy and Conservation Act (42 U.S.C. § 6321).
10. DEBARMENT
AGENCY certifies that neither it, nor any of its participants, principals or subcontractors
is or has been debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
MTC/City of Campbell
Master Funding Agreement
Page 48
excluded from covered transactions, as they are defined in 49 CFR Part 29, by any Federal
agency or department.
11. CLEAN AIR AND WATER POLLUTION ACTS
AGENCY agrees to comply with the applicable requirements of all standards, orders, or
requirements issued under the Clean Air Act (42 U.S.C. § 7501 et seq.), the Clean Water Act (33
U.S.C. § 1251 et seq.), Executive Order 11738, and Environmental Protection Agency
regulations (40 CFR Part 15).
12. LOBBYING
AGENCY agrees to comply with the restrictions on the use of federal funds for lobbying
activities set forth in 31 United States Code §1352 and 49 C.F.R. Part 20.
13. INDEMNIFICATION
Notwithstanding Article 10.0, INDEMNIFICATION, in the Master Funding Agreement
AGENCY shall indemnify and hold harmless MTC, Caltrans, their Commissioners, Directors,
officers, agents and employees from any and all claims, demands, suits, loss, damages, injury
and/or liability (including any and all costs and expenses in connection therewith), incurred by
reason of any act or failure to act of AGENCY, its officers, directors, employees, agents and
contractors, or any of them, under or in connection with this Agreement; and AGENCY agrees at
its own cost, expense and risk to defend any and all claims, actions, suits, or other legal
proceedings brought or instituted against MTC, Caltrans, their Commissioners, Directors,
officers, agents, and employees, or any of them, arising out of such act or omission, and to pay
and satisfy any resulting judgments.
14. COMPLIANCE WITH LAWS
AGENCY shall comply with any and all laws, statutes, ordinances, rules, regulations or
requirements of the federal, state, or local government, and any agency thereof, including, but
not limited to MTC, the U.S. DOT, FHWA, the State, and Caltrans, which relate to or in any
manner affect the performance of this Agreement. Those laws, statutes, ordinances, rules,
regulations, and procedural requirements that are imposed on MTC as an AGENCY of federal or
state funds are hereby in turn imposed on AGENCY (including, but not limited to, 49 CFR Part
18, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and
Local Governments"), and are herein incorporated by this reference and made a part hereof.
AGENCY contractors shall agree to comply with all 48 CFR, Chapter 1, Part 31,
Contract Cost Principles and Procedures. In addition, AGENCY certifies that the AGENCY and
its contractors shall comply with the requirements of the California Environmental Quality Act
(CEQA), California Public Resources Code Section 21,000 et seq. and with the ,State
Environmental Impact Report Guidelines (14 California Code of Regulators Section 15000 et
seq.) and the National Environmental Policy Act (NEPA), 42 U.S.C. Section 4321 et seq. and the
applicable regulations thereunder.
15. IDENTIFICATION OF DOCUMENTS
AGENCY shall ensure that all reports and other documents completed as part of this
Agreement shall carry the following notation on the front cover or title page:
MTC/City of Campbell
Master Funding Agreement
Page 49
"The preparation of this report has been financed in part by grants from the U.S.
Department of Transportation. The contents of this report do not necessarily reflect the official
views or policy of the U.S. Department of Transportation."
Exhibit B
SUPPLEMENT NO. 1 TO MASTER FUNDING AGREEMENT
Between the METROPOLITAN TRANSPORTATION COMMISSION
And CITY OF CAMPBELL
For HAMILTON AVENUE PRECISE PLAN
This Supplement No. 1 to the Master Funding Agreement ("Supplement" or "Agreement") is
entered into this , by and between the Metropolitan Transportation Commission ("MTC")
and the City of Campbell ("AGENCY") and supplements the Master Funding Agreement, dated
by and between MTC and AGENCY.
Pursuant to this Supplement, MTC agrees to provide/reimburse an amount not to exceed four -
hundred thousand dollars ($400,000) in federal/ non-federal [identify funding source] to AGENCY to
fund the Project Title (as more fully described in Annex I hereto, the "Supplement Project"). The
estimated budget and payment milestones for the Supplement Project scope of work is attached as
Annex II hereto.
The Supplement Project work will commence on and be completed no later than
. All payment requests shall be submitted by the completion date.
The clauses selected below and attached as exhibits to the Master Funding Agreement shall
apply to AGENCY's performance of the applicable Supplement Project scope of work hereunder:
• Exhibit B-1, Additional Terms and Conditions (General), Paragraph A
0 Exhibit B-1, Additional Terms and Conditions (General), Paragraph B
0 Exhibit B-2, Additional Terms and Conditions (Federally Required Clauses)
❑ Exhibit B-3, Additional Terms and Conditions (State Required Clauses)
❑ Exhibit B-4, Additional Terms and Conditions (Prevailing Wage Rates, Apprenticeships,
and Payroll Records, Non -Federally -Funded Agreements)
❑ Exhibit B-5, Additional Terms and Conditions (Prevailing Wage Rates, Apprenticeships,
and Payroll Records, Federally -Funded Agreements)
❑ Exhibit B-6, Additional Terms and Conditions (Regional Toll Funds including RM1,
RM2, RM3 and AB 1171)
X❑ Exhibit B-7, Additional Terms and Conditions (Regional Discretionary Federal Funds
including STP and CMAQ)
Funding for this project was authorized by the Metropolitan Transportation Commission at its
June 281h 2023 Commission Meeting through Resolution No(s) 4202, Revised; 4505, Revised; and/or
4540, Revised, (see Attachment B-1), attached to this document as Attachment A.
The MTC Project Manager for the Supplement Project is (name), (phone),
(email). The AGENCY Project Manager for the Supplement Project is Community
Development Director Rob Eastwood, 408-866-2141, robe@campbellca.gov.
This Supplement is supplemental to the Master Funding Agreement; all terms and conditions of
the Master Funding Agreement, as may be amended, remain unchanged hereby.
MTC/ City of Campbell
Master Funding Agreement
Supplement No. I — Hamilton Avenue Precise Plan
Page 2
Capitalized terms used but not defined herein shall have the respective meanings assigned to
them in the Master Funding Agreement.
METROPOLITAN TRANSPORTATION AGENCY
COMMISSION
Andrew B. Fremier, Executive Director Brian Loventhal, City Manager
Cllfy Of Calnphell`aW.;
Request for Budget Adjustments
,
DepartmentlProgram �; Division, Date Request No
w s
Community Development 552( Po` kq vevetopinent September t19, Z023 BA 6
Fund/Program Account NumbergD escrip ion _ moon
�,.
r`'��`
f �G � i <ii Ebl e y ' sE.
REVENUES a r�
980 6899 Transfer Into General Fund 101 for C1LjMatch �` $ " 208 000,
EXPENDITURES
W ARP�rFuriil for p,'City Mach 208,0009TransferOtrom 9221980 uf
qd"^ t
to "
r (^ f
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Bd uget til-he Increased �*I
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Fund/Program. Account Number Description Amount
REVENUES ��
.' 101 552 n 454 Hamilton Avenue Precise PlanrGrant`Revenue �" "„� 208,000'
A,i
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REASON FOR REQUEST - BE SPECIFIC o u"�� t� x
.�
Acceptance of PDA Planning Gra°nt,irom "MTC�rno�.longer�requires'a $208,000 City Match;to be funded through a,transfer from
ARPA Into Geneiai'Fund : FWi $400,000 cost of iunitio` u, rea Precise Plan will now,fully be covered by'gii"t revenue
nts ah Adjustments reflect thaf change from the FY 2024 Adapted Budget �' r ,
A
�j.l � i t� F � �rY ✓i i ,", a i d , _ ' i+ �, V
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Xy ..�
n
,Wilt -Fuentes. , �.. `' Rabasttvood �� 13man�Loventliat
:.Finance DrectorSwM ,� R Cominunity_Development Director City Manager