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HomeMy WebLinkAboutRES CC 2006 2533 2006 1101RESOLUTION NO. 2006 -2533 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING THE COOPERATIVE AGREEMENT BETWEEN THE CITY OF MOORPARK AND THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE CONSTRUCTION OF STREET IMPROVEMENTS ON LOS ANGELES AVENUE BETWEEN MOORPARK AVENUE AND 500 FEET EAST OF SPRING ROAD (PROJECT 8013; DISTRICT AGREEMENT NO. 07 -4683) WHEREAS, the Circulation Element of the Moorpark General Plan states that Los Angeles Avenue (State Route 118) shall have three (3) through travel lanes in each direction; and WHEREAS, in order to meet this circulation objective of the City, it is necessary and appropriate to widen that portion of Los Angeles Avenue between Moorpark Avenue and a point approximately five hundred feet (500') east of Spring Road; and WHEREAS, the City of Moorpark (herein the "City ") has developed a conceptual design for a project to acquire additional rights -of -way and construct certain street improvements (herein the "Project ") necessary to accomplish that objective; and WHEREAS, it is the intent of the City to provide for the preparation of the final design plans and specifications, acquire the necessary rights -of -way and provide for the construction of the Project; and WHEREAS, it is also the intent of the City to provide for the funding of the Project; and WHEREAS, it is also the intent of the City to enter into a Cooperative Agreement with Caltrans pertaining to these matters; and WHEREAS, Section 130 of Streets and Highways Code of the State of California authorizes the State to enter into such an agreement with the City for improvements to State Highways within the City. Resolution No. 2006 -2533 Page 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Cooperative Agreement No. 07 -4683 between the City and Caltrans, for the construction and financing of the Project, is hereby approved by the City Council of the City of Moorpark. SECTION 2. The Mayor is hereby authorized to execute said agreement on behalf of the City. SECTION 3. The City Cler 5all certify the adoption of this Resolution and shall cause a certified resolution be filed in the bo of original Resolutions. PASSED AND ADOF/TED this 1 st day of Noven�J�6r, 2006. ATTEST: Deborah S. Traffenstedt, ity Clerk Attachment — Cooperative Agreement Patrick Hunter, Mayor Resolution No. 2006 -2533 Page 3 07 -VEN -1 18 PM 17.5/ 18.0 (KP 28.2129.0) State Route 1 18 widening from Moorpark Avenue to Spring Road in the City of Moorpark 07186- 24150K District Agreement No. 07 -4683 COOPERATIVE AGREEMENT THIS AGREEMENT, ENTERED INTO EFFECTIVE ON , 200_, is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as "STATE", and the CITY OF MOORPARK, a body politic and municipal corporation of the State of California, referred to herein as "CITY ". Resolution No. 2006 -2533 Page 4 RECITALS District Agreement No. 07 -4683 1. STATE and CITY, pursuant to Streets and Highways Code section 130. are authorized to enter into a Cooperative Agreement for improvements to State high- ways within the City of Moorpark. 2. CITY desires State highway improvements along State Route 118 (SR-118), also known as Los Angeles Avenue, by widening the existing facility from four (4) to six (6) lanes at various locations to meet its ultimate configuration from Moorpark Avenue to approximately 130 meters east of Spring Road, in the City of Moorpark, and constructing new traffic control signals at the intersection of SR -1 18 and Millard Street, referred to herein as "PROJECT ", and is willing to fund one hundred percent (100 %) of all capital outlay and staffing costs, except for costs of STATE's quality assurance of environmental, design, right of way and construction activities. 3. CITY desires to prepare a combined Project Study Report /Project Report (PSR /PR), including all necessary environmental documentation (ED) and plans . specifications, and estimates (PS &E) for PROJECT and then to prepare the contract documents and advertise, award, and administer the construction contract for PROJECT. 4. STATE is agreeable to CITY's proposal to prepare the PSR /PR, ED, PS &E and contract documents and advertise, award, and administer the construction contract for PROJECT. 5. This Agreement supersedes any prior Memorandum of Understanding (MOU) relat- ing to PROJECT. 6. The parties hereto intend to define herein the terms and conditions under which PROJECT is to be developed, designed, constructed, financed and maintained. 7. This Agreement will define the California Environmental Quality Act (CEQA) an(I National Environmental Policy Act (NEPA) lead and responsible agencies, and the roles and responsibilities of the CEQA and NEPA _lead and responsible agencies regarding environmental documents, studies and reports and compliance with CEQA and NEPA. SECTION I CITY AGREES: To fund one hundred percent (100 %) of all preliminary, right of way, and design engineering costs, including, but not limited to, costs incurred for the preparation of contract documents, advertising for bids, and for awarding the construction contract for PROJECT. 2. To have a combined PSR /PR, ED, and detailed PS &E prepared, at no cost to STATE, and to submit each to STATE for STATE's review and approval at appropriate stages of development. The PSR /PR, and the final plans and specifications for PROJECT' shall be signed by a Civil Engineer registered in the State of California. 3. If private consultants are used to perform project development, each private consultairt shall be required to maintain professional liability insurance throuLih 2 Resolution No. 2006 -2533 Page 5 District Agreement No. 07 -4683 completion of PROJECT construction and resolution of all construction contract claims with a limit of combined personal injury and property damage liability of at least $1,000.000 per occurrence. This professional liability policy will not be suspended, modified or terminated %without at least thirty- (30) day's prior written notice to STATE. 4. To permit STATE to monitor and participate in the selection of personnel who will prepare the combined PSR /PR, conduct environmental studies, prepare the environmental document, obtain approval for PROJECT, prepare the PS &E, and provide the right of way engineering services, and to permit STATE to oversee the performance of right of way activities and implementation of any /all mitigation measures. CITY agrees to consider any request by STATE to discontinue the services of any personnel considered by STATE to be unqualified on the basis of credentials, professional expertise, and failure to perform in accordance with the scope of work and /or other pertinent criteria. 5. Personnel who prepare the PS &E, right of way maps and the ED, shall be made available to STATE, at no cost to STATE, through completion of construction of PROJECT to discuss problems which may arise during construction and /or to make design revisions for contract change orders, and /or to discuss and resolve problems related to implementation of any /all requirements or stipulations identified in the ED. 6. To not use funds from STATE for any capital or support costs for PROJECT. 7. To make written application to STATE for necessary encroachment permits authorizing entry of CITY onto the State highway right of wav to perform surveying and other investigative activities required for preparation of the PSR /PR. ED, and /or PS &E. 8. To identify and locate all high and low risk underground facilities within the area of' PROJECT and to protect or otherwise provide for such facilities, all in accordance with STATE's "Policy on High and Low Risk Underground Facilities Within Highway Rights of Way ". CITY hereby acknowledges receipt of STATE's "Policy on High and Low Risk Underground Facilities_ Within Highway Rights of Way ". All utility facilities not relocated or removed in advance of construction shall be identified on the PS &E for PROJECT. 9. If any existing public and /or private facilities, including utilities, conflict with the construction of PROJECT or violate STATE's encroachment policy, CITY shall make all necessary arrangements with the owners of such facilities for their protection, relocation, or removal in accordance with STATE's policy and procedure for those facilities located within the limits of work included in the improvement to the State highway and in accordance with CITY's policy for those facilities which are or will be located outside of the limits of the State highway. The total costs to PROJECT of such protection, relocation, or removal within the present or future State highway right of way shall be determined in accordance xvith STATE's policies and procedures. 10. To furnish evidence to STATE, in a form acceptable to STATE, that arrangements have been made for the protection. relocation, or removal of all conflicting facilities within the State highway right of way and that such work will be completed prior to the award of the contract to construct PROJECT or as covered in the PS &E for siud contract. This evidence shall include a reference to all required State highway encroachment permits. 3 Resolution No. 2006 -2533 Page 6 District Agreement No. 07 -4683 11. CITY shall require any utility owner and /or its contractor performing the protection or relocation work within the State highway right of way to obtain an encroachment permit from STATE prior to the performance of said work. 12. To acquire and furnish all necessary right of way and rights, if any, outside of' the existing State highway right of way and to perform all right of way activities. including all eminent domain activities, if necessary, at no cost to STATE, in accordance with procedures acceptable to STATE. These activities shall comply with all applicable State and Federal laws and regulations, subject to STATE's quality assurance to insure that the completed work is acceptable for incorporation into the State highway right of way. 13. To utilize the services of a qualified public agency or a qualified consultant, as determined by STATE's Local Assistance Procedures Manual, Chapter 10, in all matters related to the acquisition of right of way in accordance with STATE's procedures as published in STATE's current Right of Way Manual. Whenever personnel other than personnel of a qualified public agency are utilized, administration of the personnel contract shall be performed by a qualified Right of Way person employed or retained by CITY, with STATE retaining full rights of review and audit. 14. To comply with the requirements of the National Pollution Discharge Elimination System (NPDES) Permit for General Construction Activities No. CAS000002. Order No. 99 -08 -DWQ including State Water Resources Control Board (SWRCB) Resolution No. 2001 -046, which added sampling and analysis requirements, and the NPDES Permit for the State of California Department of Transportation Properties, Facilities, and Activities. No. CAS000003. Order No. 99 -06 -DWQ issued by the State Water Resources Control Board, and cuzy applicable future permits and orders. CITY shall prepare and submit the required information for notification to Region 4, Lahontan, and Regional Water Quality Control Board (RWQCB) with two (2) copies to the STATE Coordinator. RWQCB deems that coverage Under NPDES permit shall be obtained by submitting a Notice of Intent (NOI) to RWQCB. Two (2) copies of the NOI shall be submitted to the State NPDES Coordinator a minimum of thirty (30) days prior to submission of an application for STATE issued Highway Encroachment Permit. CI1Y shall submit the Storm Water Pollution Prevention Plan or Water Pollution Control Program a minimum of twenty (20) days after award of PROJECT. CITY shall notify the STATE Coordinator of the pre - construction meeting so that Coordinator can invite the RWQCB to the pre - construction meeting in accordance with the NPDES Permit for the State of California, Department of Transportation Properties, Facilities, and Activities. 15. To certify legal and physical control of right of way and rights ready for construction and that all right of way parcels were acquired in accordance with applicable State and Federal laws and regulations, subject to review and concurrence by STATE prior to the advertisement for bids for the contract to construct PROJECT. 16. To deliver, at no cost to STATE, legal title to the right of way, including access rights, free and clear of' all encumbrances detrimental to STATE's present and future uses not later than the date of acceptance by STATE of maintenance and operation of the highway facility. Acceptance of said title by STATE is subject to a review of a Policy of Title Insurance in the name of the State of California to he provided and paid for by CITY. 17. To be responsible. at CI1Y's expense, for the investigation of potential hazardous material sites within and outside of the existing State highway right of way that 4 Resolution No. 2006 -2533 Page 7 District Agreement No. 07 -4683 would impact PROJECT as part of the responsibility for the ED for PROJECT. If CITY encounters hazardous material or contamination within the existing_ State highway right of way during said investigation, CITY" shall immediately notify STATE and responsible control agencies of such discovery. 18. To obtain, at CITY's expense all necessary permits and /or agreements from appropriate regulatory agencies. All mitigation, monitoring, and /or remedial action required by said permits shall constitute parts of the cost of PROJECT. 19. All aerial photography and photogrammetric mapping shall conform to STATE's latest standards. 20. A copy of all original survey documents resulting from surveys performed for PROJECT, including original field notes, adjustment calculations, final results, and appropriate intermediate documents, shall be delivered to STATE and shall become property of STATE. For aerial mapping, survey documents to be furnished are three sets of contract prints, with one set showing control, a complete photo index - two prints and a copy of the negative, and the original aerial photography negative. 21. To provide, at no cost to STATE, survey and mapping services necessary to perpetuate existing land net and alignment monumentation in accordance with Sections 8771 and 8765 of the Business and Professions Code: and to permanently monument the location of all roadway alignments, realignments, and right of way acquisitions. All of the above are to be shown on a Record of Survey filed with the Ventura County Surveyor. CITY shall deliver one copy of any field notes, filed Corner Records, and the Record of Survey required for execution of the above obligation, to STATE's District 07 Survey Branch. 22. To prepare Right of Way Engineering Hard Copies, Right of Way Appraisal Maps. Record of Surveys, and Right of Way Record Maps in accordance with the State of California Right of Way Manual, Chapter 6 - Right of Way Engineering, the State of California Plans Preparation Manual, the State of California Surveys Manual Chapter 10, applicable State laws, and other pertinent reference material and examples as provided by STATE. 23. To have all necessary Right of Way Maps and Documents used to acquire right of way by CITY prepared according to State standards and format by or under the direction of a person authorized to practice land surveying in the State of' California. Each Right of Way Map and Document shall bear the appropriate professional seal, certificate number, expiration date of registration certification and signature of the licensed person in "Responsible Charge of Work ". 24. TO submit to STATE for review and acceptance all Right of Way Engineering Hard Copies and Right of' Way Appraisal Maps with appurtenant back -up and reference data prior to preparation of legal descriptions and acquisition documents. 25. Personnel who prepare right of way maps. documents, and related materials shall be made available to STATE, at no cost to STATE, during and alter construction of PROJECT until completion and acceptance by STATE of Right of Way Record Maps and Records of Surveys. 26. To advertise, award, and administer the construction contract for PROJF,C "I' in accordance with requirements of the Local Agenev Public Construction Act and the California Labor Code, including its prevailing wage provisions. Workers employed in the performance of' work contracted for by CITY, quid /or performed tinder 5 Resolution No. 2006 -2533 Page 8 District Agreement No. 07 -4683 encroachment permit, are covered by provisions of the Labor Code in the same manner as are workers employed by STATE's contractors. CITY shall obtain applicable wage rates from the State Department of' Industrial Relations and shall adhere to the applicable provisions of the State Labor Code. Violations shall be reported to the State Department of Industrial Relations. The contract shall also include the Federal DBE requirements as contained in Title 49 CFR, Part 26. 27. To apply for necessary encroachment permits for required construction work within the State highway right of way, in accordance with STATE's standard permit procedures, as more specifically defined in Section III, Articles 10, 11, 12, 13, and 14, of this Agreement. 28. In recognition that construction work for PROJECT done on STATE's property will riot be directly funded and paid by STATE.., for the purpose of protecting stop notice claimants and the interests of STATE relative to the successful completion of PROJECT. CITY agrees to require the construction contractor to furnish both a payment and performance bond, naming CITY as obligee with both bonds complying with the requirements set forth in Section 3 -1.02 of STATE's current Standard Specifications prior to performing any construction work for PROJECT. CITY shall defend, indemnify, and hold harmless STATE and all its officers and employees from all claims by stop notice claimants related to the construction of PROJECT Linder the payment bond. 29. To construct PROJECT in accordance with plans and specifications of CITY to the satisfaction of and subject to the approval of STATE. 30, Contract Administration procedures shall conform to the requirements set forth in STATE's Construction Manual, Local Assistance Procedures Manual, and in the encroachment permit for the construction of PROJECT. 31. Construction within the existing or ultimate State highway right of way shall comply with the requirements in STATE's Standard Specifications and the Speci�d Provisions for PROJECT and in conformance with methods and practices specified in STATE's „onstrurctio ;l Nf,1r1ual. 32. All surveys shall conform to the methods, procedures, and requirements of STATE's Surveys Manual and STATE's Staking Information Booklet. 33. Material testing and quality control shall conform to STATE's Construction Manual and STATE's Material Testing Manual, and shall be performed, at CITY's expense, by a certified material- tester acceptable to STATE. Independent assurance testing, specialty testing and off -site source inspection and testing shall be performed by STATE, at no cost to CITY except as noted herein. CITY shall reimburse STATE for any additional travel expenses incurred by STATE for off -site inspection and testing performed by STATE, which is more than 300 airline miles from both Sacramento and Los Angeles. Approval of the type of asphalt and concrete plants shall be by STATE, at STATE's expense. 34. To furnish. at CITY's expense and subject to the approval of STATE, a field site representative who is a licensed Civil Engineer in the State of California, to perform the functions of a Resident Engineer. If the plans and specifications for PROJECT were prepared by a private engineering company, the Resident Engineer shall not be an employee of that company. The Resident Engineer shall also be independent of the construction contractor. 6 Resolution No. 2006 -2533 Page 9 District Agreement No, 07 -4683 35. To pay one hundred percent (100 %) of' the actual costs of construction required for satisfactory completion of PROJECT, including changes pursuant to contract change orders concurred with by STATE's representative and anv material furnished by STATE. 36. To provide written notice to STATE requesting any "State - furnished materials" as shown on the plans for PROJECT and as provided in the Special Provisions for PROJECT. CITY shall deposit with STATE and amount representing the actual costs of said "State - furnished materials" within twenty (20) days of receipt of STATE's billing. Upon receipt by STATE of CITY's payment for said requested "State - furnished materials ". those materials will be made available to CI"IY. 37. At CITY's expense, to furnish qualified support staff, subject to the approval of STATE, to assist the Resident Engineer in, but not limited to, construction surveys, soils and foundation tests, measurement and computation of quantities, testing of construction materials, checking shop drawings, preparation of estimates and reports, preparation of "As- Built" drawings, and other inspection and staff services necessary to assure that the construction is being performed in accordance with the plans and specifications. Said qualified support staff shall be independent of the design engineering company and construction contractor, except that the designer of PROJECT may check the shop drawings, do soils foundation tests, test construction materials, and do construction surveys. 38. To make progress payments to the contractor and pay all costs for required staff services as described in Articles 34 and 37 of this Section 1. STATE's representative shall review all contract progress pay schedules. STATE does not assume responsibility for accuracy of itemization on progress pa-y schedules. 39. Within sixty (60) days following the completion and acceptance of the construction contract for PROJECT, to furnish STATE with a complete set of acceptable full -sized film positive reproducible "As- Built" plans and all contract records, including survey documents. Records of Surveys, and microfilm copy of all structure plans. 40. Upon completion of work under this Agreement. CITY will assume maintenance and the expense thereof for any part of PROJECT located outside of the current State highway right of way until acceptance 01' any such part of PROJECT into the State highway system by STATE, approval by the Federal Highway Administration, if re- quired, and conveyance of acceptable title to STATE. 41. To retain or cause to be retained for audit by STATE or other government auditors for a period of three (3) years from the date of' FHWA payment of final voucher, or- four (4) years from the date of final payment under the contract, whichever is longer, all records and accounts relating to construction. 42. If CITY terminates PROJECT prior to completion of the construction contract for PROJECT, STATE may require CITY, at CITY's expense, to return the right of way to its original condition or to a condition of acceptable permanent operation. If CITY fails to do so. STATE reserves the right to finish PROJECT or place PROJECT in a condition of' satisfactory permanent operation. STATE will bill CITY for a-11 actual expenses incurred and CI'[Y agrees to pay said expenses within thirty (30) days or STATE, acting through the State Controller, may withhold an equal amount from future apportionment due CITY from the Highway User Taix Fund. 43. If cultural, archaeological, paleontological or other protected materials are encountered during construction of PROJECT, CI`[Y shall stop work in that area 7 Resolution No. 2006 -2533 Page 10 District Agreement No. 07 -4683 until a qualified professional can evaluate the nature and significance of the find and a plan is approved for the removal or protection of that material. The costs for any removal or protection of that material shall be covered as a cost of PROJECT contemplated by this Agreement. 44. STATE's quality assurance activities referred to in Articles 1 and 2 of Section II of this Agreement do not include performance of any engineering services required for PROJECT other than STATE's performance of CEQA Lead Agency responsibilities. These services are to be performed by CITY. If CITY requests STATE to perform any of these services, CITY shall reimburse STATE for such services. An Amendment to this Agreement authorizing STATE's performance of such services will be required prior to performance of any engineering work by STATE. SECTION II STATE AGREES: At no cost to CITY, to provide quality assurance activities of all work on PROJECT clone by CITY, including, but not limited to, evaluation of all technical studies performed in conjunction with completion of ED, design, and all right of way activities including right of way engineering, undertaken by CITY or its designee, to provide prompt reviews and approvals, as appropriate, of submittals by CITY, and to cooperate in timely processing of PROJECT. 2. At no cost to CITY, to provide quality assurance activities, including a qualified representative of STATE who shall have authority to accept or reject work and materiels or to order any actions needed for public safety or the preservation of property and to assure compliance with all provisions of the encroachment permit(s) issued to CITY and CITY's contractor. 3. Upon proper application by CITY and by CITY's contractor, to issue, at no cost to CITY and CITY's contractor, the necessary encroachment permits authorizing entry onto the State highway right of way to perform survey and other investigative activities required for preparation of the PSR /PR, ED, and /or PS &E, and for construction work more specifically defined in Section III, Articles 10, 11, 12, 13. and 14, of this Agreement. If CITY uses consultants rather than its own staff to perform required work, the consultants will also be required to obtain a separate encroachment permit. These permits will be issued at no cost upon proper application by the consultants. 4. To provide, at CITY's expense, any "State - furnished materials" as shown on the plans for PROJECT and as provided in the Special Provisions for PROJECT. Within forty -five (45) days of receipt of CITY's request for "State - furnished materials" pursuant to Section I, Article 36. STATE will submit an invoice for the actual cost of said "State - Furnished materials ". Upon subsequent receipt by STATE of CITY's payment for said requested "State - furnished materials ". Those materiels will be made available to CITY. 8 Resolution No. 2006 -2533 Page 11 SECTION III IT IS MUTUALLY AGREED: District Agreement No. 07 -4683 1. All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature, State Budget Authority, and the allocation of resources by the California Transportation Commission to STATE for the purpose of fulfilling STATE's obligations herein. 2. The parties hereto will carry out PROJECT in accordance with the Scope of Work, attached and made a part of the Agreement, which outlines the specific responsibilities of the parties hereto. The attached Scope of Work may be modified in writing in the future to reflect changes in the responsibilities of the respective parties. Such modifications shall be concurred with by CITY's Director of Public Works or other official designated by CITY and STATE's District Director for District 07 and become a part of this Agreement after execution of the amending document by the respective officials of the parties. 3. STATE will be the CEQA Lead Agency and CITY will be a CEQA Responsible Agency. The Federal Highway Administration (FHWA) will be the Federal Lead Agency for NEPA with STATE providing oversight for the NEPA process. CITY will assess impacts of PROJECT on the environment and prepare the ED. including the necessary investigative studies and environmental technical reports in order to meet the requirements of CEQA and NEPA. STATE's review, comment, and approval on investigative studies and technical environmental reports are required. The administrative draft, draft, administrative final, and final ED will require STATE's review, comment, and approval, as well as FHWA's review, comment, and approval prior to public availability. STATE will review and request approval of' the environmental technical reports and ED by the FHWA. STATE: and FHWA will be responsible for the public hearing process. 4. All administrative reports, studies, materials, documentation, including, but not limited to, all administrative drafts and administrative finals of the ED and PSR /PR, relied upon, produced, created or utilized for PROJECT will be held in confidence pursuant to Government Code section 6254.5(c). STATE and CITY agree that said material will not be distributed, released or shared with any other organization, person or group other than the parties' employees and agents whose work requires that access without the prior written approval of STATE and except as required or authorized by statute or pursuant to the terms of this Agreement. 5. If there is a legal challenge to the PROJECT's CEQA environmental documentation, including supporting technical studies, documentation, quid if applicable, the mitigation, monitoring, or remedial actions which are required by the environmental documentation, PROJECT permits and /or agreements, all legal costs associated with those said legal challenges shall be a PROJECT cost. 6. If, during preliminary- engineering, preparation of the PS &E, or PROJECT construction, new information is obtained which requires the preparation of additional environmental documentation to comply with NEPA and /or CEQA, this Agreement will be amended to include completion of these additional tasks by CITY. 7. Upon approval, the combined PSR /PR for PROJECT will be made an express part of this Agreement. 9 Resolution No. 2006 -2533 Page 12 District Agreement No. 07 -4683 8. The basic design features (as defined in Attachment 3 of the Scope of Work) for PROJECT shall comply with those addressed in the approved PSR /PR, unless modified as required for environmental clearance and /or FHWA approval of PROJECT. 9. The design. right of way acquisition, and preparation of environmental documents for PROJECT shall be performed in accordance with STATE's standards and Practices current as of the date of performance. Any exceptions to applicable design standards shall first be approved by STATE via the processes outlined in STATE's Highway Design Manual and appropriate memorandums and design bulletins published by STATE. In the event that STATE proposes and /or requires a change in design standards, implementation of new or revised design standards shall be done as part of the work on PROJECT in accordance with STATE's current Highway Design Manual Section 82.5, "Effective Date for Implementing Revisions to Design Standards". STATE shall consult with CITY in a timely manner regarding effect of proposed and /or required changes on PROJECT. 10. CITY shall be responsible for all changes in development and construction costs associated with modifications to the basic design features as described above, unless mutually agreed to the contrary by STATE and CITY in a subsequent amendment to this Agreement. 11. Construction by CITY of improvements referred to herein which lie within the State highway right of way or which affect STATE's facilities, shall not be commenced until CITY's original contract plans involving such work and plan for utility relocations have been reviewed and accepted by signature of STATE's District Director of 'Transportation, or the District Director's delegated agent, and until an encroachment permit to CITY authorizing such work has been issued by STATE. 12. CITY shall obtaiii aforesaid encroachment permit through the office of STATE's District Permit Engineer and CITY's application shall be accompanied by five (5) sets of reduced construction plans of aforesaid STATE- accepted contract plans, and five (5) sets of specifications for PROJECT. Receipt by CITY of the approved encroachment permit shall constitute CITY's authorization from STATE to proceed with work to be -performed by CITY or CITY's representatives within the District proposed State highway right of way or which affects STATE's facilities, pursuant to work covered by this Agreement. CITY's authorization to proceed with said work shall be contingent upon CITY's compliance with all provisions set forth in this Agreement and said encroachment permit. 13. CITY's construction contractor shall also be required to obtain an encroachment permit from STATE prior to commencing any work within the State highway right of way or which affects STATE's facilities. The application by CITY's construction contractor for said encroachment permit shall be made through the office of STATE's District Permit Engineer and shall include proof said contractor has payment and performance surety bonds covering construction of PROJECT. 14. CITY shall provide a right of way certification prior to the granting of said encroachment permit by STAT'F. to certify that legal and physical control of rights of way were acquired in accordance with applicable State and Federal laws and reg- ulations. 15. CI'T'Y shall riot advertise for bids for the contract to construct PROJECT until a-fter an encroachment permit has been issued to CITY by STATE. 10 Resolution No. 2006 -2533 Page 13 District Agreement No. 07 -4683 16. CITY's construction contractor shall maintain in force, until completion and acceptance of the construction contract for PROJECT, a policy of Contractual Liability Insurance, including coverage of Bodily Injury Liability and Property Damage Liability, in accordance with Section 7 -1.12 of STATE's Standard Specifications. Such policy shall contain an additional insured endorsement naming the State of California, its officers, agents, and employees as additional insureds. Coverage shall be evidenced by a Certificate of Insurance in a form satisfactory to STATE, which shall be delivered to STATE before the issuance of an encroachment permit to CITY's construction contractor. 17. Prior to award of the construction contract for PROJECT, CITY may terminate this Agreement by written notice. 18. During the construction of PROJECT, representatives of CITY and STATE will cooperate and consult with each other, and all work pursuant to PROJECT shall be accomplished according to the approved plans, specifications, and STATE's applicable standards and practices. Satisfaction of these requirements shall be verified by STATE's representative. STATE's representative is authorized to enter CITY's property during construction for the purpose of monitoring and coordinating construction activities. 19. Changes to the plans and specifications for PROJECT shall be implemented by contract change orders reviewed and concurred with by STATE's representative. All changes affecting public safety or public convenience, all design and specification changes, and all major changes as defined in STATE's Construction Manual shall be approved by STATE in advance of performing the work. Unless otherwise directed by STATE's representative. changes authorized as provided herein will not require an encroachment permit rider. All changes shall be shown on the "As- Built" plans referred to in Article 39 of Section I of this Agreement. 20. CITY shall provide a construction contract claims process acceptable to STATE and shall process any and all claims through CITY's claim process. STATE's representative will be made available to CITY to provide advice and technical input in any claim process 21. Any hazardous material or contamination of an HM- I category found within the existing State highway right of way requiring remedy or remedial action, as defined in Division 20. Chapter 6.8 et seq. of the Health and Safety Code, shall be the responsibility of STATE. Any hazardous material or contamination of an HM -1 category found within the local road right of way requiring the same defined remedy or remedial action shall he the responsibility of CITY. For the Purpose of this Agreement, hazardous material or contamination of HM- I category is defined as that level or type of contamination which State or Federal regulatory control agencies having jurisdiction have determined must be remediated by reason of its mere discovery, regardless of whether it is disturbed by PROJECT or not. If CITY decides to not proceed with PROJECT, STATE shall sign the HM -1 manifest and pay all costs for required remedy or remedial action within the existing State highway right of way and CITY shall sign the HM -1 manifest and pay all costs for required remedy or remedial action within the local road right of way. If CITY and STATE decide to proceed with PROJECT. STATE shall sign the HM- 1 manifest and pay all costs for required remedy or remedial action within the existing State highway right of way, except that if SPATE determines, in its sole judgment that STATE's cost for remedy or remedial action is increased as a result of CITY's decision to proceed with PROJECT, that additional cost identified by STATE shall be deemed a part of the costs of PROJECT. CITY Y shall sign the HM--1 manifest and pay all costs for required W Resolution No. 2006 -2533 Page 14 District Agreement No. 07 -4683 remedy or remedial action within the local road right of way. STATE will exert every effort to fund the remedy or remedial action for which STATE is responsible. In the event SPATE is unable to provide funding. CITY will have the option to either delay PROJECT until STATE is able to provide funding or CITY may proceed with the remedy or remedial action at CITY's expense without any subsequent reimbursement by STATE. 22. The remedy or remedial action with respect to any hazardous material or contamination of an HM -2 category found within the existing State highway right of way shall be the responsibility of CITY, at CITY's expense, if CITY decides to proceed with PROJECT. For the purposes of this Agreement, hazardous material or contamination of HM -2 category is defined as that level or type of contamination which said regulatory control agencies would have allowed to remain in place if undisturbed or otherwise protected in place should PROJECT not proceed. CITY shall sign any HM -2 storage manifest if PROJECT proceeds and HM -2 material must be removed in lieu of being treated in place. If CITY decides to not proceed with PROJECT, there will be no obligation to either CITY or STATE other than CITY's duty to cover and protect HM -2 material left in place. 23. If hazardous material or contamination of either HM -1 or HM -2 category is found on new right of way to be acquired by CITY for PROJECT, CITY, as between CITY and STATE only, shall be responsible, at CITY's expense, for all required remedy or remedial action and /or protection and shall guarantee STATE that said new right of way is clean prior to transfer of title to STATE in accordance with Article 20 of Section I of this Agreement. The generator of the hazardous material or, if' none can be identified or found, the present property owner, whether a private entity or a local public agency. or CITY, as a last resort, shall sign the manifest. 24. Locations subject to remedy or remedial action and /or protection include utilitv relocation work required for PROJECT. Costs for remedy and remedial action and /or protection shall include, but not be limited to, the identification, treatment, protection, removal, packaging, transportation, storage, and disposal of such material. 25. The party responsible for funding any hazardous material cleanup shall be responsible for the development of the necessary remedy and /or remedial action plans and designs. Remedial actions proposed by CITY on the State highway right of way shall be pre - approved by State and shall be performed in accordance with STATE's standards and practices and those standards mandated by the Federal and State regulatory agencies. 26. Pursuant to the authority contained in Section 591 of the Vehicle code. STATE has determined that within such areas as are within the limits of PROJECT and are open to public traffic, CITY shall comply with all of the requirements set for in Divisions 11. 12, 13. 14, and 15 of the Vehicle Code. CITY shall take all necessary precautions for safe operation of CITY's vehicles, the construction contractor's equipment quid vehicles and /or vehicles of personnel retained by CITY, and for the protection of the traveling public from injury and damage from st.ich vehicles or equipment. 27. Upon completion quid acceptance of the constniction contract for PROJECT by CITY to the satisfaction of' STATE, CITY will operate and maintain PROJECT facilities at its own cost and expense until a Maintenance Agreement is executed or an existing agreement, if any, is amended to incorporate these new PROJECT facilities located on the State Highway. 12 Resolution No. 2006 -2533 Page 15 District Agreement No. 07 -4683 28. Operation and maintenance of traffic signals, signs, and safety lighting shall he shared in accordance with existing Maintenance Agreement #VEN -56 -6039 entered into between STATE and CITY effective on March 1, 1987. The Exhibit A of said agreement will be amended to include this signal as a part of said Maintenance Agreement. 29. Upon completion of all work under this Agreement, ownership and title to materials, equipment, and appurtenances installed within the State highway right of way will automatically be vested in STATE, and materials, equipment, and appurtenances installed outside of the State highway right of way will automatically be vested in CITY. No further agreement will be necessary to transfer ownership as herein before stated. 30. Nothing in the provisions of this Agreement is intended to create duties or obligations to or right in third parties not parties to this Agreement or to affect the legal liability of either party to the Agreement by imposing any st<uzdard of care with respect to the development, design, construction, operation or maintenance of State highways and public facilities different from the standard of care imposed by law. 31. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything clone or omitted to be done by CITY under or in connection with any work, authority or jurisdiction conferred upon CITY and arising under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify and save harmless STATE and all its officers and employees from all claims, suits or actions of' every name, kind and description brought forth tinder, including, but not limited to, tortiouS, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement. 32. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be clone by STATE under or in connection with any work, authority or jurisdiction conferred upon SPATE and arising under this Agreement. It is understood and agreed that SPATE shall fully defend, indemnify and save harmless CITY and all its officers and employees from all claims, suits or actions of' every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement. 33. This Agreement may be terminated or provisions contained herein may be altered, changed. or amended by mutual consent of the parties hereto. 34. Except as otherwise provided in Article 33 above, this Agreement shall terminate upon completion and acceptance of the construction contract for PROJECT, or on July 30, 2009, whichever is earlier in time. However, the ownership, operation. maintenance, indemnification, and claims clauses for PROJECT shall remain in effect until terminated or modified, in writing, by mutual agreement. 13 Resolution No. 2006 -2533 Page 16 STATE OF CALIFORNIA Department of Transportation WILL KEMPTON Director By: Douglas R. Failing District 07 Director Approved as to Form and Procedure: By: - Attorney Department of Transportation Certified as to Funds: By: District Budget Manager Certified as to Financial Terms and Conditions: i iinistra 14 District Agreement No. 07 -4683 CITY OF MOORPARK By: Patrick Hunter Mayor ATTEST: By: City Clerk Certified as to Funds: By: Johnny Ea Finance Director Resolution No. 2006 -2533 Page 17 District Agreement No. 07 -4683 SCOPE OF WORK This Scope of Work outlines the specific areas of responsibility for various project devel- opment activities for the proposed widening of State Route 118 from Moorpark Avenue to Spring Road, in the City of Moorpark. CITY and STATE concur that the proposal is a Category 4B as defined in STATE's Project Development Procedures Manual. 2. CITY will submit drafts of environmental technical reports and individual sections of the draft environmental documents to STATE, as they are developed, for review and approval. Traffic counts and projections to be used in the various reports shall be supplied by STATE if available, or by CITY. Existing traffic data shall be furnished by CITY. 3. STATE will review, monitor, and approve all project development reports, studies, and plans, and provide all necessary implementation activities up to but not includ- ing advertising of PROJECT. 4. The existing freeway agreement need not be revised. 5. All phases of PROJECT, from inception through construction, whether done by CITY or STATE. will be developed in accordance with all policies, procedures, practices, and standards that STATE would normally follow. 6. Detailed steps in the project development process are attached to this Scope of Work. These Attachments are intended as a guide to STATE's and CITY's staff. 15 Resolution No. 2006 -2533 Page 18 ATTACHMENT 1 PLANNING PHASE ACTIVITIES PROJECT ACTIVITY RESPONSIBILITY" STATE CITY 1. ENVIRONMENTAL ANALYSIS & DOCUMENT PREPARATION Establish Project Development Team (PDT) X X Approve PDT X Project Category Determination X Prepare Preliminary Environmental Assessment X Identify Preliminary Alternatives and Costs X Prepare and Submit Environmental Studies and Reports X Review and Approve Environmental Studies and Reports X Prepare and Submit Draft Environmental Document (DED) X Review DED in District X 2. PROJECT GEOMETRICS DEVELOPMENT Prepare Existing Traffic Analysis X Prepare Future Traffic Volumes for Alternatives X Prepare Project Geometries and Profiles X Prepare Layouts and Estimates for Alternatives X Prepare Operational Analysis for Alternatives X Review and Approve Project Geometries and Operational X Analysis 3. PROJECT APPROVAL Lead Agency for Environment Compliance Certifies ED in X Accordance with its Procedures Prepare Draft Project Report (DPR) X Finalize and Submit Project Report with Certified ED for }{ Approval Approve Project Report X Resolution No. 2006 -2533 Page 19 ATTACHMENT 2 DESIGN PHASE ACTIVITIES RESPONSIBILITY STATE CITY" PROJECT ACTIVITY 1. PRELIMINARY COORDINATION Request 1 - Phase EA X Field Review of Site X X Provide Geometries X Approve Geometries X Obtain Surveys & Aerial Mapping X Obtain Copies of Assessor Maps and Other R/W Maps X Obtain Copies of As- Builts X Send Approved Geometrics to Local Agencies for Review x Revise Approved Geometrics if Required X Approve Final Geometrics X Determine Need for Permits from Other Agencies X X Request Permits x Initial Hydraulics Discussion with District Staff X Initial Electrical Design Discussion with District Staff X Initial Traffic & Signing Discussion with District Staff x Initial Landscape Design Discussion with District Staff k Plan Sheet Format Discussion X X 2. ENGINEERING STUDIES AND REPORTS Prepare & Submit Materials Report & Typical Section X Review and Approve Materials Report & Typical Section x Prepare & Submit Landscaping Recommendation X Review & Approve Landscaping Recommendation x Prepare & Submit Hydraulic Design Studies x Review & Approve Hydraulic Design Studies x Prepare & Submit Bridge General Plan & Structure Type x Selection Review & Approve Bridge General Plan & Structure Type X Selection Resolution No. 2006 -2533 Page 20 RESPONSIBILITY STATE CITY PROJECT ACTIVITY 3. R/W ACQUISITION Sr UTILITIES Request Utility Verification Request Preliminary Utility Relocation Plans from Utilities X Prepare R/W Requirements X Prepare R/W and Utility Relocation Cost Estimates X Submit R/W Requirements & Utility Relocation Plans for X X Review Review and Comment on R/W Requirements ,{ Longitudinal Encroachment Review X Longitudinal Encroachment Application to District Approve Longitudinal Encroachment Application X X Request Final Utility Relocation Plans Check Utility Relocation Plans Y Submit Utility Relocation Plans for Approval X Approve Utility Relocation Plans X X Submit Final R/W Requirements for Review & Approval Fence and Excess Land Review Y X R/W Layouut Review X Approve R/W Requirements X Obtain Title Reports Complete Appraisals X Review an d Approve Appraisals for Setting Just Y X Compensation Prepare Acquisition Documents Acquire R/W X Open escrows and Make Payments X Obtain Resolution of Necessity X Perform Eminent Domain Proceedings X Provide Displacee Relocation Services X Prepare Relocation Payment Valuations X Provide Displacee Relocation Payments X Perform Property Management Activities X X Perform R/W Clearance Activities Prepare and Submit Certification of R/W X Review and Approve Certification of R/W X X Transfer R/W to STATE Approve & Record Title Transfer Documents X X Prepare R/W Record Maps X Resolution No. 2006 -2533 Page 21 RESPONSIBILITY STATE C I"IY PROJECT ACTIVITY 4. PREPARATION OF PLANS, SPECIFICATIONS AND ESTIMATES Prepare and Submit Preliminary Stage Construction Plans Review Preliminary Stage Construction Plans x x Calculate and Plot Geometries Cross - Sections & Earthwork Quantities Calculation X Prepare and Submit BEES Estimate Y Put Estimate in BEES x X 1 Local Review of Preliminary Drainage Plans and Sanitary }{ Sewer and Adjustment Details Prepare & Submit Preliminary Drainage Plans Review Preliminary Drainage Plans X X Prepare Traffic Striping and Roadside Delineation Plans & }{ Submit for Review Review Traffic Striping and Roadside Delineation Plans x Prepare & Submit Landscaping and /or Erosion Control Plans x Review Landscaping and /or Erosion Control Plans x Prepare & Submit Preliminary Flectrical Plans Review Preliminary Electrical Plans X X Prepare & Submit Preliminary Signing Plans Review Preliminary Signing Plans Y X Quantity Calculations Safety Review x X Prepare Specifications X Prepare & Submit Checked Structure Plans X Review & Approve Checked Structure Plans x x Prepare Final Contract Plans Prepare Lane Closure Requirements X Review and Approve Lane Closure Requirements X X Prepare & Submit Striping Plan Review & Approve Striping Plan Y x Prepare Final Estimate Prepare & Submit Draft PS &E X Review Draft PS &E X X Finalize & Submit PS &E to District Y Resolution No. 2006 -2533 Page 22 ATTACHMENT 3 DEFINITIONS Basic Design Features - A general description of the facility 1) Design Speeds: Design Speed of State Highway SR -1 18: 70 km /h Design Speed Local roads Moorpark Ave: 50 km /h Spring Road: 65 km /h Millard, Flory, Fremont: 40 km /h 2) Number of Thru Lanes: SR -1 18: 6 (3 each dir.) Moorpark Ave: 2 (1 each dir.) Spring Road: 4 (2 each dir.) Flory Ave: 2 (1 each dir.) Millard St: 2 (1 each dir.) Fremont St: 2 (1 each dir.) • None of the facilities have auxiliary lanes and there are no interchanges or separations within the project limits. 3) Widths of Thru Lanes, Medians, and Shoulders: SR -1 18: Inside Lanes = 3.6m Outside Lanes = 6.2m (with 2.4m Shoulder) Painted Median = 4.2in Moorpark Ave: Lane Width = 6.0m (with 2.4m Shoulder) No median Spring Road: Inside Lanes = 3.6m Outside Lanes = 6.0m (with 2.4m Shoulder) Median = 3.6m Flory and Millard: Lane Width = 6.0m (with 2.4in Shoulder) No median Fremont (Private Road): Lane Width = 4.8m No median 4) There are no special features except for a TMP, which has been included in the PSR /PR. 5) Mandatory and Advisory Design Standm-ds: at this time the PSR /PR met all design standards (i.e., there are no design exceptions). Resolution No. 2006 -2533 Page 23 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2006 -2533 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 1 st day of November, 2006, and that the same was adopted by the following vote: AYES: Councilmembers Harper, Mikos, Millhouse, Parvin and Mayor Hunter NOES: None ABSENT: None ABSTAIN: None 2006. WITNESS my hand and the official seal of said City this 17th day of November, DI G. Deborah S. Traffenstedt, Cit Jerk (seal)