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HomeMy WebLinkAboutAGENDA REPORT 1990 1219 CC REG ITEM 08M MOORPARK ITEM 8. M • BERNARDO M. PEREZ <• STEVEN KUENY Mayor DRPARK, CALIFORNIA FTTe�=s City Manager SCOTT MONTGOMERY ;Y Meeting �T► CHERYL J. KANE Mayor Pro Tern g����♦ City Attorney ELOISE BROWN �199 PATRICK RICHARDS,A.I.C.P. Councilmember ACTION:4A/ e Directoreof CLINT HARPER, Ph.D. �� 'o Community Development Councilmember Fo � R. DENNIS DELZEIT PAUL W. LAWRASON,Jr. City Engineer Councilmember By Ami s— JOHN V. GILLESPIE LILLIAN KELLERMAN Chief of Police City Clerk RICHARD T. HARE City Treasurer MEMORANDUM TO: The Honorable City Council FROM: Kenneth C. Gilbert, Director of Public Works Y DATE: December 10, 1990 (Council Meeting 12-19-90) /\ SUBJECT: Master Agreement for the State-Local Partnership Program and a Program Supplement for the Los Angeles Avenue Widening Project (West) OVERVIEW This presents for approval and execution. . . 1) STATE-LOCAL ENTITY AGREEMENT NO. SLTPP-5436, to enable State participation in the funding of certain road projects; and, 2) PROGRAM SUPPLEMENT NO. 001 -- Project: SB-91-5436(704) [E. A. Number 07-928382] , relating to the construction of road improvements on Los Angeles Avenue between Maureen Lane and Park Lane. DISCUSSION A. Grant Application In June of 1989 the City Council adopted Resolution No. 89-580 [Exhibit A] authorizing an application for State funds under the Transportation Demonstration Program (SB-140) . That application requested consideration of a number of projects including the Los Angeles Avenue Widening West Widening Project. The amount of funds requested for this project is as follows: Construction $540,000 Grant Inspection + $54,000 Amount TOTAL $594 ,000 50% = $297,000 799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864 State-Local Partnership Program December 19, 1990 Page 2 B. Grant Approval In August of 1989 the City was notified [Exhibit B] that the City's Application had been accepted. The City was advised that the amount of funding available would be somewhat less than the fifty per cent (50%) requested, due to the large number of qualified applications received by Caltrans. The Transportation Demonstration Program (SB-140) is now administered under the State-Local Partnership Program. The City was recently advised that funding of the Los Angeles Avenue WEST project had been approved under the current funding cycle for this program [The other projects included in our application will be considered for funding under future funding cycles] . The amount of the funding authorized for this project is $100,774 -- an amount equal to 21.7% of the project cost estimate included in the grant application. C. Agreements Under this program the City and State are required to enter into a Master Agreement stipulating certain general terms and conditions relating to this State funding. In addition, a Proaram Supplements are required for each approved project. The Master Agreement for the program and the Program Supplement for the Los Angeles Avenue Widening WEST Project are attached as Exhibit C. D. Project Cost Estimate This project is funded by the Los Angeles Avenue AOC. Provided here for your information is a preliminary estimate of all past and anticipated future costs for this project: Estimated Cost ($) Future Total Description To Date Cost ($) Cost (Si A. Right-of-Way Acq. 55, 377 0 55,377 B. Design 40 ,752 0 40,752 C. Construction 0 425,776 425,776 D. Inspection 0 50 .095 50.095 Total 96,829" 475,871'*' 571,999 ** Ineligible Costs *** Eligible Costs State-Local Partnership Program December 19, 1990 Page 3 RECOMMENDED ACTION Staff recommends that the City Council take the following actions: 1. approve the documents attached as Exhibit C and listed below; and, 2. authorize the Mayor to execute said documents on behalf of the City Council . Subject documents: a) STATE-LOCAL ENTITY AGREEMENT NO. SLTPP-5436, to enable State participation in the funding of certain road projects; and, b) PROGRAM SUPPLEMENT NO. 001 -- Project: SB-91- 5436(704) [E. A. Number 07-928382 ] , relating to the construction of road improvements on Los Angeles Avenue between Maureen Lane and Park Lane. 308. 19(x) EXHIBIT A, 1 of 4 RESOLUTION NO. 89- 580 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING THE APPLICATION FOR STATE FUNDS FOR THE TRANSPORTATION DEMONSTRATION PROGRAM (SB 140) . WHEREAS, the California State Department of Transportation, have made available state funds for local transportation projects; and WHEREAS, the City Council recognizes the need and fully supports the transportation projects being applied for; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Moorpark hereby: 1. Approves the filing of an application for State Funds for the following projects: a. Los Angeles Avenue Widening (East) b. Los Angeles Avenue Widening (West) c. Tierra Rejada Road Widening east of Spring (south side) d. Traffic signal at Peach Hill Road and Spring Road e. Pavement repairs and overlay to Grimes Canyon Road 2. Appoints the City Manager as agent of the City of Moorpark to execute and submit all documents which may be necessary for the completion of the application for the aforementioned projects. PASSED AND ADOPTED this 26th day of June 1989. 11‘60f, Eloise Brow , Mayor ATTEST: PPP k4 /;, //oSTPTIU/ Gillian Kellerman, 1143.14. U *� 4 ^o CM01312 .COU ',,eo EXHIBIT A, 2 of 4 (APP.05) STATE USE ONLY PROJECT NO. . APPLICATION FOR STATE—LOCAL TRANSPORTATION DEMONSTRATION PROGRAM FUNDS (S8 140 CHAPTER 24 STATUTES OF 1988) PART I. INFORMATION and CERTIFICATION PURSUANT TO CALIFORNIA STREETS AND HIGHWAYS CODE, DIVISION 3, CHAPTER 16, SECTION 2600 et seq. , application for State-Local Transportation Demonstration Program Funds is hereby made by: Applicant: City of Moorpark • Address: 799 Moorpark Avenue Moorpark, CA 93021 Contact Person: John F. Knipe Phone: ( 805)653-6597 Name of Facility: Los Angeles Avenue Widening Project JJecr Fnd) Dist: 7 County: Ventura Route No: 118 PM/PM: / Amount of State Share Funds Requested: $ 297,000 Description of Project Limits: Widen Los Ange]es between Maureen T.ane and Park Lane. Description of Work: Construct additional pavement section to widen L A. Ave from 2 to 4 travel lanes to increase operation capacities. This project will povic 4 continous travel lanes along L.A. Ave. between Spring Rd. and Gabbert Rd. this roadway has an ANT in excess of 24,000 vehicles/day. CERTIFICATION: To the best of my knowledge and belief, the data and information provided in this application are true and correct, and I am authorized to file this application on behalf of the applicant. applicant acknowledges that it understands, and can comply with the time limits for award of contracts and expenditure of funds. Name and Title: STEVEN KUENY. CITY MANAGRR (Print or Type) Signature: /CLA- -0-C� Date: June 29, 1989 11 EXHIBIT A, 3 of 4 PART II. PROJECT COSTS PROJECT COSTS ($1,000) : • (A) Contract: $ 540.0 (B) Const.Engr. : $ 54.0 & Contingency (not to exceed 10%) (C) Totals: $ 594.0 PART III. PROJECT FUNDING ($1.0001 Maximum State Share: Project Costs: $ 594.0 Minus (-) * Federal Funds: (S 0 ) (D) Subtotal: $ 594.0 X 0.5 =$ 297.0 (Max. State Share) (enter on Page 1) Minimum Local Share: Subtotal for above: $ 594.0 Max. State Share: $ 297.0 Minus (-) Min. Local Share: $ 297.0 Identify source of local share funds TDA FUNDS *This includes Local Funds which are used to match Federal Funds. • 12 EX BIT A, 4 of 4 TIERRA REJADA � ROAD I GABBERT ROAD 0 L ,---- -,1. 1 .., \., , r 0 tn lMAUREEN LANE 77 cn 1 i w- cn z (GOLDMAN AVENUE . la e. m ', 1 y < II c) C) \ . ..TI) iSHASTA AVENUE . . � 1 C m _< 0 LIBERTY BELL ROAD w L 0 D I I� u .....) . ( GISLER AVENUE (PROPOSED) . w a) PARK LANE i r. m z c m • MOORPARK AVENUE FLORY AVENUE 3 >--- -( - EXHIBIT B, 1 of 1 `O- % l�J •SFXTE OF CALIFORNIA—BUSINESS AND TRANSPORTATION AGENCY GEORGE DEUKMFJIAN, Governor DEPARTMENT OF TRANSPORTATION >r DISTRICT 7, 120 SO. SPRING St. L '014.4 LOS ANGELES, CA 90012 TDD (213) 620-3550 .. (213) 620-3221 August 14 , 1989 07-Mrpk-SB 140 Mr. Steve Kueny City Manager City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Dear Mr. Kueny : I am pleased to advise you that your applications for the State- Local Transportation Demonstration Program(SB- 140) for the follow- ing projects have been accepted: o Los Angeles Ave. - Maureen Lane to Park Lane o Tierra Rejada Rd. - Spring Rd. to Moorpark Rd. o Peach Hill Rd. @ Spring Rd. o Grimes Cyn Rd. - 1 . 85 M n/o Los Angeles Ave . to 0 .4 M s/o Broadway Road Based on the rules established by the statewide SB- 140 Advisory Committee , you may proceed with the projects listed in this accept- ance letter with the understanding that : 1. Projects will be developed in compliance with the California Environmental Quality Act (CEQA) . AUG 16 1389 CITY OF MOORPAR$ EXHIBIT C, 1 of 1, PAGE 2 Mr. Kueny -2- August 14 , 1989 2 . Projects will be designed in accordance with applicable Local and/or Caltrans standards . 3 . Projects will be advertised, awarded and constructed in accordance with the applicable provisions of the Public Contract Code and Local Ordinances . 4 . Projects are subject to the Disadvantaged Business Enterprise Program and a goal will be assigned to each construction contract . A sample contract special provision is available upon request . 5 . State Share matching funds will be available if and when appropriated by the State Legislature . In addition to the above stated conditions , the project on Los Angeles Avenue (SR 118 ) from Maureen Lane to Park Lane will require a Caltrans Encroachment Permit . This permit can take considerable time to obtain. The City should allow sufficient time to obtain this permit as the SB-140 deadline for award of the project cannot be waived for reasons of failure to obtain this permit . By September 30 , 1989 Caltrans will have compiled an informal list and notified all applicants of the eligible projects and the esti- mated amount of the State ' s participation per project . You will be asked whether you will proceed with the project based on that estimated participating amount . If the project is withdrawn prior to December 31, 1989 , the released funds will be reassigned to the remaining projects and you may resubmit your project and apply for funds at the next application cycle . Caltrans will compile a list of eligible projects by December 31 , 1989 .. You will be informed of the amount of the State ' s partici- pating share and asked if you will proceed with the project based on that participation amount . Your response will be due by April 1 , 1990 . Reimbursement may be requested after the State Legislature has appropriated the State ' s share , provided your agency has executed the State/Local Agency Agreement and awarded the construction contract . EXHIBIT C, 1 of 1, PAGE 3 Mr. Kueny -3- August 14, 1989 The State Legislature intends to appropriate the State' s share of funds by June 30, 1990. Please inform this office in writing of the date of contract award and the contract bid amount as soon as it is available. If you have any questions about the SB 140 program, you may contact W. B. Ballantine at (213) 620-3340 or C. Villanueva at (213) 620-2171. Sincerely, JERRY B. BAXTER District Director District 7 • EXHIBIT C, I of 4 STATE OF CALIFORNIA—BUSINESS AND TRANSPORTATION AGENCY GEORGE DEUKMEJIAN, Governor DEPARTMENT OF TRANSPORTATION DISTRICT 7, 120 50. SPRING ST. 6+' LOS ANGELES, CA 90012 ^" TDD (213) 620-3550 (213) 620-3221 December 4, 1990 07-VEN-0-MRPK SB91-5436( 704) Mr, Ken Gilbert Director of Public Works City of Moorpark 799 Moorpark Avenue Moorpark, Ca. 93021 Dear Mr. Gilbert: Attached in duplicate are State-Local Entity Master Agreement No. SLTPP-5436 covering the State-Local Partnership projects and Program Supplement No. 001. Please return the Agreements, executed on part of the City, with an attached copy of the authorizing resolution. Also, please indicate the date of execution in the areas marked in red. Sincerely, flff7 46641 -hQ- W. B. BA LANTINE, Chief Local Streets and Roads Branch Attachment RECEIVED DEC 6 1990 ',J Cr M' rr).'.. State of California EXHIBIT C, 2 of 4 Business, Transportation and Housing Agency Memorandum To : DISTRICT DIRECTOR -- 07 Date November 16, 1990 Attn: W. B. BALLANTINE Fite No.: 07-VE?d-O-MRPK Loyal Streets and SB9I--5436(704) Roads Engineer From : DEPARTMENT OF TRANSPORTATION • NOV 1990 �� Division of Local Programa 2 ✓ jJti subject: State-Local Entity Master Agreement LOCAL STREETS 8 ROADS and Program Supplement Attached in duplicate are State-Local Entity Master Agreement No. SLTPP-5435 covering State-Local Partnership projects and Program Supplement No. 001 Please have these Agreements signed' by the local entity prior to execution by the District. Also please indicate on the Agreements the dates of signature by the local entity and . execution by the District. The District should return one State-Local Entity Master Agreement and Program Supplement with original signatures and the local agency authorizing resolution to this office. Any changes to the funding or the Special Covenants of this Supplemental Agreement should be discussed with our office. R. D. LEMMON, Chief District Coordination Branch Office of Local Streets and Roads Attachments SMY: jl Disk:WP:B:ENTITY.MAS EXHIBIT C, 3 of 4, page I - -_ . .. , 18/90 STATE-LOCAL ENTITY MASTER AGREEMENT NO. SLTPP-5436 STATE-LOCAL PARTNERSHIP PROGRAM (Pursuant to S&H Code Section 2600 et seq) 07 CITY OF MOORPARK DISTRICT LOCAL ENTITY THIS AGREEMENT, made in duplicate this day of 199_, by and between City of Moorsark a City, County, or LOCAL ENTITY, as defined in Streets and Highways Code Section 260I(a) , hereinafter referred to as "LOCAL ENTITY" , and the State of California, acting by and through the Department of Transportation, herein referred to as "STATE" . WITNESSTH WHEREAS, as provided by Section 2600 et seq. of the Streets and Highways Code, LOCAL ENTITY, has applied for State Share funds to be used for an "Eligible Project" as defined, herein referred to as "PROJECT" selected by LOCAL ENTITY. WHEREAS, STATE is required to enter into an agreement with LOCAL ENTITY to delineate certain responsibilities relative to prosecution of the said PROJECT. NOW, THEREFORE, the parties agree as follows: ARTICLE I - Contract Administration 1. Projects shall be constructed in accordance with this agreement and as described in the Project Termini and Type of Work of the Program Supplemental Agreement. 2 . Unless otherwise provided in the Program Supplement the LOCAL ENTITY shall advertise, award and administer the construction contract for the PROJECT. 3 . The construction work for PROJECT shall be performed by contract. As a condition of acceptance of the State Share Funds provided for this PROJECT, LOCAL ENTITY will abide by the State/Local Partnership Program policies, procedures, guidelines and any special covenants in the Program 1 EXHIBIT C, 3 of 4, PAGE 2 Supplement which is made part of this agreement by this reference. 4 . The estimated cost and scope of PROJECT will be as shown • in the approved Project Application which, by reference herein, is made part of this agreement. A contract for an amount in excess of said estimate may be awarded and expenditures may exceed said estimate provided LOCAL ENTITY will provide the additional funding and that sufficient LOCAL ENTITY money is available to finance same. 5. If the total State Share for all eligible PROJECTS exceeds the amount specified in subdivision (b) of Section 2600 of the Street and Highways Code, the STATE shall compute the pro ratashare of State Share" funds to be available so that each eligible PROJECT will receive the same ratio of State Share to local share funding. 6 . The LOCAL ENTITY agrees that the payment of State Share Funds will be limited to the lesser of the product of multiplying the calculated pro rata percentage as determined by the STATE by either: (a) the Total eligible State/Local Partnership Project Cost in the approved State/Local Partnership Program Application. * (b) the award amount. * (c) the Final Cost amount. * and accepts any consequent increase in LOCAL ENTITY funding requirements. -- * Includes contract items plus a maximum of 10% for contingencies and construction engineering. • 7 . Subsequent to the Legislature appropriating the State Share funds and after the LOCAL ENTITY has entered into: a) this State-Local Entity Master Agreement; b) a project specific Program Supplement; and c) awarded the contract for a eligible project, the LOCAL ENTITY may request and shall receive payment for eligible work as follows: (a) STATE will pay it's proportionate "State's Share" of the eligible participating costs upon LOCAL ENTITY submittal of acceptable monthly progress pay estimates for expenditures. Initial progress billings should cover completed or underway contract work. (b) If PROJECT is a cooperative project and includes work on a STATE highway, PROJECT shall be the subject of a separate cooperative agreement between the STATE and LOCAL ENTITY. 2 EXHIBIT C, 3 of 4, PAGE 3 8 . The Legislature of the State of California and the Governor of the State of California, each within their respective jurisdictions, have prescribed certain employment practices with respect to contract and other work financed with State funds. LOCAL ENTITY shall ensure that work performed under this agreement is done in conformance with the rules and regulations embodying such requirements where they are applicable. 9 . After completion of all work under this agreement and after all costs are known, LOCAL ENTITY shall contract for a • financial audit of the project costs. The Final Audit, to be accomplished at the LOCAL ENTITY'S expense, may be done on an individual project basis, or may be included in the LOCAL ENTITY's annual Single Audit. If an individual project audit is done, the auditor must prepare a Final Audit Report. If the LOCAL ENTITY chooses the Single Audit option, a Management Letter will be required for the State Share funding. In either case, the audit will include compliance tests required by the Single Audit Act and its implementing directive, OMB Circular A-128 . The compliance testing should ensure controls are in place to assure that: (a) Reimbursement claims submitted to the State for the project are supported by payment vouchers and canceled checks. (b) Charges for the various categories of eligible costs incurred by the LOCAL ENTITY are fully supported. (c) Ineligible costs were not claimed as reimbursable on the project. (d) Construction Engineering and contingencies do not exceed 10% of contract items. (e) Local match funds were from an approved source. 10. The Final Project Expenditure Report must be completed within 120 days of project completion and should be in the format described in Volume I , Section 19 , Exhibit 19-la of the Local Programs Manual . The Final Audit must be completed by December 30th following the fiscal year of project completion. Project completion is defined as when all work identified in the approved State/Local Partn?rship Application and Program Supplement Agreement has been completed and final costs are known. The report documents (Final Project Expenditure Report and Final Audit Report) will be sent to the appropriate State Department of Transportation District Office. Failure to comply with these reporting requirements may result in withholding of future 3 EXHIBIT C, 3 of 4, PAGE 4 allocations by the Commission. 11. The State reserves the right to conduct separate technical and financial audits if it is determined necessary. After the financial audit, LOCAL ENTITY shall refund any excess State Share funds reimbursed to LOCAL ENTITY beyond its entitlement. 12 . Should the LOCAL ENTITY fail to pay STATE claims within 30 days of demand, the STATE, acting through State Controller, may withhold an equal amount from future apportionments due the LOCAL ENTITY from the Highway Users Tax Fund. The STATE may, at its option, intercept and apply any monies otherwise- due the LOCAL ENTITY to pay these - claims. 13 . When THE PROJECT includes work to be performed by a railroad, the contract for such work shall be entered into by LOCAL ENTITY. LOCAL ENTITY shall enter into an agreement • with the railroad providing for maintenance of the protective devices or other facilities installed under the service contract and for Railroad Protective Insurance during construction as necessary. ARTICLE II -- Right-of-Way 1. All related rights-of-way as are necessary for the construction PROJECT shall be aOquired by LOCAL ENTITY at its own expense and no contract for construction of PROJECT, or any portion thereof, shall be advertised until the necessary rights-of-way have been secured. • 2 . The furnishing of rights-of-way as provided for herein includes but may not be limited to: (a) all real property required for THE PROJECT free and clear of obstructions and encumbrances. • (b) the. payment of damages to real property not actually taken but injuriously affected by the proposed improvement. (c) the cost of relocating owners and occupants pursuant to Government Code Sections 7260-7277 . (d) the cost of demolition and sale of all improvements on the right of way. (e) the cost of all utility relocation, protection or 4 EXHIBIT C, 3 of 4, PAGE 5 removal legally obligated to be done by the LOCAL ENTITY. (f) the cost of all hazardous materials and waste clean up not reimbursable by prior owners. (g) the costs which arise out of delays to the contractor because utility facilities have not been removed or relocated, or because rights-of-way have not been made available to the contractor for the orderly prosecution of the work. 3 . Should LOCAL ENTITY, in acquiring right-of-way for PROJECT, displace an individual, family, business, farm operation, or nonprofit organization, the LOCAL ENTITY shall provide relocation payments and services as required by California Government Code, Sections 7260-7277. ARTICLE III = Engineering 1. "Preliminary Engineering" costs may not be financed with State Share funds and shall be financed by the LOCAL ENTITY with other sources of funding available to the LOCAL ENTITY. 2 . "Construction Engineering" as used herein includes actual inspection and supervision of construction work, construction staking, laboratory and field_testing, preparation and processing of field reports and records, estimates, final reports, and allowable expenses of employees engaged in such activities and may be financed with State Share funds. Established overhead for employees working directly on an approved PROJECT is eligible for cost sharing. The LOCAL ENTITY shall contribute its general administrative and overhead expense and not bill that cost as part of local contributions. 3 . Unless the parties shall otherwise agree in writing, LOCAL ENTITY'S employees or engineering consultant shall be responsible for all engineering work. When construction engineering is performed by STATE, charges therefore shall include an assessment on direct labor costs in accordance with Section 8755 . 1 of the State Administrative Manual . The portion of such charges not financed at State cost shall be paid from funds of LOCAL ENTITY. ARTICLE IV - Miscellaneous Provisions 1 . The cost of maintenance performed by LOCAL ENTITY forces 5 EXHIBIT C, 3 of 4, PAGE 6 during any temporary suspension of the work or at any other time may not be charged to the PROJECT. 2 . Neither STATE nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by LOCAL ENTITY under or in connection with any work, authority, or jurisdiction delegated to LOCAL ENTITY under this agreement. It is also understood and agreed that, pursuant to Government Code Section 895. 4 , LOCAL ENTITY shall fully indemnify and hold STATE harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by LOCAL ENTITY under or in connection with any work, authority, or jurisdiction delegated to LOCAL ENTITY under this agreement. 3 . Neither LOCAL ENTITY nor any officer or employee thereof, shall be responsible for any damage or liability occurring by reasons of anything done or omitted to be done by STATE under or in connection with any work, authority, or jurisdiction delegated to STATE under this agreement. It is also understood and agreed that pursuant to Government Code Section 895.4, STATE shall fully indemnify and hold LOCAL ENTITY harmless from any liability imposed for injury (as defined by Government Code Section 810. 8) occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority, or jurisdiction delegated to STATE under agreement. 4 . Auditors of STATE shall be given access to LOCAL ENTITY'S books and records for the purpose of verifying costs and pro rata share to be paid. All project documents will be available for inspection by authorized state personnel at any time during project development and for a three-year period from date of final payment under the contract or one year after the audit is completed or waived by the STATE, whichever is longer. If a State audit is conducted, the soTirce of local match funds will be checked to determine if the source complies with the program requirements. ARTICLE V - Accommodation of Utilities 1 . Utility facilities may be accommodated on the right-of-way provided such use and occupancy of the right-of-way does not interfere with the free and safe flow of traffic or otherwise impair the roadway or its scenic appearance; and provided a Use and Occupancy Agreement, setting forth the terms under which the utility facility is to cross or otherwise occupy the right-of-way is executed by the LOCAL ENTITY and OWNER. The Use and Occupancy Agreement setting forth the terms under which the utility facility is to cross or otherwise occupy 6 • EXHIBIT C, 3 of 4, PAGE 7 • the right-of-way must include the provisions set forth in Volume I , Section 12 of the LOCAL PROGRAMS MANUAL published by the STATE, unless otherwise approved by the STATE. 2 . If any protection, relocation or removal of utilities is required within STATE's right-of-way, such work shall be performed in accordance with STATE policy and procedure. • LOCAL ENTITY shall require any utility company performing relocation work in the STATE'S right-of-way to obtain a State Encroachment Permit prior to the performance of said relocation work. Any relocated utilities shall be correctly located and identified on the as-built plans. ARTICLE VI - Condition of Acceptance As a condition of acceptance of the State Share Funds provided for this project, LOCAL ENTITY will abide by the State policies, procedures and guidelines pertaining to the State/Local Partnership Program. IN WITNESS WHEREOF, the parties have executed this agreement by their duly authorized officers. • STATE OF CALIFORNIA LOCAL ENTITY • Department of Transportation By By District Director of Transportation Date "\ Date 7 • EXHIBIT C, 4 of 4 Date: November 15, 1990 PROGRAM SUPPLEMENT NO. 001 Location: 07-VEN-O-MRPK to Project Number: SB91-5436 (704) STATE-LOCAL TRANSPORTATION E.A. Number: 07-928382 PARTNERSHIP PROGRAM AGREEMENT NO. SLTPP-5436 This Program Supplement is hereby incorporated into the State-Local Trans- portation Partnership Program Agreement for State Share Funds which was entered into between the Local Entity and the State on / / and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Paragraph 2 of Article II of the aforemen- tioned Master Agreement under authority of Resolution No. approved by the Local Entity onxj (See copy attached) . The Local Entity further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with any covenants or remarks setforth on the following pages. PROJECT TERMINI: LOS ANGELES AVE. :MAUREEN TO PARK LANE TYPE OF WORK: WIDEN AND PAVE WITH A.C. LENGTH: 0. 0 (MILES) PROJECT CLASSIFICATION OR PHASE(S) OF WORK [X] Construction/Construction Engineering/Contingencies Estimated Cost' State Share Funds I Matching Funds Local OTHER OTHER $ 462 , 850 $ 100, 774 $ 362 , 076 $ 0 $ 0 $ 0 CITY OF MOORPARK STATE OF CALIFORNIA Department of Transportation By By CHIEF, LOCAL STREETS AND ROADS BRANCH XDate Date Attest Title I hereby Certify upon my personal knowledge that budgeted fundsare available for this encumbrance: Accounting Offic-1' A'//iI///�1f�1 Date j/./5- 9c $ 100774 . 00 Chapter' Statutes Item 1l Yyar 1 Program 'BC' Fund Source ' AMOUNT 467 1990 2660-301-042 90-91 20.25.010.100 C •1 -'� S U `�/] IGS ii 4.00 • , v V l II�1 NOV 21 1990 L;!' LOCAL STREETS 8. ROADS • 118/90 STATE-LOCAL ENTITY MASTER AGREEMENT NO. SLUFF-5436 STATE-LOCAL PARTNERSHIP PROGRAM (Pursuant to S&H Code Section 2600 et seq) 07 CITY OF MOORPRK DISTRICT LOCAL ENTITY THIS AGREEMENT, made in duplicate this day of 199_, by and between City of Moorpark a City, County, or LOCAL ENTITY, as defined in Streets and Highways Code Section 2601(a) , hereinafter referred to as "LOCAL ENTITY" , and the State of California, acting by and through the Department of Transportation, herein referred to as "STATE" . • WITNESSTH WHEREAS , as provided by Section 2600 et seq. of the Streets and Highways Code, LOCAL ENTITY, has applied for State Share funds to be used for an "Eligible Project" as defined, herein referred to as "PROJECT" selected by LOCAL ENTITY. WHEREAS, STATE is required to enter into an agreement with LOCAL ENTITY to delineate certain responsibilities relative to prosecution of the said PROJECT. NOW, THEREFORE, the parties agree as follows: ARTICLE I - Contract Administration 1. Projects shall be constructed in accordance with this agreement and as described in the Project Termini and Type of Work of the Program Supplemental Agreement. 2 . Unless otherwise provided in the Program Supplement the LOCAL ENTITY shall advertise, award and administer the construction contract for the PROJECT. 3 . The construction work for PROJECT shall be performed by contract. As a condition of acceptance of the State Share Funds provided for this PROJECT, LOCAL ENTITY will abide by the State/Local Partnership Program policies , procedures, guidelines and any special covenants in the Program 1 7O- 73 Supplement which is made part of this agreement by this reference. 4 . The estimated cost and scope of PROJECT will be as shown in the approved Project Application which, by reference herein, is made part of this agreement. A contract for an amount in excess of said estimate may be awarded and expenditures may exceed said estimate provided LOCAL ENTITY will provide the additional funding and that sufficient LOCAL ENTITY money is available to finance same. 5 . If the total State Share for all eligible PROJECTS exceeds the amount specified in subdivision (b) of Section 2600 of the Street and Highways Code, the STATE shall compute the pro ratashare of State Share funds to be available so that each eligible PROJECT will receive the same ratio of State Share to local share funding. 6 . The LOCAL ENTITY agrees that. the payment of State Share Funds will be limited to the lesser of the product of multiplying the calculated pro rata percentage as determined by the STATE by either: (a) the Total eligible State/Local Partnership Project Cost in the approved State/Local Partnership Program Application. * (b) the award amount. * (c) the Final Cost amount. * and accepts any consequent increase in LOCAL ENTITY funding requirements. - * Includes contract items plus a maximum of 10% for contingencies and construction engineering. • 7 . Subsequent to the Legislature appropriating the State • Share funds and after the LOCAL ENTITY has entered into: a) this State-Local Entity Master Agreement; b) a project specific Program Supplement; and c) awarded the contract for a eligible project, the LOCAL ENTITY may request and shall receive payment for eligible work as follows: (a) STATE will pay it' s proportionate "State' s Share" of the eligible participating costs upon LOCAL ENTITY submittal of acceptable monthly progress pay estimates for expenditures. Initial progress billings should cover completed or underway contract work. (b) If PROJECT is a cooperative project and includes work on a STATE highway, PROJECT shall be the subject of a separate cooperative agreement between the STATE and LOCAL ENTITY. 2 8 . The Legislature of the State of California and the Governor of the State of California, each within their respective jurisdictions, have prescribed certain employment practices with respect to contract and other work financed with State funds. LOCAL ENTITY shall ensure that work performed under this agreement is done in conformance with the rules and regulations embodying such requirements where they are applicable. 9 . After completion of all work under this agreement and after all costs are known, LOCAL ENTITY shall contract for a • financial audit of the project costs. The Final Audit, to be accomplished at the LOCAL ENTITY'S expense, may be done on an individual project basis, or may be included in the LOCAL ENTITY's annual Single Audit. If an individual project audit is done, the auditor must prepare a Final Audit Report. If the LOCAL ENTITY chooses the Single Audit option, a Management Letter will be required for the State Share funding. In either case, the audit will include compliance tests required by the Single Audit Act and its implementing directive, OMB Circular A-128. The compliance testing should ensure controls are in place to assure that: (a) Reimbursement claims submitted to the State for the project are supported by payment vouchers and canceled checks. (b) Charges for the various categories of eligible costs incurred by the LOCAL ENTITY are fully supported. (c) Ineligible costs were not claimed as reimbursable on the project. (d) Construction Engineering and contingencies do not exceed 10% of contract items. (e) Local match funds were from an approved source. • 10 . The Final Project Expenditure Report must be completed • within 120 days of project completion and should be in the format described in Volume I, Section 19,. Exhibit 19-la of the Local Programs Manual. The Final Audit must be completed by December 30th following the fiscal year of project completion. Project completion is defined as when all work identified in the approved State/Local Partnership Application and Program Supplement Agreement has been completed and final costs are known. The report documents (Final Project Expenditure Report and Final Audit Report) will be sent to the appropriate State Department of Transportation District Office. Failure to comply with these reporting requirements may result in withholding of future 3 allocations by the Commission. 11. The State reserves the right to conduct separate technical and financial audits if it is determined necessary. After the financial audit, LOCAL ENTITY shall refund any excess State Share funds reimbursed to LOCAL ENTITY beyond its entitlement. 12 . Should the LOCAL ENTITY fail to pay STATE claims within 30 days of demand, the STATE, acting through State Controller, may withhold an equal amount from future apportionments due the LOCAL ENTITY from the Highway Users Tax Fund. The STATE may, at its option, intercept and apply any monies otherwise. due the LOCAL ENTITY to pay these • claims. 13 . When THE PROJECT includes work to be performed by a railroad, the contract for such work shall be entered into by LOCAL ENTITY. LOCAL ENTITY shall enter into an agreement • with the railroad providing for maintenance of the protective devices or other facilities installed under the service contract and for Railroad Protective Insurance during construction as necessary. ARTICLE II - Right-of-Way 1. All related rights-of-way as are necessary for the construction PROJECT shall be aoquired by LOCAL ENTITY at its own expense and no contract for construction of PROJECT, or any portion thereof, shall be advertised until the necessary rights-of-way have been secured. • 2 . The furnishing of rights-of-way as provided for herein includes but may not be limited to: (a) all real property required for THE PROJECT free and clear of obstructions and encumbrances. (b) the payment of damages to real property not actually taken but injuriously affected by the proposed improvement. (c) the cost of relocating owners and occupants pursuant to Government Code Sections 7260-7277 . (d) the cost of demolition and sale of all improvements on the right of way. (e) the cost of all utility relocation, protection or 4 • removal legally obligated to be done by the LOCAL ENTITY. (f) the cost of all hazardous materials and waste clean up not reimbursable by prior owners. (g) the costs which arise out of delays to the contractor because utility facilities have not been removed or relocated, or because rights-of-way have not been made available to the contractor for the orderly prosecution of the work. 3 . Should LOCAL ENTITY, in acquiring right-of-way for PROJECT, displace an individual, family, business, farm operation, or nonprofit organization, the LOCAL ENTITY shall provide relocation payments and services as required by California Government Code, Sections 7260-7277. ARTICLE III - Engineering 1. "Preliminary Engineering" costs may not be financed with State Share funds and shall be financed by the LOCAL ENTITY with other sources of funding available to the LOCAL ENTITY. 2 . "Construction Engineering" as used herein includes actual inspection and supervision of construction work, construction staking, laboratory and field_testing, preparation and processing of field reports and records, estimates, final reports, and allowable expenses of employees engaged in such activities and may be financed with State Share funds. Established overhead for employees working directly on an approved PROJECT is eligible for cost sharing. The LOCAL ENTITY shall contribute its general administrative and overhead expense and not bill that cost as part of local contributions. 3 . Unless the parties shall otherwise agree in writing, LOCAL ENTITY'S employees or engineering consultant shall be responsible for all engineering work. When construction engineering is performed by STATE, charges therefore shall include an assessment on direct labor costs in accordance with Section 8755. 1 of the State Administrative Manual . The portion of such charges not financed at State cost shall be paid from funds of LOCAL ENTITY. ARTICLE IV - Miscellaneous Provisions 1. The cost of maintenance performed by LOCAL ENTITY forces 5 • during any temporary suspension of the work or at any other • time may not be charged to the PROJECT. 2 . Neither STATE nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by LOCAL ENTITY under or in connection with any work, authority, or jurisdiction delegated to LOCAL ENTITY under this agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4 , LOCAL ENTITY shall fully indemnify and hold STATE harmless from any liability imposed for injury (as defined by Government Code Section 810. 8) occurring by reason of anything done or omitted to be done by LOCAL ENTITY under or in connection with any work, authority, or jurisdiction delegated to LOCAL ENTITY under this agreement. 3 . Neither LOCAL 'ENTITY nor any officer or employee thereof, shall be responsible for any- damage or liability occurring by reas=ons of anything done or omitted to be done by STATE under or in connection with any work, authority, or jurisdiction delegated to STATE under this agreement. It is also understood and agreed that pursuant to Government Code Section 895.4, STATE shall fully indemnify and hold LOCAL ENTITY harmless from any liability imposed for injury (as defined by Government Code Section 810. 8) occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority, or jurisdiction delegated to STATE under agreement. 4 . Auditors of STATE shall be given access to LOCAL ENTITY'S books and records for the purpose of verifying costs and pro rata share to be paid. All project documents will be available for inspection by authorized state personnel at any time during project development and for a three-year period from date of final payment under the contract or one year after the audit is completed or waived by the STATE, whichever is longer. If a State audit is conducted, the source of local match funds will be checked to determine if the source complies with the program requirements. ARTICLE V - Accommodation of Utilities • 1. Utility facilities may be accommodated on the right-of-way provided such use and occupancy of the right-of-way does not interfere with the free and safe flow of traffic or otherwise impair the roadway or its scenic appearance; and provided a Use and Occupancy Agreement, setting forth the terms under which the utility facility is to cross or otherwise occupy the right-of-way is executed by the LOCAL ENTITY and OWNER. The Use and Occupancy Agreement setting forth the terms under which the utility facility is to cross or otherwise occupy 6 the right-of-way must include the provisions set forth in Volume I , Section 12 of the LOCAL PROGRAMS MANUAL published by the STATE, unless otherwise approved by the STATE. 2 . If any protection, relocation or removal of utilities is required within STATE'S right-of-way, such work shall be performed in accordance with STATE policy and procedure.. LOCAL ENTITY shall require any utility company performing relocation work in the STATE'S right-of-way to obtain a State Encroachment Permit prior to the performance of said relocation work. Any relocated utilities shall be correctly located and identified on the as-built plans. ARTICLE VI - Condition of Acceptance As a condition of acceptance of the State Share Funds provided for this project, LOCAL ENTITY will abide by the State policies, procedures and guidelines pertaining to the State/Local Partnership Program. IN WITNESS WHEREOF, the parties have executed this agreement by their duly authorized officers. • STATE OF CALIFORNIA LOCAL ENTITY Department of Transportation By B• District Director of Transportation Date • X Date / ;2,//0,%) 7