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HomeMy WebLinkAboutAGENDA REPORT 1996 0207 CC REG ITEM 07EITEM AGENDA REPORT C X rrw OF MOORPARK - TO: The Honorable City Council 6 X179 FROM: Kenneth C. Gilbert, Director of Public Works DATE: January 26, 1996 (Council Meeting 2 -7 -96) SUBJECT: Consider Resolution No. 96- 1176 Approving the State / City Master Agreement Pertaining to Federal Aid Projects and the Program Supplement Pertaining to Surface Transportation Program Funding for the 1995 Asphalt Overlay Project 121-NAel 11 The federal highway program, known as the Intermodal Surface Transportation Efficiency Act (ISTEA), includes a number of transportation funding programs. One such program is the Surface Transportation Program (STP). In Ventura County a portion of STP funds were used to fund project of regional significance. Another portion of STP funds were allocated to each City (and the County) pursuant to an agreed upon formula. The amount of local STP funds allocated to the City of Moorpark was $480,000. The City has applied for and received preliminary approval of STP funding in the amount of $480,000 to partially fund the 1995 Asphalt Overlay Project. That project calls for the construction of minor repairs and the construction of an asphalt overlay on the following streets: 1) Tierra Rejada Road from L. A. Ave. to Spring Road; 2) Spring Road south of Peach Hill Road; 3) Old Los Angeles Avenue east of the Rail crossing; 4) Flory Avenue; 5) Magnolia Avenue south of Charles Street 6) Goldman Avenue. One of the requirements of the subject federal highway grant program is the execution by the City of a Master Agreement pertaining to Federal -Aid Highway projects, and a Program supplement pertaining to the STP funds approved for the Asphalt Overlay Project. Staff recommends that the City Council adopt the attached Resolution approving the subject Master Agreement and Program Supplement and authorizing the Mayor to execute said document on behalf of the City Council. stp -afire 0 ()()UJi �6 -V8 MASTER AGREEMENT AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS 07 City of Mo=ark District Local Agency Agreement No. 07 -5436 This AGREEMENT, made effective this day of ,19_, is by and between the City of Moorpark, hereinafter referred to as "AGENCY," and the State of California, acting by and through the California Department of Transportation (Caltrans), hereinafter referred to as "STATE." WITNESSETH: WHEREAS, the Congress of the United States has enacted the Intermodal Surface Transportation Efficiency Act of 1991 to fund programs which include but are not limited to, the Surface Transportation Program (RSTP), the Congestion Mitigation and Air Quality Improvement Program (CMAQ), the Transportation Enhancement Activities Program (TEA), and the Bridge Replacement and Rehabilitation Program (HBRR) (collectively the "Programs "); and WHEREAS, the Legislature of the State of California has enacted legislation by which certain Federal funds (RSTP and CMAQ) may be made available for use on local transportation facilities of public entities qualified to act as recipients of these federal funds in accordance with the intent of Federal law; and WHEREAS, before Federal -aid will be made available for a specific Program project, AGENCY and STATE are required to enter into an agreement relative to prosecution of said project and maintenance of the completed facility. NOW, THEREFORE, the parties agree as follows: ARTICLE I - PROJECT ADMINISTRATION 1. This AGREEMENT shall have no force or effect with respect to any Program project unless and until a project specific Program Supplement to this AGREEMENT for Federal -aid Projects, hereinafter referred to as "PROGRAM SUPPLEMENT", has been executed 2. The term "PROJECT" as used herein means that authorized project financed in part with Federal funds as further described in an "Authorization to Proceed" document executed by STATE, in the subsequent specific PROGRAM SUPPLEMENT, and in Federal -aid Project Agreement (PR -2). 3. The Financial commitment of STATE administered federal funds will occur only upon the execution of this AGREEMENT, and the execution of each PROJECT specific PROGRAM SUPPLEMENT and PR -2. 11/29/95 00005 4. AGENCY further agrees, as a condition to payment of funds obligated to a PROJECT, to comply with all the agreed upon Special Covenants or Remarks attached to the PROGRAM SUPPLEMENT identifying and defining the nature of the specific PROJECT. 5. The 1'R( )GRAM SUPPLEMENT shall designate the party responsible for implementing the various phases of the PROJECT, the Federal funds requested, and the matching funds to be provided by AGENCY and/or STATI?. Adoption of the PROGRAM SUPPLEMENT by AGENCY and approval by STATE shall cause such PROGRAM SIJI'PI.I;MENT to be executed and be a part of this AGREEMENT as though fully set forth heivhi. l Inless otherwise expressly delegated in a resolution by the AGENCY's governing body, the PR(K;R AM SUPPLEMENT shall be approved and managed by the AGENCY's governing body. 6. AGENCY shall conform to all State statutes, regulations and procedures (including those set forth in LPP 95 -07, "Reengineering" and subsequent approved revisions and Local Programs Manual updates, hereafter referred to as REENGINEERED PROCEDURES) relating to the Federal -aid Program, all Title 23 Federal wNuirements, and all applicable Federal laws, regulations, and policy and procedural or instructional memoranda unless otherwise designated in the approved PROGRAM SUPPLEMENT. 7. If l)W )JI CT involves work on the State highway system, it shall also be the subject of a separate standard form of encroachment permit and, where appropriate, a cooperative agreement between STATE and A(.;l?N('Y to determine how the PROJECT is to be constructed. 8. If I'ROJIXT is not on STATI: -owned right of way, PROJECT shall be constructed in accordance with ItEI?NGINI3ERED PROCEDURES. The REENGINEERED PROCEDURES describe minimum statewide design standards for local agency streets and roads. The REENGINEERED PROCEDURES for projects off the National Highway System (NHS) allow the STATE to accept either the minimum statewide design standards or AGENCY approved geometric design standards. Also, for projects off the NI IS, S•rATIS will accept AGENCY approved standard specifications, standard plans, and materials sampling and testing duality assurance programs that meet the conditions described in the REENGINEEREID I'R(K'I:DURES. 9. When PROJECT is not on the State highway system but includes work to be performed by a railroad, the contract for such work shall he prepared by AGENCY or by STATE, as the parties may hereafter agree. In either event, AGENCY shall enter into an agreement with the railroad providing for future maintenance of protective devices or other facilities installed under the contract. 10. AGENCY shal I provide or arrange for adequate supervision and inspection of each PROJECT. As provided in the REENGINEERED PROCEDURES, work may be performed by a consultant(s), provided a fully qualified and licensed employee of AGENCY is in responsible charge. 11. The Congress of the United States, the Legislature of the State of California, and the Governor of the State of ('alifornia, each within their respective jurisdiction, have prescribed certain employment practices with respect to work financed with Federal or State funds. AGENCY agrees to comply with the requirements of the FAIR EMPLOYMENT PRACTICES ADDENDUM (Exhibit A attached hereto) whenever State funds Iinance part of the PROJECT, and the NONDISCRIMINATION ASSURANCES (Exlrihit B attached hereto). AGENCY further agrees that any agreement entered into by AGENCY with a third party for performance of work connected with the PROJECT shall incorporate Exhibits A (whenever State funds finance part of the PROJECT) and Exhibit B (with third party's name replacing AGENCY) as parts ol' such agreement. 2 11/29/96 000060 ARTICLE II - RIGHTS OF WAY I . No contract for the construction of a Federal -aid PROJECT shall be awarded until the necessary rights of way have been secured. Prior to the advertising for construction of the PROJECT, AGENCY shall certify and, upon request, shall furnish STATE with evidence that necessary rights of way are available for consU•uction purposes or will be available by the time of award of the construction contract. 2. AGENCY agrees to indemnify and hold STATE harmless from any liability which may result in the event the right of way for a PROJECT is not clear as certified. The furnishing of right of way as provided for herein includes, in addition to all real property required for the PROJECT, title free and clear of obstructions and encumbrances affecting PROJECT and the payment, as required by applicable law, of damages to real property not actually taken but injuriously affected by PROJECT: AGENCY shall pay, from its own non- matching funds, any costs which arise out of delays to the construction of the PROJECT because utility facilities have not been removed or relocated, or because rights of way have not been made available to AGENCY for the orderly prosecution of PROJECT work. 3. Subject to STATE approval and such supervision as is required in REENGINEERED PROCEDURES over AGENCY ;s right of way acquisition procedures, AGENCY may claim reimbursement from Federal funds for expenditures to purchase only necessary rights of way included in PROJECT after crediting PROJECT with the fair market value of any excess property retained and not disposed of by AGENCY. 4. When real property rights are to be acquired by AGENCY for a PROJECT , said AGENCY must carry 0111 that acquisition in compliance with the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 5. Whether or not E�ederal -aid is to he requested for right of way, should AGENCY, in acquiring right of way Im- PROJECT, displace an individual, family, business, farm operation, or non- profit organization, relocation payments and services will be provided as set forth in Chapter 5 of Title 23, U. S. Code. The public will he adequately infonned of the relocation payments and services which will be available, and, to the greatest extent practicable, no person lawfully occupying real property shall be required to move from his/her dwelling or to move his/her business or farm operation without at least 90- days written notice from AGENCY. AGI:;NCY will provide STATE with specific assurances, on each portion of the PROJI -K I', that no person will he displaced until comparable decent, safe and sanitary replacement housing is available within a reasonable period of time prior to displacement, and that AGENCY's relocation program is realistic and adequate to provide orderly, timely and efficient relocation of displaced persons for the PROJECT as provided in Federal Highway Programs Manual (FHPM 7 -5). 6. In all real property transactions acquired for the PROJECT, following recordation of the deed or such other recorded instrument evidencing title in the name of the AGENCY or their assignee, there shall also he recorded a separate document which is an Agreement Declaring Restrictive Covenants. Said Agreement Declaring Restrictive Covenants will incorporate the assurances included within Exhibits A and B and Appendices A, B, C and D, as appropriate, when executed by AGENCY. 3 00061129/95 ARTICLE 111 - MANAGE'NIE T AND MAINTENANCE OF PROPERTY I . AGENCY will maintain and operate the PROJECT property acquired, developed, rehabilitated, or restored for it% intended public use until such time as the parties might amend this AGREEMENT to otherwise provide. With the approval of STATE, AGENCY or its successors in interest in the property may transfer this obligation and responsibility to maintain and operate the property to another public entity. 2. Upon AGENCY acceptance of the completed Federal -aid construction contract or upon contractor being relieved of the responsihility I'm maintaining and protecting a portion of the work, the agency having .jurisdiction over the PRORIX -f- shall maintain the completed work in a manner satisfactory to the authorized representatives of S'TA'TE and the United States. If, within 90 days after receipt of notice from STATE that a PROJECT, or any portion thereof, under AGENCY's jurisdiction is not being properly maintained and AGENCY has not satisfactorily remedied the conditions complained of, the approval of future Federal -aid projects of AGENCY will be withheld until the PROJECT shall have been put in a condition of maintenance satislactory to STATE and the Federal Highway Administration. The provisions of this section shall not apply to a PROJECT which has been vacated through due process of law. 3. The maintenance referred to in paragraph 2 above includes not only the physical condition of the PROJECT but its operation as well. PROJECT shall be maintained by an adequate and well - trained staff of engineers and /or such other prolcssionals and technicians as the project requires. Said maintenance staff' may he employees of A( l .NCY, another unit of government or a contractor under agreement with AGENCY. All maintenance will he performed at regular intervals or as required for efficient operation of the complete PROJECT improvements. ARTICLE 1V - FISCAL PROVISIONS 1. The PROJECT, or portions thereof, must be included in a Federally- approved Statewide Transportation Improvement Program (FSTIP) prior to AGENCY submittal of the "Request for Authorization ". 2. State. rind Fedend funds will not participate in PROJECT work performed in advance of approval of the "Authorization to Proceed ". The parties shall execute a PROGRAM SUPPLEMENT between STATE and A(;I NCY subsequently incorporating the "Authorization to Proceed ". 3. AGENCY may submit invoices in arrears for reimbursement of participating PROJECT costs on a monthly or quarterly progress basis once the PROJECT PROGRAM SUPPLEMENT has been executed by STA'TE;;und the PR -2 has hcen executed by FHWA. The total of all amounts claimed, plus any required matching funds, must not exceed the actual total allowable costs of all completed engineering work, right -ol' -way acquisition, and construction, 4. Invoices shall he submitted on AGENCY letterhead and shall include this AGREEMENT number, Federal -aid project numher and Progress billing number for the PROJECT, and shall be in accordance with IZEEN61NEERED PRO('I ?I)llltl?S. 5. The estimated total cost oI PIlOJEC "(, the amounts of Federal -aid programmed, and the matching amounts agreed upon may be adjusted by a mutual consent of the parties hereto in a Finance Letter/Detail Estimate and a PR -2 document which are to be considered as part of this AGREEMENT. Federal -aid program amounts may be increased to cover PROJECT cost increases only if such funds are available and FHWA concurs with that increase. 4 0000 ` Z 1/29/95 6. When additional federal -aid funds are not available, the AGENCY agrees that the payment of Federal funds will be limited to the amounts approved by the PR -2, or its modification (PR -2A), and agrees that any increases in PROJECT costs must be defrayed with AGENCY funds. 7. AGIiN(:'Y shall use its own nonfederal -aid funds to finance the local share of eligible costs and all expendituivs ruled ineligible for financing with Federal funds. STATE shall make the determination of AGENCY cost eligibility for Federal fund financing. 8. Any overpayment to AGENCY of amounts invoiced shall be returned to STATE by AGENCY upon written demand. 9. Should AGENCY fail to refund all moneys due STATE as provided hereunder or should AGENCY breach this Agreement by failing to complete PROJECT, then, within 30 days of demand, or within such other period as may be agreed in writing between the parties hereto, STATE, acting through State Controller, the State Treasurer or any other public agency, may withhold or demand a transfer of an amount equal to the amount owed to STATE from future apportionments, or any other funds due AGENCY from tlW I lighway Users Tax Fund or any other funds and/or may withhold approval of future AGENCY Federal -aid projects. 10. Should AGI?NCY he declared to he in breach of this AGREEMENT or otherwise in default thereof by STATE, and il' A(;I NC'Y is constituted as a joint powers authority, special district or any other public entity not directly receiving funds through the State Controller, STATE is authorized to obtain reimbursement from whatever sources of funding are available, including the withholding or transfer of funds, pursuant to Article IV - 9, from those constituent entities comprising a joint powers authority or by bringing of an action against AGENCY or its constituent member entities, to recover all funds provided by STATE hereunder. ARTICLE V - IZE'1'ENTION OF RECORDS /AUDITS 1. Fur the purpose of determining compliance with Public Contract Code Section 10115, et. seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et, seq., when applicable, and other matters connected with the performance of the Agreement pursuant to Government Code Section 10532, AGENCY and any third party under contract with AGENCY shall retain all original records to the project financed with Cederal funds and shall make records available upon request by Federal and State representatives. Following final settlement of the project costs with FHWA the records/documents may be microfilmed by the AGENCY, but in any event shall be retained for a period of three years from STATE payment of the final voucher, or a four year period from the date of the final payment under the contract, whichever is longer. AGENCY shall retain records/documents longer if required in writing by STATE. 2. Per the Single Audit Act of 1984, any AGENCY that receives $100,000.00 or more per fiscal year in Federal Financial Assistance shall have an audit performed by an independent audit firm per the Single Audit Art - (see OMB -A 128- "Audits of State and Local Governments "). AR'T'ICLE VI - FEDERAL LOBBYING ACTIVITIES CERTIFICATION 1. By execution of this AGIZ11"MENT, AGENCY certifies, to the best of the signatory officer's knowledge and belief', that: A. No S'T'ATE or Federal appropriated funds have been paid or will be paid, by or on behalf of AGENCY, to any person for hilluencing or attempting to influence an officer or employee of any STATE or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in 5 00006'a 11/29/95 connection with the awarding of any STATE or Federal contract including this Agreement, the making of any STATE or Federal loan, the entering into of any cooperative contract, and the extension, continuation, renewal, amendment, or modification of any STATE or Federal contract, grant, loan, or cooperative contract. 13. if any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with this Agreement, grant, local, or cooperative contract, AGENCY shall complete and submit_ Standard Form -L.LL, "Disclosure Form to Rep Lobbying ", in accordance with the form instructions. C. 'Phis certification is a material representation of fact upon which reliance was placed when this Agreement was made or entered into. Submission of this certification is a prerequisite for making or entering into this Agreement imposed by Section 1352, Title 31, U. S. Code. Any party who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $1(x),(XX) lor each such failure. 2. AGENCY also agrees by signing this document that the language of this certification will be included in all lower tier sub - agreements which exceed $100,000 and that all such sub - recipients shall certify and disclose accordingly. ARTICLE VII - MISCELLANEOUS PROVISIONS 1. 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 AGENCY under or in connection with any work, authority or jurisdiction delegated to AGENCY under this AGREEMENT. It is understood and agreed that, pursuant to Government Code Section 895.4, AGENCY shall fully defend, indemnify and save harmless STATE, its officers, and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by AGENCY under or in connection with any work, authority or jurisdiction delegated to AGENCY under this Agreement. STATE reserves the right to represent itself in any litigation in which STATE's interests are at stake. 2. Neither AGENCY 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 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 AGENCY harmless from any liability imposed for injury (as defined by Government Code Section 810.8) l.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 this Agreement. AGENCY reserves the right to represent itself in any litigation in which AGENCY 's interests are at stake. 3. AGENCY and the officers and employees of AGENCY, when engaged in the performance of this Agreement, shall act in an independent capacity and not as officers, employees or agents of STATE. 4. STATI may terminate this AGREEMENT with AGENCY should AGENCY fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, STATH, may proceed with the PROJECT work in any manner deemed proper by STATE. If STATE terminates this AGREEMENT with AGENCY, STATE shall pay AGENCY the sum due AGENCY under this AGREEMENT prior to termination, provided, however, that the cost of PROJECT completion to STATE' shall first he deducted from any sum due AGENCY under this AGREEMENT, and the balance, if' any, shall then he paid AGENCY upon demand. 6 000064 11/29195 5. Without the written consent of STATE, this AGREEMENT is not assignable by AGENCY either in whole or in part. 6. No alteration or variation of the terms of this AGREEMENT shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or Agreement not incorporated herein shall he binding on any of the parties hereto. 7. AGENCY warrants, by execution of this AGREEMENT, that no person or selling agency has been employed or retained to solicit or secure this AGREEMENT upon an Agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide eslahlished commercial or sellin, agencies maintained by AGENCY for the purpose of securing business. I1or breach or violation of this warranty, STATE has the right to annul this AGREEMENT without liability, pay only for the value of the work actually performed, or in STATE's discretion, to deduct from the price of consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. R. In accordance with Public Contract Code Section 10296, AGENCY hereby certifies under penalty of perjury that no more than one final unappealable finding of contempt of court by a Federal court has been issued against AGENCY within the immediate preceding two-year period because of AGENCY's failure to comply with an order of a Federal court that orders AGENCY to comply with an order of the National Labor Relations Board. 9. AGENCY shall disclose any financial, business, or other relationship with STATE or the FHWA that may have an impact upon the outcome of this AGREEMENT. AGENCY shall also list current contractors who may have a financial interest in the outcome of this AGREEMENT. 10. AGENCY hereby certifies that it does not now have nor shall it acquire any financial or business interest Ihat would conflict with the performance of PROJECT under this AGREEMENT. 11. AGENCY warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any STATE employee. For breach or violation of this warranty, STATE' shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the work actually performed, or to deduct from the PROGRAM SUPPLEMENT price or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration. 12. This Agreement is subject to any additional restrictions, limitations, conditions, or any statute enacted by the State Legislature that may affect the provisions, terms, or funding of this AGREEMENT in any manner. AR'T'ICLE VIII - T E,RMINATION OF AGREEMENT I . This Agreement and any PR( )GRAM SUPPLEMENT(s) executed under this AGREEMENT shall terminate upon 60 days' prior written notice by STATE. 2. Each separate PROGRAM SUPPLEMENT shall separately establish the term and funding limits for each described PROJECT funded under this Federal -aid program. No STATE or FHWA funds are obligated against this AGREEMENT. 000065 7 11/29/95 IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized officers. STATE OF CALIFORNIA DEQARTMFNT CF TRANSPCRTAn0N STATE Representative Name & Title Approval Recommended: Local Programs Area Engineer City of Moorpark I:A AGENCY Representative Name & Title (Authorized Governing Body Representative) 000066 8 11/29/95 EXHIBIT A 1�'AIR EMPLOYMENT' PRACTICES ADDENDUM 1. In the performance of this Agreement, AGENCY will not discriminate against any employee for employment because of race, color, sex, religion, ancestry or national origin. AGENCY will take affirmative action to ensure that employees are treated during employment, without regard to their race, sex, actual or perceived sexual orientation, color, religion, ancestry, or national origin. Such action shall include, but not he limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. AGENCY shall post in conspicuous places, available to employees I'or employment, notices to he provided by STATE setting forth the provisions of this Fair Employment section. 2. AGENCY will permit access to the records of employment, employment advertisements, application forms, and other pertinent data and records by STATE, the State Fair Employment and Housing Commission, or any other agency of the State of California designated by STATE, for the purposes of investigation to ascertain compliance with the Fair Employment section of this Agreement. 3. Reniedics for Willful Violation: (n) STATE may determine a willful violation of the Fair Employment provision to have occurred upon receipt of a final judgment to that effect from a court in an action to which AGENCY was a party, or upon receipt of a written notice from the Fair Employment and 1 lousing Commission that it has investigated and determined that AGENCY has violated the Fair Employment Practices Act and had issued an order under Labor Code Section 1426 which has become final or has obtained an injunction under Labor Code. Section 1429.- (I►) I 'or willful violation of this Fair Employment Provision, STATE shall have the right to terminate this Agreement either in whole or in part, and any loss or damage sustained by STATI7 in securing the goods or services thereunder shall be borne and paid for by A(;I: N('Y and by the surety under the performance bond, if any, and STATE may deduct from any moneys due or thereafter may become due to AGENCY, the difference between the price named in the Agreement and the actual cost thereof to STATE to cure AGENCY's breach of this Agreement. 000067 9 11/29/95 EXHIBIT B NONDISCRIMINATION ASSURANCES AGENCY I IERE[3Y AGREES 'TI IA'T as a condition to receiving any Federal financial assistance from the STATI ?, acting for the U. S. Department of Transportation, it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2W0d -42 U.S.C. 2000d -4 (hereinafter referred to as the ACT), and all wiluirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of 'Transportation , Subtitle A, Ofl ice of the Secretary, Part 21, Nondiscrimination in Federally - Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the REGULATIONS), the Federal -aid Highway Act of 1973, and other pertinent directives, to the end that in accordance with the ACT, REGULATIONS, and other pertinent directives, no person in the United States shall, on the grounds of race, color, sex, national origin, religion, age or disability, be excluded from participation in, be denied the benefits of, or be otherwise subie�•ted to discrimination under any program or activity for which AGENCY receives Federal financial assistance from the I"ede al Department of Transportation, AGENCY HEREBY GIVES ASSURANCE TI EAT AGENCY will promptly take any measures necessary to effectuate this agreement. This assurance is required by subsection 21.7(a) (1) of the REGULATIONS. More specil ically and without limiting the above general assurance, AGENCY hereby gives the following specific asswances with respect to its Federal -aid Program: 1. That AGENCY agrees that each "program" and each "facility" as defined in subsections 21.23 (e) and 21.23 (b) of the REGULATIONS, will be (with regard to a "program ") conducted, or will be (with regard to a "facility ") operated in compliance with all requirements imposed by, or pursuant to, the REGULATIONS. 2. That AGE'NC'Y shall insert the following notification in all solicitations for bids for work or material subject to dw RI GI II,ATIONS made in connection with the Federal -aid Program and, in adapted form in all (proposals for ncgutiated agreements: AGENCY hereby notil ies all bidders that it will affirmatively insure that in any agreement entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on thy grounds of race, color, sex, national origin, religion, age or disability in consideration for an award. 3. 'That AGENCY shall insert the clauus of Appendix A of this assurance in every agreement subject to the AC I' and the RIGULATIONS. .4. That the clauses of• Appendix 13 of this Assurance shall be included as a covenant running with the land, in any deed effecting a transfer of real property, structures, or improvements thereon, or interest therein. 5. That where AGENCY receives Federal financial assistance to construct a facility, or part of a facility, the Assurance shall extend to the entire facility and facilities operated in connection therewith. 11/29/95 000068 6. 'I'lul where AGENCY receive~ Federal financial assistance in the form, or for the acquisition of real lrolx•rty or an interest in real property, the Assurance shall extend to rights to space on, over, or under such property. 7. That AGENC.'Y shall include the appropriate clauses set forth in Appendix C and D of this Assurance, as a covenant running with the Isuicl, in ;uly future deeds, leases, permits, licenses, and similar agreements entered into by the AGENCY with other parties: Appendix C; (a) for the subsequent transfer of real property acquired or improved under the Federal - aid Program; and Appendix U; (h) for the Construction or use of or access to space on, over, or under real property acquired, or improved under the Federal -aid Program. K. That this assurance obligates AGENCY for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property of inlerust therein or structures or improvements thereon, in which case the assurance obligates AGIsNCY or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits, or (h) the period during which AGENCY retains ownership or possession of the property. 9. Thal AGENCY shall provide for such methods of administration for the program as are found by the U. S. Secretary ol'Transportation, or the official to whom he delegates specific authority, to give reasonable guarantee that AGENCY, other recipients, sub - grantees, applicants, sub - applicants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed by, or pursuant to, the ACT, the REGULATIONS, this Assurance and the Agreement. 10. "That AGEINCY agrees that Ihe. Elnited States and the State of California have a right to seek judicial enforcement with regard to any nlaller urising under the ACT, the REGULATIONS, and this Assurance. THIS ASSI.NANCE is given in consideration of and for the purpose of obtaining any and all Federal grants, loam, agreement.~, property, discounts or other Federal financial assistance extended after the date hereof to AGENCY by STATE;, acting for the U. S. Department of Transportation, and is binding on AGENCY, other recipients, subgrantees, applicants, sub - applicants, transferees, successors in interest - and other participants in the Federal -aid I lighway Program. ll 11/29/95 00006 A111ENDIX A TO EXHIBIT B During the performance of this Agreement, AGENCY, for itself, its assignees and successors in interest (hereinafter collectively referred to as AGENCY) agrees as follows: (1) Compliance with Regulations: AGENCY shall comply with the regulations relative to nondiscrimination in Federally - assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement. (2) Lyon discrimination: AGENCY, with regard to the work performed by it during the AGREEMEN'T', shall not discriminate on the grounds of race, color, sex, national origin, religion, age or disability in the selection and retention of' sub-applicants, including procurements of materials and leases of equipment. AGENCY shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the agreement covers a program set forth in Appendix B of the REGULATIONS. (3) Solicitations for Sub-agreements. Including Procurements of Materials and Fes„ uipment: In all solicitations either by competitive bidding or negotiation made by AGENCY for work to be performed under a Sub agreement, including procurements of materials or leases of equipment, each potential sub - applicant or supplier shall he notified by A(ll ?N('Y of the AGENCY's obligations under this Agreement and the REGULA'T'IONS relative to nondiscrimination on the grounds of race, color, or national origin. (4) lnforination ui I Rel2orts: AClI -.N('Y shall provide all information and reports required by the REGULATIONS, or directives issued pursuant thereto, and shall permit access to AGENCY's books, records, accounts, other sources of information, and its facilities as may be determined by STATE or FHWA to be pertinent to ascertain compliance with such REGULATIONS or directives. Where any information required of AGENCY is in the exclusive possession of another who fails or refuses to furnish this information, AGENCY shall so certify to STA`l'I? or the FHWA as appropriate, and shall set forth what efforts AGENCY has made to obtain the information. (5) - Sanctions for Noncom Ill *aticc: In the event of AGENCY's noncompliance with the nondiscrimination provisions o1' this agitienwnt, STATE shall impose such agreement sanctions as it or the FHWA may determine to he appropriate, including, but not limited to: (a) withholding of payments to AGENCY under the Agreement until AGENCY complies; and /or (b) cancellation, termination or suspension of the Agreement, in whole or in part. (6) Incorporation of Provisions: AGENCY shall include the provisions of paragraphs (1) through (6) in every Sub agreement, including procurements of materials and leases of equipment, unless exempt by the RI:?GULATIONS, or directives issued pursuant thereto. AGENCY shall take such action with respect to any sub- agreement or procuivnienl as STATE or FHWA may direct as a means of enforcing such provisions including sanctions 1'or noncompliance: Provided, however, that, in the event AGENCY h"c omcs involved in, or is threatened with, litigation with a sub - applicant or supplier as a result of such direction, AGENCY may request STA'I'I enter into such litigation to protect the interests of STATE, and, in addition, AGENCY may request the United States to enter into such litigation to protect the interests of the United States. 12 11/29/95 000070 APPENDIX B TO EXHIBIT B The following clauses shall he included in any and all deeds effecting or recording the transfer of PROJECT real Property, structures or imProvemenls thereon, or interest therein from the United States. (GRANTING CLAUSE:) NOW, TI IERE IUIZI: , the U. S. Deparinrcnl of Transportation, as authorized by law, and upon the condition that AGENCY will accept title to the lands and maintain the project constructed thereon, in accordance with 'Title 23, lJnited States Code, the Regulations for the Administration of Federal -aid for Highways and the policies and procedures prescribed by the Federal Highway Administration of the Department of Transportation and, also in accordance with and in compliance with the Regulations pertaining to and effectuating the provisions ol" Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. 2(XX)d to 2(H)Od -4), does hereby remise, release, quitclaim and convey unto the AGENCY all the right, title and interest of the U. S. Department of Transportation in and to said lands described in Exhibit "A" attached herelo and made a part hereof. (HABENDUM CLAUSE:) TO HAVE: AND TO I IOLD said lands and interests therein unto AGENCY and its successors forever, subject, however, to the covenant, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and shall be binding on AGENCY, its successors and assigns. AGENCY, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, (I) (11,11 no Pei:um shall on the grounds of race, color, sex, national origin, religion, age or disahility, be excluded 1'rom participation in, be denied the benefits of, or be otherwise siihiected to discriminalion with regard to any facility located wholly or in part on, over, or .under such lands hereby conveyed (,) (and) * (2) that AGENCY shall use the lands and interests in lands so conveyed, in compliance with all reLluircmcnts imposed by or pur ;scant to Title 49, Code of Federal Regulations, Department 01'1'ransportation, Subtitle A, Office of the Secretary, Part 21, Non - discrimination in federally- assisled programs of the Department of Transportation - Effectuation of Title VI 01'11W Civil Rights Act of 1964, and as said Regulations may be amended Q and (3) that in the event of hreach of airy of (bc above- mentioned nondiscrimination conditions, the U. S. Department of Transportation shall have a right to re-enter said lands and facilities on said land, and the above described land and facilities shall thereon revert to and vest in and become the absolute property of the U. S. Department of Transportation and its assigns as such interest existed prior to this deed.* * Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to el'I'ectuate the Purposes of-Title VI of the Civil Rights Act of 1964. 13 11/29/95 0000 71 A PPI- N IA X C TO EXHIBIT B The following clauses shall be included in any and all deeds, licenses, leases, permits, or similar instruments entered into by AGENCY, pursuant to the provisions of Assurance 7(a) of Exhibit B. The grantee (licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as covenant running with the land ") that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a U. S. Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permitice, etc.), shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, U. S. Department of Transportation, Subtitle A, Office of Secretary, Part 21, Nondiscrimination in Federally - assisted programs of the Department of "Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may he amended. (include in licenses, leases, permits, etc.)* That in the event of hreach of any of the above nondiscrimination covenants, AGENCY shall have the right to terminate the (license, least!, rx!rmit etc.) and to re-enter and repossess said land and the facilities thereon, and hold the same as it* said (license, lease, permit, etc.) had never been made or issued. (Include in deeds)* That in the event of breach of any of the above nondiscrimination covenants, AGENCY shall have the right to re-enter said land and facilities thereon, and the above described lands and facilities shall thereupon revert to and vest in and become the absolute property of AGENCY and its assigns. * Reverter claow and relute.d language to he used only when it is determined that such a clause is necessary in order to effectuate the purposes orritle VI of the Civil Rights Act of 1964. 14 11/29/95 000002 APPI ?NI )IX I) TO EXHIBIT B The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by the /1GEMY, pursuant to the provisions of Assurance 7 (b) of Exhibit B. The grantee (licensee, lessee, permittee, etc., as appropriate) for himself, his personal representatives, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds, and leases add "as a covenant running with the land ") that: (1) no Ix!rson on the ground of rice, color, sex, national origin, religion, age or disability, shall be excluded Irom participation in, denied the benefits of, or otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the ground of race, color, sex, national origin, religion, age or disability shall he excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.,) shall use the premises in compliance with the Regulations. (Include in licenses, leases, permi(s, etc.)* That in the event of breach of any of the above nondiscrimination covenants, AGENCY shall have the right to terminate the (license, lease, permit, etc.) and to re-enter and repossess said land and the facilities thereon, and hold the same as if said ( license, lease, permit, etc.) had never been made or issued. (Include in deeds)* That in the event of hwach of any of the above nondiscrimination covenants, AGENCY shall have the right to re -enter said land and facilities the►von, and the above described lands and facilities shall thereupon revert to and vest in and become the absolute property of AGENCY, and its assigns. * Reverter clause and related language to he used only when it is determined that such a clause is necessary in order to effectuate the purposes of "Title VI of the Civil Rights Act of 1964. 15 11/29/95 0000713 PROGRAM SUPPLEMENT NO. M001 to ADMINISTERING AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO. 07 -5436 Date: December 11, 1995 Location: 07- VEN- 0 -MRPK Project Number: STPL- 5436(001) E.A. Number: 07- 927840 This Program Supplement is hereby incorporated into the Administering Agency -State Agreement for Federal Aid which was entered into between the Administering Agency and the State on / / and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. , approved by the Administering Agency on (See copy attached) . The Administering Agency further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with the covenant remarks setforth on the following pages. PROJECT TERMINI: IN THE CITY OF MOORPARK AT VARIOUS LOCATIONS. TYPE OF WORK: REHABILITATION /AC OVERLAY LENGTH: 4.4 (MILES) PROJECT CLASSIFICATION OR PHASE(S) OF WORK [ ] Preliminary Engineering [ ] Right -of -Way [ ] [X] Construction Engineering [X] Construction Estimated Cost Federal Funds Matching Funds $ 1200000 Local OTHER OTHER 33C $ 480000 $ 720000 $ 0 $ 0 $ 0 City of Moorpark STATE OF CALIFORNIA Department of Transportation By By Chief, Office of Local Programs Project Implementation Date Date Attest Title I hereby Certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Office Date $ 480000.00 Chapter Statutes Item ar Program 1BC1 Fund Source AMOUNT 303 1995 2660- 101 -890 95 -96 20.30.010.810 C 262040 892 -F 480000.00 Page 1 of 2 07- VEN- 0 -MRPK STPL- 5436(001) SPECIAL COVENANTS OR REMARKS DATE: 12/11/95 1. All maintenance, involving the physical condition and the operation of the improvements, referred to in Article VI MAINTENANCE of the aforementioned Master Agreement will be performed by the Local Agency at regular intervals or as required for efficient operation of the completed improvements. 2. The Local Agency will advertise, award and administer this project in accordance with the current Local Program Procedures or the new Local Programs Manual, when issued. 3. The Local Agency will furnish a qualified Resident Engineer for the contract. 4. The Local Agency will reimburse the State for their share of costs for work requested to be performed by the State. 5. The Local Agency agrees the payment of Federal funds will be limited to the amounts approved by the Federal Highway Administration in the Federal -Aid Project Agreement (PR -2) /Detail Estimate, or its modification (PR -2A) or the FNM -76, and accepts any increases in Local Agency Funds as shown on the Finance or Bid Letter or its modification as prepared by the Office of Local Programs. 6. In executing this Program Supplemental Agreement, Local Agency hereby reaffirms the "Nondiscrimination Assurances" contained in the aforementioned Master Agreement for Federal -Aid Program. 7. Whenever the local agency uses a consultant on a cost plus basis, the local agency is required to submit a post audit report cover- ing the allowability of cost payments for each individual consul- tant or sub - contractor incurring over $25,000 on the project. The audit report must state the applicable cost principles utili- zed by the auditor in determining allowable costs as referenced in CFR 49, part 18, Subpart C - 22, Allowable Costs. Page 2 of 2 000075