2005 AGN JAN 18 I14 - Laserfiche WebLink

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6. Local Agency shall submit an acceptable final accounting of actual project costs and a written request for payment by April 1, 2007. State shall pay to the local agency the Bicycle Transportation Account share of the actual cost of the project prior to June 30, 2007, the expiration date of the Bicycle Transportation Account funds included in this project. 7. All costs charged to this agreement by LOCAL AGENCY shall be supported by properly executed payrolls, time records, invoices and vouchers, evidenced in proper detail the nature and propriety of the charges, and shall be costs allowable under the California Bicycle Transportation Act. 8. STATE may, at its option, declare this agreement void if a contract for construction of the project has not been awarded by LOCAL AGENCY on or before the end of the fiscal year following the fiscal year in which funds for the project are allocated. 9. If the project is a cooperative project and includes work on a State highway, it shall be the subject of a separate cooperative agreement between the STATE and LOCAL AGENCY. 10. 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 AGENCY shall ensure that work performed under this agreement conforms with the rules and regulations embodying such requirements where they are applicable. Any agreement or service contract entered into by LOCAL AGENCY for performance of work connected with the project shall incorporate Exhibit B attached hereto. AR'T'ICLE II - Rights -of -Way 1. Such rights-of-way as are necessary for the construction of the project shall be furnished by LOCAL AGENCY. Right-of-way costs may be included as an eligible item of total costs. 2. LOCAL AGENCY agrees to hold STATE harmless from any liability which may result in the event the right-of-way is not clear prior to award of contract. The furnishing of rights-of-way as provided for herein includes in addition to all real property required for the improvement, free and clear of obstruction and encumbrances, the payment of damages to real property not actually taken but injuriously affected by the proposed improvement. LOCAL AGENCY shall pay from its own funds any 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 AGENCY, in acquiring right-of-way for the project, displace an individual, family, business, farm operation, or nonprofit organization, relocation payments and services will be provided in compliance with the applicable State laws. The public will be adequately informed 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 dwelling or to move his business or farm operation without at least 90 days written notice from LOCAL AGENCY.