HomeMy WebLinkAboutCC 8 SERV AG X7940 06-06-832o, 983 Inter-Corn
WILLIAM HUSTON, CITY MANAGER
TO:
BOB LEDENDECKER, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
FROM:
.AUTHORIZATION..____ _ TO EXECUTE SERVICE AGREEMENT NO. X7940
SUBJECT:
RECOMMENDATION:
That the Tustin City Council, at their meeting of June 6, 1983,
authorize the Mayor to execute Service Agreement No. X-7940 on
behalf of the City, subject to final approval by the City
Attorney.
BACKGROUND:
The City of Tustin is acting as Lead Agency for the designated
construction of the realignment and widening of Moulton
Parkway/Irvine Center Drive in the cities of Irvine and Tustin.
This is a Federal Aid Urban (FAU) project which is 86% funded by
federal monies..
D~SCUSSION:
The attached Servic~e Agreement No. X-7940 provides for Caltrans
to pro. vide certain engineering services such as materials testing
including source inspection for construction and the testing of
the traffic signal controller to be utilized at the intersection
of Moulton Parkway/Irvine Center Drive at Harvard Ave.
This agreement is similar in type and format as previOusly
executed by the City and Caltrans on previous FAU projects.
This agreement has been forwarded to the City Attorney for his
review and approval prior to execution by the City.
BOB LEDENDECKER
DIRECTOR OF PUBLIC WORKS/
CITY ENGINEER
db
Attchment
SERVICE AGREEMENT
Contract No.X-?9~O
07-Ora-0-Tus
M-M032(4)
City of Tustin
THIS AGREEMENT, made and entered into on this day of
, 1983, by and between the CITY OF TUSTIN, a body politic
and a municipal corporation of the State of California, hereinafter
referred to as "LOCAL AGENCY", and the STATE OF CALIFORNIA, acting by
and through the Department of Transportation, hereinafter referred to
as "STATE".
WITNESSETH:
WHEREAS, LOCAL AGENCY contemplates improvement on Moulton
Parkway/Irvine Center Drive from Red Hill to Culver Drive; Myford Road
from Moulton Parkway to north Atchison, Topeka and Santa Fe Railroad
and Harvard Avenue 500' north/south Moulton Parkway; hereinafter
referred to as PROJECT"; and
W~EREAS, LOCAL AGENCY has requested and STATE is willing to
furnish engineering services for said PROJECT provided all costs
incurred by STATE on behalf of LOCAL AGENCY are borne at-the
expense of LOCAL AGENCY; and
WHEREAS, LOCAL AGENCY and STATE desire to specify herein the
conditions under which STATE services are to be provided for and
financed.
NOW THEREFORE, in consideration of the covenants and conditions
herein contained, the parties hereto agree as follows:
STATE AGREES:
1. To
SECTION I
perform the following engineering services as
authorized by Section 131 of the Streets and Highways Code;
provide materials testing service, including source inspection
for construction phase of PROJECT.
2. Prior to commencement of engineering work by STATE
personnel, to establish a special account to accumulate all
related expenses and charges for all work performed on behalf
of LOCAL AGENCY pursuant to this Agreement.
3. Immediately following execution of this Agreement,
to submit to LOCAL AGENCY, billing in the amount of $445.00 which
figure represents LOCAL AGENCY'S advance deposit to finance the
estimated cost of it's matching funds for the anticipated Federal
Reimbursement of engineering services to be perfprmed by STATE on
behalf of LOCAL AGENCY pursuant to this Agreement.
4. Upon completion of the PROJECT to furnish LOCAL AGENCY
with a final detailed statement of the accumulated costs, identi-
fying actual hours worked and related expenses in connection with
the services provided pursuant to this Agreement.
SECTION II
LOCAL AGENCY AGREES:
1. To do all work necessary for the successful completion
of the PROJECT except for that work which STATE has agreed to
perform in Section I of this Agreement or by separate agreement.
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2. To deposit with STATE, in advance and within 14 days of
receipt of billing therefor, the amount of $445.00 which figure
represents the estimated cost of of the Local Agencies' matching
funds for anticipated Federal Reimbursement of engineering services
to be performed by STATE on behalf of LOCAL AGENCY pursuant to this
Agreement.
3. Upon completion by STATE of all engineering services
performed on behalf of LOCAL AGENCY and upon receipt of a detailed
statement and billing therefor, to reimburse STATE promptly, any
amount over and above funds deposited by LOCAL AGENCY as defined
hereinabove, required to complete LOCAL AGENCY's cost pursuant to
this Agreement. Actual cost to LOCAL AGENCY f'or work performed by
STATE on behalf of LOCAL AGENCY as defined hereinabove in Section I,
Article (4) will be determined upon completion of all such work and
final accounting of all related charges, and shall be a sum of ~he
following:
a. Salary costs computed in accordance with STATE'S
standard accounting procedures.
b. Travel and per diem expenses including charges for the
use by such employees of STATE vehicles, if required,
in accordance with rates set up by the State Board of
Control Rules under Title 2, Section 706.
c. Functional indirect and administrative overhead costs
computed in accordance with STATE's Accounting Manual
Chapter 11, Table 6-2.
d. Less any Federal Reimbursement paid directly to STATE
for engineering services provided pursuant to this
agreement.
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SECTION III
IT IS MUTUALLY UNDERSTOOD AND AGREED:
1. That, LOCAL AGENCY may, at any time, or for any reason,
terminate STATE's services immediately and shall notify STATE in
writing of such termination.
2. That LOCAL AGENCY will indemnify and save STATE, its
officers, agents and employees harmless from any and all liability
f~r injuries to persons or damage to property caused or resulting in
any.manner from the performance of any services by STATE personnel
within the scope of this Agreement.
3. That should any portion of the PROJECT be financed with
Federal Funds or Gas Tax Funds, all applicable procedures and
policies relating to the use of such funds shall apply, notwith-
standing other provisions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused
this Agreement to be executed by their respective officers, duly
authorized, the provisions of which Agreement are effective as of
the day, month and year f.irst hereinabove written.
STATE OF CALIFORNIA
Department of Transportation
LEO TROMBATORE
Director of Transportation
By
Deputy District !Director
Project Development
CITY OF TUSTIN
By
Attest:
City Clerk