1985-0828_CALIF DEPT OF TRANSPORTATION_Service AgreementSERVICE AGREEMENT
Contract No. 07CO40
7-Ora-0-SJCp
M -M250(1)
City of San Juan Capistrano
TTH,IS A-GREEMENT, made and entered into on this .Z�day of
4=lIS, 1985, by and between the CITY OF SAN JUAN CAPISTRANO,
a bo y 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 Camino
Capistrano at San Juan Creek (Avenida Padre to 1,200 feet south of
Avenida Padre), hereinafter referred to as PROJECT"; and
WHEREAS, 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:
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SECTION I
1. To perform the following engineering services as
authorized by Section 131 of the Streets and Highways Code;
provide materials testing service, including source inspection for
the 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. The funding for work to be performed under this
agreement is as follows:
Total Cost
$ 1,000.00
Federal Funds
$ 579.00
City Funds*
$ 421.00
* The FHWA will not participate in the 49% overhead charges.
4. Immediately following execution of this Agreement, to
submit to LOCAL AGENCY, billing in the amount of $421.00 which
figure represents LOCAL AGENCY'S advance deposit to finance the
total estimated cost less anticipated Federal Reimbursement of
engineering services to be performed by STATE on behalf of LOCAL
AGENCY pursuant to this Agreement.
5. Upon completion of the PROJECT to furnish LOCAL
AGENCY with a final detailed statement of the accumulated costs,
identifying actual hours worked and related expenses in connection
with the services provided pursuant to this Agreement.
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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.
2. To deposit with STATE, in advance and within 14 days of
receipt of billing therefor, the amount of $421.00 which figure
represents the total estimated cost less 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 for 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 the
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.
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C
d. Less any Federal Reimbursement paid directly to STATE
for engineering services provided pursuant to this
agreement.
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
for 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 first hereinabove written.
STATE OF CALIFORNIA
Department of Transportation
LEO TROMBATORE
Director of Transportation
Deputy District Director
Pr ec Development
App evas tgnform:
JOHN -SHAW, CITY ATTORNEY
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