RES-7781 Authorizing the Mayor to Execute a Service Agreement to Perform Materials TestingRESOLUTION NO. 7781
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE AUTHORIZING THE MAYOR TO
EXECUTE THE SERVICE AGREEMENT FOR THE
STATE OF CALIFORNIA TO PERFORM MATERIALS
TESTING FOR THE REHABILITATION OF
KATELLA AVENUE BETWEEN CAMBRIDGE STREET
AND 400' WEST OF TUSTIN STREET
WHEREAS, CALTRANS provides materials testing to local agencies
for Federal Aid Urban (FAU) Projects; and
WHEREAS, the City of Orange desires to have this testing
done to conform to FAU standards.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Orange does hereby authorize the Mayor on behalf of the
City of Orange to execute that certain service agreement for
the State of California to perform materials testing for the
rehabilitation of Katella Avenue between Cambridge Street and
400' West of Tustin Street.
ADOPTED this 9th day of April, 1991.
ATTEST:
ri 04t'~City
Cle of e?ty of Orange I
I
hereby certify that the foregoing Resolution was duly and regularly
adopted by the City Council of the City of Orange at a
regular meeting thereof held on the 9th day of Aoril
I 1991, by the following vote:AYES:
COUNCIL MEMBERS: STEINER, BARRERA, MAYOR BEYER,COONTZ,SPURGEON NOES:
COUNCIL MEMBERS: NONE ABSENT:
COUNCIL MEMBERS: NONE Q-~
4?City
Cle of tfJIe()2'J.ty of Orange
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SERVICE AGREEMENT
I \
Contract No.I2LA032
12-
0RA-O-
Ora H-L030(
017)City
of Orange THIS AGREEMENT, made and entered into on this
3~D
day of t1 A'{ , 1991, by and between the CITY OF ORANGE, a body pol it
i c 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 Oepartment of Transportation, hereinafter
referred to
as .
STATE".WITNESSETH:WHEREAS, LOCAL AGENCy'contemplates improvement
on Katella Avenue between Cambridge Street and 400' w{o
Tustin Avenue,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 cons i derat i on of the
covenants and conditions herein contained, the parties hereto agree
as
SECTION 1
STATE AGREES
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
personne 1, to estab 1 i sh a spec i a 1 account to accumul ate 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
500.00
Federal Funds
350.00
Citv Funds*
150.00
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 $ 150.00 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.
I
2
SECTION 11
LOCAL AGENCY AGREES:
1. To do all work necessary to ensure 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
recei pt of bi 11 i ng therefor, the amount of $ 150.00 wh i ch
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
determi ned upon comp 1 et i on of all such work and, fi na 1 account i ng 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 incl uding charges for the
use by such employees of STATE vehicles, if required, in
accordance wi th rates set up by the State Board of
Control Rules under Title 2, Section 706.
1
3
c. Functional indirect and administrative overhead costs
computed in accordance with STATE's Accounting Manual
Chapter II, Table 6-
2.d. Less any Federal reimbursement paid directly to STATE
for engineering services provided pursuant to this
Agreement.SECTION
ill II Ii 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.2a. That STATE will indemnify and save LOCAL AGENCY,
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.2b. 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 LOCAL AGENCY
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 notwithstanding
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
CITY OF ORANGE
ROBERT BEST
Director of Transportation Q4-I.w~J6t Ge Beyer,
0 By ~J1:
l OeputY1)TStrTCtlITrector:=-
Project Management
Attest:
ht, .~""f<< J
Marilyn Jens . Ci Y rk
Approved
as
to form:S -3,.(:)
1 D;!;Tr
CityAttorney 5