CITY AGREES. 1. To perform or have performed by consultant forces: (a) the design of the PROJECT (including the development of plans, specifications, and estimates); (b) the completion of the NEPA documentation in conformance with 23 CFR Part 771; (c) the acquisition of environmental permits and clearances; and (d) the advertisement, award, and construction management of the PROJECT, as outlined in Attachment A, in accordance with Federal, State, and local laws, regulations, ordinances, and policies, including, but not limited to, those listed in the FHWA “Contract Administration Core Curriculum Participant’s Manual and Reference Guide” at xxxx://xxx.xxxx.xxx.xxx/programadmin/contracts/coretoc.cfm, incorporated herein by reference. The PROJECT shall be designed and constructed in accordance with CITY standards. The PROJECT shall be operated and maintained in accordance with applicable Federal, State, and local laws, regulations, ordinances, and policies.
2. To provide the design and the construction oversight of the project at no cost to the PROJECT.
3. To require those utility companies having franchise agreements with the CITY, when permitted under the terms of the franchise agreements, to relocate their facilities if necessary or otherwise accommodate the PROJECT at no cost to the PROJECT, DEPARTMENT or the CITY.
4. To ensure that any utility relocations are in compliance with ADA requirements.
5. To invite the DEPARTMENT to PROJECT meetings, including, but not limited to, field reviews, right-of-way settings, review meetings, and the pre-construction conference.
6. To submit to the DEPARTMENT for review and approval preliminary plans at sixty percent (60%), ninety percent (90%), and one hundred percent (100%) design phases. The ninety percent (90%) and one hundred percent (100%) submittals shall include the PROJECT specifications, cost estimate, and bid documents, which must include the provisions listed in Attachment B "Required Documents in Bid Packets of Projects," attached hereto and incorporated herein.
7. To provide the DEPARTMENT a written certification evidencing that: (a) the proposed improvements will be constructed on property owned or authorized to be used by the CITY; (b) any right-of-way acquired for the PROJECT has been obtained in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970, as amended; and (c) any utility relocations and/or adjustments were completed in accordance with federal and state regulat...
CITY AGREES. 1. All PROJECT work performed by CITY, or performed on CITY’s behalf, shall be performed in accordance with all State and Federal laws, regulations, policies, procedures and standards that STATE would normally follow. All such PROJECT work shall be submitted to STATE for STATE’s review, comment, and concurrence at appropriate stages of development.
2. To permit STATE to monitor, participate, and oversee the selection of personnel who will provide construction engineering services for PROJECT. CITY agrees to consider any request by STATE to avoid a contract award or discontinue the contracted services of any personnel considered by STATE to be unqualified on the basis of credentials, professional expertise, failure to perform, and/or other pertinent criteria.
3. To fund one hundred percent (100%) of all PROJECT construction capital and support costs required for satisfactory completion of PROJECT, including, but not limited to, “State-furnished material”, and source inspection, except for costs of STATE’s IQA.
4. To not use STATE’s funds for any PROJECT capital and support costs.
5. To submit a written request for any "State-furnished material" identified in the PROJECT plans, specifications, and estimates (PS&E) a minimum of forty-five (45) days in advance of the need for such materials. To then pay STATE, within fifteen (15) days of receipt of STATE’s billing, the actual cost invoiced for the requested "State-furnished material". CITY may take delivery of the "State-furnished material" after STATE’s receipt of CITY’s payment and at the location directed by STATE.
6. STATE shall perform source inspection as outlined in STATE’s Construction Manual, Construction Manual Supplement for Local Agency Resident Engineer, and Local Agency Structure Representative Guideline. CITY shall reimburse STATE for all direct and indirect costs incurred for any source inspection performed by STATE.
7. To deposit with STATE within twenty-five (25) days of receipt of STATE’s billing thereof the amount of said xxxx, which amount represents the estimated cost of source inspection, as referred to in Article 6 of this Section I.
8. To pay STATE upon completion of all work on PROJECT and within twenty-five (25) days of receipt of a detailed statement made upon final accounting of costs therefore, any amount, over and above the aforesaid deposits for State-furnished materials and source inspection, required to complete CITY’s financial obligations assumed pursuant to this Agreement.
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CITY AGREES. (a) To pay CONTRACTOR for the work herein contemplated in the following manner: For Phase 1, progress payments will be made on or about the first day of each
CITY AGREES. 1. To fund one hundred percent (100%) of the cost of the CITY PROJECT. CITY agrees that should unforeseen circumstances arise which result in an increase of any costs over those shown in "Exhibit B", CITY will in good faith amend this Agreement to include any such costs under this Agreement, subject to City Council or other CITY approval as applicable.
2. To deposit with COUNTY, within 30 days of executing this Agreement, the full value of the COST ESTIMATE (the "Deposit") as provided in Section 3.1 of this Agreement.
3. To approve the COUNTY’s or its contractor’s properly submitted and completed Public Right-of- Way Permit application to authorize entry onto CITY’s right-of-way to perform all surveys and other field activities required for preparation of the PS&E, utility coordination, and construction of the CITY PROJECT within 45 days of the application being deemed complete. CITY agrees to reimburse COUNTY for COUNTY’s, or its contractor’s, cost to obtain such permit and for any requirements of said permit not required by COUNTY’s construction contract.
4. To provide a representative to coordinate with the COUNTY's Project Manager during the development and the construction of CITY PROJECT, and to verify facilities are constructed as required by this Agreement, if applicable.
5. To provide oversight of the CITY PROJECT, to provide reviews and approvals, as appropriate, of submittals by COUNTY, and to cooperate in processing of the CITY PROJECT.
6. To pay within 45 days of receipt, the invoice for final reconciled cost in excess of the Deposit amount for CITY PROJECT submitted by COUNTY for services rendered in accordance with this Agreement, subject to City Council or other CITY approval as applicable.
CITY AGREES a. To provide Exhibit A identifying the locations of TRASH EXCLUDERS within CITY to be maintained by LACFCD.
b. To request trash excluder maintenance service through the Los Angeles County Department of Public Works City Services Request Tracking System.
c. To patrol areas in which any TRASH EXCLUDERS have been installed, during storm events, to verify that all TRASH EXCLUDERS are functioning properly and shall relieve any instances of plugging of any catch basin fitted with a TRASH EXCLUDER. Requests for Service coming to the LACFCD to clean or service any catch basin identified on Exhibit A, during a storm event, will be forwarded to CITY for their prompt handling, action, and closure.
d. To pay each billing invoice sent by the LACFCD, as described in Section (2)c., above, within 30 days of the date of said invoice.
e. To indemnify, defend, and hold the LACFCD and the County of Los Angeles and their officers, employees, agents and contractors, harmless from and against any claims, demands, liability, damages or costs arising from or caused by the breach of any of the CITY'S obligations under this AGREEMENT, or the TRASH EXCLUDERS or any of them, except to the extent that such claim, demand, liability, damage or cost arises from or is caused by the negligent or wrongful act or omission of the LACFCD or the County or any of its officers, employees, agents, or contractors.
CITY AGREES. 1. To permit the DEPARTMENT or the DEPARTMENT’s authorized representative to temporarily occupy the Maintenance Areas within the CITY’s right-of-way as depicted in Exhibits A & B including the eastbound lane of both Victorian Ave and Brierley Way adjacent to I-80. The Maintenance Areas include the space between the shoulder stripe and fence so long as the area is adjacent to one of the ITS devices and is necessary for maintenance purposes.
2. To permit DEPARTMENT or DEPARTMENT’s authorized representative to temporarily occupy the Maintenance Area within the CITY’s right-of-way as depicted in Exhibit C from the western right-of-way boundary to the southbound travel lane of a small segment of Kietzke Lane for the purpose of maintenance of a DEPARTMENT- owned fiber optic cable. This segment of Kietzke Lane will span from the roadway adjacent to the northern end of the DEPARTMENT’s District II communication shop building up to the southern right-of-way boundary of the Union Pacific Railroad overpass crossing (approximately 300 feet total length). This cable will serve as a key path for a fiber optic network serving both the DEPARTMENT’s and the CITY’s existing and future ITS facilities/traffic signals.
3. To permit the DEPARTMENT or the DEPARTMENT’s authorized representative to occupy the Maintenance Area within the CITY’s right-of-way as depicted in Exhibit D along 00xx Xxxxxx to the north of the west parking lot of Xxxx Xxxxxxx’x Nugget, east of the I-80/Rock Boulevard interchange. Maintenance will be performed using a bucket truck to extend up the retaining wall, beyond the freeway grade to access the equipment.
4. To include provisions in the CITY’s future contracts and permit documents that require coordination between CITY’s contractor and/or the CITY’s permitee associated with any CITY projects that affect maintenance for the ITS. CITY agrees to coordinate such construction activities that affect ITS maintenance with the DEPARTMENT and/or the DEPARTMENT’s representative. Coordinated activities may include, but will not be limited to, traffic control efforts and attendance at coordination meetings.
5. To include provisions in the CITY’s future contract and permit documents to protect the run of conduit and fiber optic cable along Kietzke Lane and for any necessary modifications to be coordinated with the DEPARTMENT before issuance of CITY’s future contracts and permits. All future work to be performed on this fiber optic cable shall be regulated by DEPAR...
CITY AGREES. City shall provide staff participation, input, direction, and cooperation as required during the development and implementation of PROJECT.
CITY AGREES. 1. To act as the lead agency on behalf of the COUNTY for the overall development and implementation of the COUNTY PROJECT. The CITY is providing services for which the COUNTY will reimburse CITY as shown on Attachment “C”.
2. To prepare, or cause to be prepared, detailed plans, specifications and estimates (“PS&E”) for the COUNTY PROJECT and submit to the COUNTY for review and approval at thirty, seventy and one-hundred percent design. Final plans for improvements shall be prepared to CITY and COUNTY standards and signed by a Civil Engineer registered in the State of California. If there is a conflict in the standards, COUNTY standards shall be used unless CITY standards are approved for use by COUNTY as a deviation. Deviations from COUNTY standards shall be coordinated with and approved by the COUNTY.
3. To identify and locate all utility facilities within the limits of the COUNTY PROJECT as part of its design responsibility. If any existing public and/or private utility facilities conflict with COUNTY PROJECT construction, both PARTIES shall coordinate and cooperate in good faith to make all necessary arrangements with owners of such facilities for their protection, adjustment, relocation, or removal.
4. To make written application to CALTRANS for an encroachment permit authorizing entry into CALTRANS right-of-way for the purposes of constructing the COUNTY PROJECT and CITY PROJECT.
5. To act as the Lead Agency under the California Environmental Quality Act (“CEQA”) for the COUNTY PROJECT. To advertise, award and administer a public works contract for the construction of the COUNTY PROJECT in accordance with all applicable federal, state and local statutes, ordinances, orders, governmental requirements, laws or regulations, including but not limited to the local agency public construction codes, the Chula Vista Municipal Code, the Chula Vista City Charter, California Labor Code, and California Public Contract Code.
6. To furnish a representative to perform the function of Resident Engineer during construction of the COUNTY PROJECT.
7. To furnish qualified support staff to assist the Resident Engineer; such assistance shall include, but not be limited to, construction surveys, soils and compaction tests, measurement and computation of quantities, testing of construction materials, checking submittals, preparation of estimates and reports, preparation of as-built drawings, and other inspection and staff services necessary to assure that the construction is...
CITY AGREES. 1. To accept ownership, including improvements and maintenance responsibilities for the portion of rights-of-way to be relinquished by the DEPARTMENT and transferred to the CITY, (the “TRANSFER”) upon the recordation of the “Resolution of Relinquishment”.
2. To request approval of the “Resolution Consenting to Relinquishment and Land Transfer Agreement” (“Consent”) from the City Council.
3. To accept payment in the total sum of Six Hundred Twenty-Six Thousand Five Hundred Fifty and No/100 Dollars ($626,550.00). This payment is to be made upon recordation of the “Resolution of Relinquishment”.
4. To expend the payment amount of Six Hundred Twenty-Six Thousand Five Hundred Fifty and No/100 Dollars ($626,550.00) on the road identified in the “TRANSER” within Five Years (5 years) of acceptance of such payment.
CITY AGREES. 1. To perform or have performed by consultant forces: (a) the purchase of two (2) Rectangular Rapid Flashing Beacon Systems, and four (4) Radar Speed Feedback Signs; (b) the completion of the NEPA documentation in conformance with 23 CFR Part 771; and (c) the acquisition of environmental permits and clearances.
2. To proceed with the PROJECT purchase only after receiving a written “Notice to Proceed” from the DEPARTMENT.
3. If any of the vehicles and/or equipment purchased under this Agreement are no longer needed, or cannot be used for the intended purpose, the CITY shall dispose of or transfer the vehicle and/or equipment in accordance with Title 2 CFR 200.313 (e).
4. Not to execute any lease, pledge, mortgage, lien, or other contract touching or affecting the Federal and State interest in any vehicle or equipment purchased under this Agreement, unless such a lease, pledge, mortgage, lien, contract, or other obligation is otherwise expressly authorized in writing by the DEPARTMENT.
5. To manage the vehicles and equipment purchased under this Agreement in accordance with 2 CFR 200.313 (d) and submit to the DEPARTMENT upon request such information as is required in order to assure compliance with this Agreement.
6. To include all federally required procurement clauses in all purchase contracts as required by the State Management Plan, incorporated herein by reference, to include Debarment and Suspension.
7. To, at its own expense, obtain and pay for all licenses, permits and/or fees and comply with all Federal, State and local laws, statutes, ordinances, rules and regulations and the order and decrees of any courts of administrative bodies or tribunals in any manner affecting the performance of this Agreement, including without limitation, Worker’s Compensation Laws, Licensing Laws and Regulations.
8. To allow the DEPARTMENT to inspect, fiscal inventory, and/or audit all vehicles and equipment purchased under this Agreement and to monitor all work associated with the PROJECT during construction. The CITY shall also permit the DEPARTMENT to examine the book, records and accounts of the CITY pertaining to the vehicles and equipment purchased under the Agreement.
9. To establish and maintain, in accordance with requirements established by the DEPARTMENT, separate accounts for the purchase of vehicles and equipment under this Agreement, either independently or within its existing accounting system.
10. As work progresses on the PROJECT, the CITY shall provide ...
