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CC - 1986-09 - Service Agreement with Cal-TransD 0 0 RESOLUTION NO. 86-9 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD APPROVING A SERVICE AGREEMENT WITH CAL-TRANS FOR QUALITY ASSURANCE TESTING OF TRAFFIC SIGNAL CONTROLLERS FOR THE DEL MAR AVENUE RECONSTRUCTION PROJECT WHEREAS, the City Council of the city of Rosemead has received bids for reconstruction of Del Mar Avenue from Hellman Avenue to Garvey Avenue; WHEREAS, the Federal Aid Urban Funded Reconstruction Project includes traffic signal controllers which must receive quality assurance testing for conformance with Grant Funding Requirements; WHEREAS, the State of California Department of Transportation has facilities to provide this testing service and has prepared a service Agreement (Contract No. 7-LA-0-RSMD) for approval by the City of Rosemead. NOW THEREFORE BE IT RESOLVED, that the City Council of the city of Rosemead approves Contract No. 7-LA-0-RSMD with Cal-Trans; BE IT FURTHER RESOLVED, that the Mayor of the City of Rosemead be authorized to sign the agreement on behalf of the City. APPROVED and ADOPTED this 11th day of February(,a.1986. ATTEST: ~j Mayor ,a xx City Clerk • SERVICE AGREEMENT • Contract No. 7-LA-0-Rsmd THIS AGREEMENT, made and entered into on this 11th day of February , 1986, by and between the CITY OF ROSEMEAD, 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 improvements of the various locations included in the FAU project with the identification number M-MG-Q491(2) 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 and=_r 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: SECTION I STATE AGREES: 1. To perform the following engineering services as authorized by Section 131 of the Streets and Highways Code; quality assurance testing of the traffic signal controllers for the 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 Federal FAU Funds City Funds* $4,470.00 $3,000.00 $1,470.00 * 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 $1,470.00 which figure represents LOCAL AGENCY'S advance deposit to finance the estimated cost of administrative overhead 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. -2- 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 $1,470.00 which figure represents the estimated cost of administrative overhead for 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 the 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 SPATE 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. -3- 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 herainabove written. STATE OF CALIFORNIA Department of Transportation LEO J. TROMBATORE Director of Transportation By Deputy District Director Project Development Date CITY OF ROSEMEAD 1-77 uis Tury, Jr., May 6r Ellen Poochi ian City Clerk -4-