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8I Consent 2011 1205
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8I Consent 2011 1205
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Last modified
7/20/2012 5:23:17 PM
Creation date
11/29/2011 5:08:47 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
12/5/2011
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_CC Agenda 2011 1205
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2011\Packet 2011 1205
Reso 2011-198
(Reference)
Path:
\City Clerk\City Council\Resolutions\2011
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STATE OF CALIFORNIA Contract No: 75LX204 <br />DEPARTMENT OF TRANSPORTATION Sheet 4 of 10 <br />November 1, 2011 <br />This declaration shall be based upon actual allowable Project cost, Project Scope and Project <br />cost limits set forth herein. Upon receipt of this declaration, Department will pay all outstanding <br />allowable invoiced Project costs. If upon final accounting, it is determined that the Department <br />previously paid more than its share of said project, Local Agency shall refund the difference <br />between the Department's share and the amount paid by Department. All records of the Local <br />Agency, its contractors and subcontractors are subject to audit by representatives of the <br />Department and Federal Highway Administration. Such records will be retained and made <br />immediately available for inspection by Department's Auditors for a period of three years from <br />Department's date of final payment of aforementioned final invoice. <br />17. All work to be done hereunder by Local Agency shall be done only by its employees on a <br />force account basis, or by contractors, the cost thereof to be paid to Local Agency by <br />Department in the manner hereinafter set forth. <br />18. Local Agency agrees that the 48 CFR Chapter 1 Part 31 et scq., Contract Cost Principles <br />and Procedures, Federal Acquisition Regulations System, shall be used to determine the <br />allowable individual items of indirect cost. Local Agency agrees to comply with the applicable <br />Federal procedures in accordance with Office of Management and Budget Circular A -87, Cost <br />Principles for State and Local Governments and CFR 49, Part 18, Uniform Administrative <br />Requirements for Grants and Cooperative Agreements with State and Local Governments. <br />19. All applicable portions of 23 CFR Part 140, Subpart I are by reference incorporated herein <br />and made a part hereof. <br />20. An itemized estimate of the cost of the work to be performed by Local Agency is attached <br />hereto as a part of Exhibit B and made a part hereof, <br />21. Department agrees to reimburse Local Agency for qualified insurance expenses as <br />authorized by 23 CFR 646 et seq., and as set forth in cost estimates attached hereto. <br />22. The Local Agency has 180 days after the expiration date of this contract to submit the final <br />invoice to Department for verification and payment. <br />23. In cooperation with the Railroad, the Local Agency shall maintain the Project <br />improvements made under this contract located in its right of way. <br />24. Subject to the availability of labor and material, it is the intent of the parties hereto that all <br />construction work under this service contract shall be completed within one year after the Notice <br />to Proceed is issued by the Department, unless a time extension is requested by Local Agency <br />and approved in writing by the Department. This Contract is effective for a period of two years <br />only to prevent difficulties, which may arise if the Contract expired prior to all performance <br />requirements being satisfied. Time is of the essence for completion of Project funded by this <br />Contract. Costs incurred after expiration of the contract are not reimbursable. <br />25. AMENDMENT: No amendment or variation of the terms of this Contract shall be valid unless <br />made in writing, signed by the parties and approved as required. No oral understanding or <br />Agreement not incorporated in this Contract is binding on any of the parties. <br />APPROVED: Caltrans Legal xng 0312010 <br />
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