Agmt03 CALTRANS - Laserfiche WebLink

Browse Search

015599 Distnct Agreement No. 4-1964-C 8. To issue to the CITY and CITY's contractor, staff, and utility companies at no cost, the necessary encroachment permits for required work within State highway right of way, as more specifically defined in Articles 4, 5, 6 and 7 of Section III of this Agreement. 9. To provide, at no cost to CITY, a qualified STATE representative who shall have authority to accept or reject work and materials or to order any actions needed for public safety or the preservation of property and to assure compliance with all provisions of the encroachment permit(s) issued to CITY and CITY's contractor and consultants. 10. To provide a State Project Coordinator to coordinate and promptly review the work of CITY and its consultant, if any, during the preparation of PS&E for PROJECT. SECTION III IT IS MUTUALLY AGREED: 1. All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the allocation of resources by the California Transportation Commission. 2. Should CITY award a contract for PROJECT prior to the allocation of resources by the California Transportation Commission and prior to Federal Highway Administration approval of a FNM76 Form for Federal participation, there is no guarantee of STATE's andj or Federal participation and CITY shall assume all risks thereof. 3. Should any portion of PROJECT be financed with Federal funds or State gas tax funds, all applicable laws, regulations and policies relating to the use of such funds shall apply, notwithstanding other provisions of this Agreement. 4. Construction by CITY of improvements referred to herein which lie within STATE highway rights of way or affect STATE facilities, shall not be commenced until CITY's original contract plans involving such work and plan for utility relocations have been reviewed and accepted by STATE's District 4 Director of Transportation, or the District Director's delegated agent, and until an encroachment permit to CITY authorizing such work has been issued by STATE. 5. CITY shall obtain aforesaid encroachment permit through the office of State District Permit Engineer and CITY's application shall be accompanied by five (5) sets of reduced construction plans of aforesaid STATE approved contract plans, and five (5) sets of specifications. Receipt by CITY of the approved encroachment permit shall constitute CITY's authorization from STATE to proceed with work to be performed by CITY or CITY's representative within proposed STATE rights of way or which affects STATE facilities, pursuant to work covered by this Agreement. CITY's authorization to proceed with said work shall be contingent upon CITY's compliance with all provisions set forth in this Agreement and said encroachment permit. 6. CITY's construction contractor and consultants shall also be required to obtain an encroachment permit from STATE prior to commencing any work within STATE rights of way or which affects STATE facilities. The application by CITY's contractor and consultants for said encroachment permit shall be made through the office of State District Permit Engineer and shall include proof said contractor and consultants has payment and 7 ....._."...... d__'" T