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- District Agreement No. 4-1933-C <br /> 534 <br /> <br /> SECTION I <br /> <br />STATE AGREES: <br /> <br />1. To have the construction contractor for PROJECT furnish and install IMPROVEMENT. <br /> <br />2. Upon completion of PROJECT and all work incidental thereto, to furnish CITY with a <br /> detailed statement of the costs to be borne by CITY. STATE thereafter shall refund to <br /> CITY promptly after completion of STATE's final accounting of the costs for <br /> IMPROVEMENT, any amount of crrY's deposit required in Article (1) of Section II of <br /> this Agreement, remaining after actual costs to be borne by CITY have been deducted, <br /> or to bill CITY for any additional amount required to complete CITY's financial <br /> obligations pursuant to this Agreement. <br /> <br />3. To submit a final report of expenditures to CITY within one hundred twenty (120) days <br /> after completion and acceptance of the construction contract for PROJECT by STATE. <br /> <br />4. To allow, at no cost to STATE, a CITY field site representative who is a qualified <br /> Licensed Civil Engineer in the State of California to represent CITY in the construction <br /> of IMPROVEMENT. STATE's Resident Engineer and CITY's representative shall <br /> cooperate and consult with each other, but the decision of STATE's Resident Engineer <br /> shall be final, crI~s representative shall have no dealings with STATE'S contractor or <br /> with the public, local agencies, etc., without consultation with STATE's Resident <br /> Engineer. <br /> <br /> 5. To issue at no cost, upon proper application by CITY, an encroachment permit to CITY <br /> authorizing entry onto STATE's right-of-way to perform maintenance. If CITY uses <br /> consultants and contractors rather than its own staff to perform required work, the <br /> consultants and contractors will also be required to obtain an encroachment permit. <br /> The permit will be issued at no cost upon proper application by the consultants and <br /> contractors. <br /> <br /> 6. To obtain CITY concurrence on all change orders for IMPROVEMENT wlth an esthnated <br /> cost over 85,000 before implementation, except when necessary for the safety of <br /> bicyclists and/or pedestrians or for the protection of property and wetlands. <br /> <br /> 7. Upon completion of IMPROVEMENT and all work incidental thereto, and after all <br /> claims have been settled, to furrdsh CITY with a detailed semi-final statement of the <br /> total actual costs of construction and SERVICES for IMPROVEMENT, including the <br /> costs of any contract claims which have been allowed to the construction contractor. <br /> STATE thereafter shall refund to CITY {promptly after completion of STATE's final <br /> accounting of IMPROVEMENT costs} any amount of CITY's payments STATE is holding <br /> after actual costs to be borne by CITY have been deducted, or shall bill CITY for any <br /> additional amount required to complete CITY's linancial obligations pursuant to this <br /> Agreement. <br /> <br /> 8. To provide CITY with a monthly listing of potential claims and status of outstanding <br /> claims for IMPROVEMENT. <br /> <br /> 9. To use STATE's construction contract claims process in consultation with CITY and to <br /> notify CITY within fourteen (14) days upon receipt of claims for IMPROVEMENT by <br /> providing a copy of the contractor's reply to the "Proposed Final Estimate.~ <br /> <br /> <br />