CA DEPT TRANSPORTATION 17 - 2006

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District Agreement No. 530 6. To submit a monthly construction progress report to CITY which describes the work performed and completed during the reporting period with pertinent contract data such as change orders issued, cumulative costs of change orders, progress payments made (reported in dollars), and percentage progress achieved to date, all in accordance with STATE's standard accounting practices. 7. To allow on the site of PROJECT, at no cost to STATE, a field site representative of CITY, who is a qualified licensed civil engineer in the State of California, to represent CITY during the construction of PROJECT 8. To consult with CITY on all change orders for PROJECT with an estimated cost over $50,000 before implementation except when the safety of motorists and/or pedestrians or the protection of property requires the immediate issuance of that change order. 9. Upon completion of PROJECT and all work incidental thereto, to furnish CITY with a detailed statement of the total actual costs of construction and SERVICES for PROJECT, including the costs of any claims related to the construction contract which have been allowed to the construction contractor pursuant to the construction contract administrative claims process or arbitration and all claims -related defense costs incurred by STATE. STATE thereafter shall refund to CITY promptly after completion of STATE's final accounting of costs for PROJECT any amount of CITY's payments STATE remaining after actual costs to be borne by CITY have been deducted or STATE shall invoice CITY for any additional amounts required to complete CITY's financial obligations assumed pursuant to this Agreement. SECTION II CITY AGREES: 1. To bear one hundred percent (100%) of the total actual PROJECT capital construction costs, estimated to be $625,800, including the cost of materials furnished by STATE, COZEEP (construction zone enhancement enforcement program), supplemental work, change orders, claims related to the construction contract paid to the construction contractor, including those paid as a result of STATE's administrative claims process and/or as an award in arbitration, and the cost of STATE's defense of all PROJECT - related claims which may be filed by said contractor. The actual construction costs of PROJECT shall be determined only after completion of all work, the closure of all claims, and upon final accounting of all costs for PROJECT. 2. To bear one hundred percent (100%) of the actual SERVICES costs, estimated to be $180,000. Said PROJECT support costs shall include costs of providing personnel resources and their equipment and all direct and indirect costs (functional and administrative overhead assessment) attributable to PROJECT support applied in accordance with STATE's standard accounting practices and procedures,. The actual cost of SERVICES shall be determined only after completion of all work, the closure of all claims, and upon final accounting of all costs for PROJECT. Revised June 27, 2005 edition 3