Contracts & Agreements_7-1977 - Laserfiche WebLink

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Page 2 of 8 both STATE and LOCAL AGENCY concur in the amount of and the necessity far the excess and sufficient money is available to finance same , but in no case shall the total cost of the contract be in excess of 125% of the total cost shown in Exhibit A 4. When work is to be done by State contract , LOCAL AGENCY shall deposit its share of the estimated cost, specified in Exhibit A, with STATE prior to the time funds are required for reimbursement to the contractor. STATE will bill LOCAL AGENCY for the amount due immediately following award of the contract. Funds deposited prior to contract award which are in excess of requirements will be refunded to LOCAL AGENCY. Should the LOCAL AGENCY fail to pay monies due STATE within 30 days of demand or within such other period as may be agreed between the parties hereto, STATE, acting through State Controller, shall withhold equal amount from future apportionments due LOCAL AGENCY from the Highway Users Tax Fund. 5. STATE shall exercise general supervision over the work and may assume full and direct control over the project whenever STATE, in its sole discretion, shall determine that STATE'S responsibility to the United States so requires. 6. The Congress of the United States, the Legislature of the State of California, and the Governor of the State of California, each within their respective jurisdictions, have prescribed certain employment practices with respect to contract and other work financed with Federal or State funds. LOCAL AGENCY shall insure that work performed under this agreement is done in conformance with the rules and regulations embodying such requirements where they are applicable. Any agreement or service contract entered into by LOCAL AGENCY for the performance of work connected with the project shall incorporate Exhibit B attached hereto. 7. All costs properly chargeable to the project but ruled ineligible under Federal-aid Highway Acts shall be paid by LOCAL AGENCY and shall not be reimbursed by STATE. ARTICLE II - Rights of Way 1. Such rights of way as are necessary for the construction of the project shall be furnished by LOCAL AGENCY and no contract for the construction of the project or any portion thereof shall be warded until the necessary rights of way have been secured. Prior to the advertising of the project LOCAL AGENCY shall furnish STATE with evidence that necessary rights of way are available for con- -truction purposes or will be available by the time bids are opened. 2. The furnishing of rights of way as provided for herein includes, in addition to all real property required for the improve- ment, free and clear of obstructions and encumbrances, the payment of damages to real property not actually taken but injuriously affected by the proposed improvement.. LOCAL AGENCY shall pay from its funds the cost of acquiring rights of way and any costs which arise out of right of way litigation, or out of delays to the