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HomeMy WebLinkAbout64-150RESOLUTION N0. S~€-750` ° RESOLUTION AUTHORT~TNG EXECUTION OF COUNTY-STATE AGREEMENT l 2 3 4 6 7 8 9 10 11 12 13 14 15 ].6 17 18 19 20 2I 22 23 2~4 25 28 27 28 29 30 31 32 FAS Project 758(9) BE IT RESOLVED by the BOARD OF SUPERVISORS of the COUNTY OF BUTTE, State of California, as follows: 1. That said County enter into County~State Agreement No. 22, Federal Aid Secondary Roads, District III, Butte County, Federal Project 758(9) OROVILLE HIGHWAY between 1.9 and 3.2 miles east of Gridley, and the Chairman of this Board be authorized to execute said agreement on behalf of said County. 2. That Clerk of this Board be authorized to attach certified copy of this Resolution to said agreement. PASSED AND ADOPTED by the BOARD OF SUPERVISORS of the County of Butte, State of California, this 1st day of December 19 mil, by the following Vote: AYES•Supervisors Alldredge, Giles, Pryde, Steinegger and Chairman McKillop NOES: None ABSENT: None v C rman of the Board of Supervisors C my of Butte, State of Gal ifornia ATTEST: .TESSIE ROGERS County Clerk and ex-officio Clerk of the Board of Supervisors By ~'•.-~---~hrt~..~lz D ty ORpVIr,r.Ti_ HIGHWAY G3 Butte Di~trlct Corot Y FEDERAL PROJECT ~-78(9) Tats A c a e e nt t, ri T, made in duplicate this day of fg6i# by and between the COUNTY OF HU`~TE ,State of California, hereinafter referred to as the "County," and the DEPARTMENT OF PUBLIC WORKS (Division of Highways) of the State of California, hereinafter referred to as the "Department." WITNESSETH: It ie agreed between the parties that the project or projects hereinafter described shall be constructed under and pursuant to, and in accordance with the provisions of the attached Exhibits A and B, which exhibits are hereby made a part of this agreement. Butte County agrees to provide necessary matching funds prior to award of contrecr. The Board of Supervisors of the County of te`'''e b Y Resolution daced authorized its execution. 1g64 has approved this agreement and In W t T n E s s W a s R e o e, the parties have hereunto affixed their hands and seals the day and year first above written. Approval Recommended: e ct n neat ITY AND DUNTY ROJECTS Np~NEER Approved as to Form and 1'raceduro: ATTQRNEY for the Department COUNTY-STATE AGREEMENT NO. 22 FEDERAL-AtD SECONDARY ROADS Cou ty of Butte STATE OF CALIFORNIA DEPARTMENT OF PUBLIC WORKS DIVISION OF HIGHWAYS J. C. WOMACK State Highway Engineer By 4eputy State Highway Engineer .>,~3P3,a_~[h:TN+?.?;--i'~IZ i;?V Yi``f7;i'1{d, ~'.:iJ~iS"_.. v... Eabibit A Article I. This agreement is made in the light of the following facts and citeumaeanees: t. Under the prorisione of the Fderal-Aid Highway Ates certain funds arc authorized w be approprutd !or tzpessdi- [ure on a ryrzem of principal reeondary roadc to be relee[ed by the Sutc highway departmaaa in caoparanon wicb the county ropariwrs assd the Consmiuioner of Public Awls, The route upon which she subject projee[u propard 6u been ro aaktred and approved by the Comnsirriosser of-Public Rods for inelwion in the Federal-Aid Sxondary Road Syrure. Federd_Aid kiighway Farads are scow available for ssbligatioo~ w the rubjoct projset. 2. The Department it required to enter into an agreement with the Commisrioner of public Rode racktire to eke prosecution of rbu projtet and tbt obligation of participating Federal-Aid funds. 7fi;&RBFOAE, in wnaideracion of [hc premiru herein contained, ehe parties agree ar follows: Article II. Cooperation with the United States. MAINTENANCE 1, The Fedwtl-Aid Aea require thu the mainceaance of projmts comtructed thereunder shall be the reapomibility of the Staw and that a project for which the Deparemeot propan to provide mainceaance by an agretmene with [he County shall sot fie spprord if aa7 project previously imprord with Pderal funds under the provisions aE the Federal Highway Acu, as amended and rupplemenced, which eke County hu agreed to maintain, is not being ratitfutorily maintained u determined by the Caemirlmer. It it eherefwe agreed that after completion of aid project or wablc portion[ thereof, sad upon tsotieo of each completion, tka County will maiauin the completed works is a manner satirfaecory w the aushorirwd agenu of efts United States. Argick III. Control of Work, RIGHT OF WAX The furakhiag of rights of way u providd for herein include, in addition to all real propusy ngaired (w the improve moat few and clear of obatruccionr and encumbrances, the payment of damago to real property not actually taken bat iajuritsurly aReetd by the propotd impror.mesac. 1. Such righu o[ wq u are naeesary for the eonuruccion of chs proposedvnpcoretoeac, .ill ba fturaithd 6y the Ctwoq. Z. It k esadtmood that a contract for the eonteruetion of chic projtet or any poetioa thereof cannot be awarded ssetil cha aeeeesary right of way hu hero shade arailabl*. !. 7'ha Cooney rill furnish to the Dtparemeae prior to adrertiring of the projtet n'idattot that nteauary righu of w.y an aralh[bk foe eonaeruetioa ptuposes. . 4. Tht Gouaty agrwa W pay from eount7 ftsndr any tau, which ere iaetured in eooeectaa wie6 thin project, which ariw art of ryht of way litigation or delay. to the coocracwr benuw right of way bu not bran sttde available to him for the ~l7 preeseutiaa of cha work. ENGINEERING Pralimiaary Engineering-The term "preliminary enginaring" as used herdo ineludq all preliminary rock, iaduding but rant restrietd to, preliminary rurrtya and report, laboncory work, soil inratipcion, prapaeatioe of plants design sad adrareitiag. Comcruction Enginwring-The ee m "construction mginarina' err used herein include setstal iospaetian of the wwk, ssecerury raartrtution sukieg, laboratory and field testing, field reports and rewrdr, ocimaces, final nport, and nllowabk espenrw of woployees eagagd therein. Couaq ampbyees rbdl perform dl engineering xork. It is undm[ood cha the Departaseat it held responsible by the Uaiud States Goveenment for the conduct of the work and for sari.factory resulu and that the Department may not delegate iu respotsribAicy. lc v therefore agreed that the Deputmenc will eureix genera[ supervision over the work and may take direct conerd of the mbjeet project at its discretion when is is deemed that the rnponsibilioy of the Deputment requites. When the cost of Right of Way, Preliminary Engineering or Construction Enginaring, incurred by the County is to be borne in part by Fderal-Aid funds, the Deparcmene will reimburse chc County for services perfortncd on ehe buffs of ehe actual cost thereof to the County including compensation and expense of personnel working on she project, ehe required materials and the we of rnssney-owned automobiles at the rate of £our cents per mile, provided, however, that ehe County wJl contribute its general admiauuative and overhead czprnce. Paymeno for each work will be made by the Department upon receipt of bills therefor, prepared in rush form and supported by rucjt detail u may be prescribed by the Department. The Dtpartmem and else Bureau of Public Awdt rhdl b< given access to the Ctwnty'r boob and records for the purptsre of checking tau paid or to be paid by she Departmeac hereunder. AWARD OF CONTRACT Actual coweruetion work will fie performed by eontrect. The Department will make the fiscal preparation for adver- tuing, wilt advertise and award the contract and will make payments to the contractor u the same beeorae due. Pear to adveseising for bids the County and ch< Department muse agree on an engineer's estimate u to the estimated eat of the project. No convacc for as amount in excess o£ said enginar'r estimate will be awarded unlesr ru6cienc funds are available sad both tM Departmmc and County agree co such award. Article IV. Special CovCnilltt. 1. Nonparticipating Iwstu. All tom ruled ineligible under the Federal-Aid Highway Aeu but properly ehergphk m shin projtet ahdl be paid by the County. 2. Prdimiaary Engineering. All preliminary engineering charges, including the cost of advestking, Stare been or wJl be paid by eke County from funds other than those provided by the Federal-Aid Highway Acts. t. Construction Engineering. The construction engineering it iaeluded in the estimated cost and may bt pid from Federal and County funds. 4. Claim[. Since this project is not on a Starr Highway, Sute Highway funds may not fie card to Snanee any cdta including claims rubmittsd by the eon[ractor, Public Utilities, Rights of Way or other pertinent charger, In ehe event that such claims ors submitted and the Bureau of Public Rosdr and State Attorneyr rule weh claims cannot bt paid by funds provided by the FederaE-Aid Highway Acts the County will upon the demand of the Department, deposit with the Sute Trosurer, a rum sufficient to cover the cat of any or atl daims. Article V. In caw of con9ict between any of the provisions conoined in Exhibits A and B, the provisions of Exhibit B shall govern. Exhibit B ARTICLE VI - Locati~~l of Project and Brief Desc..lption of Work Proposed: Approved Federal aid Secondary Project 5-758(9), in Butte County, covering proposed two-lane grading, paving and bridge (Stage Construction) on OROVILLE HIGHWAY bettyeen 1.9 and 3,2 miles east of Gridley, net length 0.871 mile. ARTICLE VII - Funds to be used for the Project: 1. Th® estimated cost of the project covered by this Agreement is: PRELIMINARY ENGINEERING ~ 4,540,00 Contract Items $508,804.00 Supplement Work 6 00 Subtotal 1 ,907.00 Contingencies 25,,b9~.00 CONTRACT TOTAL X540,600.00 CONSTRUCTION ENGINEERING (State-furnished) 60 QQ~„C)0 TOTAL 0 ,100.00 2. On the basis of the above estimate, this project will be financed as follows: Federal-aid Secondary Funds X319,407.40 State Highway Matching Funds 207,709.00 County Funds deposited to date for this project ~+-, 500.00 County Funds to be deposited 73,484.00 3, The actual funds for the project will be set up after the bid s. for the work have been opened, and shall be on the basis of contract prices. The amounts shown under the various categories of Paragraph 2, above, may be adjusted from time to time as the needs of the parties make it desirable, provided that the balances available in az;y category, the total estimated project cost, or the maximum legal pro rata are not exceeded, 4. The County may, prior to opening of bids, deposit with the Division of Highways the amount shown in Paragraph 2, above, to permit prompt award of a contract on the basis of the lowest satis- factory bid within the estimate contained in this agreement. The Department will refund or transfer to other county projects any portion of such deposit not required for this project. The County agrees, in any event, to deposit with the Division of Highways the above amount, or such lesser amount as may be required to award a contract on the basis of the lowest satisfactory bid, within five days of being notified of the amount of the bid and the proposed financing. ARTICLE VIT1 - Special Covenants: This project has been approved by the Bureau of Public Roads as stage construction. The County agrees to complete the improvement to the final stage with or without Federal participation.