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HomeMy WebLinkAbout65-1071 2 3;. 4' . s1: 6 ,7 8' 9;' 101 1I' 12: 13' 14 15 16 i is 19' 20 2i 22 23` 24 25 261: 27 28; 29'. 30: 31' 32!' ~ ~~ RESOLUTION NO .. 65- 107 BOARA OF SUPERVISORS COUNTY OF BUTTE, STATE OF CALIFORNIA RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF BUTTE APPROVING COOPERATIVE AGREEMENT REGARDING IMPROVEMENTS ON ROAD 03-BUT-99 For improving Route 99 to a 4-lane street section between 1.0 mile: south of Gridley and 0.3 mile north of Gridley and constructing curbs and gutters between Spruce Avenue and approximately 1,300 feet north. WHEREAS, a three-party agreement has been presented setting forth the various rights and obligations of the City of Gridley, the County of Butte, and the State of California to accomplish said improvements on road 03-But-99; and WHEREAS, the Butte County Board of Supervisors has heard read said agreement in full and is familiar with the contents thereof ; THEREFORE, be it resolved by the Butte County Board of Supervisors that said agreement is hereby approved. BE IT FURTHER RESOLVED AND ORDERED, that the Chairman of the Butte County Board of Supervisors be, and he is, authorized and directed to sign said agreement on behalf of the County of Butte. PASSED AND ADOPTED by the Board of Supervisors of the Coun of Butte, State of California, this 26th day of October, 1965, by the following vote: AYES: Supervisors Giles, Howsden, Maxon, Mc~i.ll.op and Chairman Pryde NOES: None ABSENT: None S E J. P D, C rm Butte Co y Boar of Supervi ors ATTEST: JESSIE ROGERS, County Clerk THE ~~ ;c~~':°•'~. -~~ '- ;~ .",,` , r rrry GF and ex-officio clerk of the THE ~''~~ ',,°..~ . - :- `~ ."'; ~ ; v `~~E. Board of Supervi,~ors _ B ~ ~ ~ - Deputy ~ --- ~ .~ ~ ;~ J..., oi,~~.~ a.r ~.._.. _._~~.w. ~Y G=FiJ f Y 03-But-99 COOPBRATI~ AGRB~TT THIS At~RE1NT, made and entered into in triplicate this day of 1g , by and between the Mate of California, acting by and through its ~3ivision of Highways of the ~3epartment of Public Works of the Transportation Agency, hereinafter for convenience referred to as "State"s the City of Gridley, hereinafter for convenience referred to as "City", and the County of Butte, hereinafter for convenience referred to as "County", W I T N L~ S~ T Hs WA~REAS, State is planning to improve State I~ightvray Route o3-But-99 in. the City and County to a ~-lane street section between l.0 mile south of Gridley and. 4.3 mile north of Gridley; and S~FiBRE1~S, the City and County desire that curbs and gutters be incorporated in the State's contract for that section between Spruce Avenue and approximately 1,300 feet north; and WF~~, the State, City, and County will mutually benefit in handling the work as a cooperative project; and "WTA.S, the City and County will assume the cost of curbs and gutters incorporated in the improvement as shourn on the plan map attached hereto marked Nxhibit "A"; NOW THR,RE~+'ORE, in consideration of the premises and mutual benefits to be derived From the performance of work as set forth below, the parties agxee as follows: ARTZG7,E I For and in consideration of the covenants and conditions to be kept and performed by the City and County as set forth herein, the State agrees: 1. To prepare plans, specifications, estimates of cost, and perform all work necessaxy in the improvement of State Highway Ratite ©3-But--gg, in the City and County, to a ~-lane street section, with a curb-to-curb width oaf 6~+ Feet between Spruce Avenue and approximately 1,340 feet earth, all as shown on the plan map attached hereto marked ..g_ Exhibit "A" and made a part hereof by this reference. 2. To bear the expense of constructing the improvement described in Article T, Item 1 hereof, except the expense of ennstructing curbs and gutters as shown on Eachibit t3A13, which expense is to be borne by City and County. 3. Total cost of work to be 'borne by Gity, including construction engineering and overhead, not to exceed X5,500 without prior consent of City. ~, Tata1 cost of work to be boa~n.e by County, including construction engineering and overhead, not to exceed $1„250 without prior consent of County. 5. Upon completion and acceptance of said improvement by all parties hereto, Mate shall submit to City and County itemized bills of all costs and charges incurred incident to said improvement and work immediately related thereto in accordance with this Agreement and shall return to City and County within 64 days any excess City or County funds deposited with State over and above actual. cost to State, provided that if there are any unsettled claims presented in connection with the construction of said improvement, then the State may continue to withhold such funds as are necessary to cover possible settlements until the claims are settled, ARTICLE IZ In consideration of the covenants of the State hereinbefore contained and of County here3.naf ter eanta~.ned and the f aithfuZ per~'ormance thereof, City agrees: 1. That State is hereby empowered to act on behalf of City and is hereby authorized to perform as agent fox City those services described under Article I, Items 1 to 5, inclusive, of this Agreement. 2. To pay to .State City~s share of expense aP constructing curbs and gutters between Spruce Avenue and approximately 1,30Q feet north, as shown on Exhibit "A". _~_ 3. To pay to Mate the cost of construction en€;3neering and averhead fax Cityis share of nark, which t~il1 be l~. percent of the actual cost of eoxzstruet3.on of ~3.tyis share for the purpose of this Agxeemen.t. ~+. Clpon notification by State that bids for the construction contract for such impxover~exzt have been. received and award of said contract to the lowest responsible bidder has been approved, City will deposit with the State X5,500. 5. In the event that the estimated total cost to the State fox the construction of the Gityportion of the improvement at the time of the award exceeds $5,5Qf5, City w~.ll, subject to its approval. of such an increase, deposit with the State within 60 days the balance of the Cityss obligation assumed hereunder. 6. ~f during eonstruetian it 'becomes necessary that additional work i~ot originally covered by the Contract in the. Plans and Specifications, as pertains to the City portian, ~zust be performed under a Change ~lydex ox Change Orders and sash Change Cxder work will result in increased costs in excess df the funds heretofore placed on deposit with State, then C3:ty shall, subject to its approval of such Change @rdex~s, depos3.t with State within 5 days after notification of the amount required additional funds as necessary. 7. That prior to Status advertising said improvement for bid,, City will. obtain all. necessary easements within the City portion of the improvement anal file same with State. 8. That, al.l. utilities within the limits of this Agreement that require rearranging as part of the improvement wi11 be rearranged iz2 advance of the State t s advertising said improvement for bid. -~- AEtTICT,~ SSI Irs consideration of the covenantg of the State and City hereinbefore contained and the faithful performance thereof, County agrees; 1. What 5ta~e is hereby empowered to act on behalf of County. and is hereby author3.zed to perform as agent for County those services deseri~ed under Article ~, Items ~. to 5, inclusive, of this Agreement. 2. ~o pay to State County~s share of expense of constructing. curbs and gutters between Spruce Avenue and approximately 1, 3OO feet north, as shown on ~xh.ibit "A" . 3. To pay to State the cost of construct~.on engineering and overhead far County's share of work, which will be 11 percent of the actual cost of construction of County~s share for the purpose of tis3:s ~fgreement. ~k. Upon notii'ication by State that bads for the construction contract for said improvement have been received and award of said contract to the lowest responsible 'bidder has. been approved, County wi11 deposit with State $1,20. 5. In. the event that the estimated fatal cost to the State for the construction of the County portion of the improvement at the time of award exceeds ~1,2~0, County will, sub~eet to ~.ts approve]. of such an ,increase, deposit with State within ~Q days the balance of the County's ob~.igation assumed hereunder. 6. If during construction it becomes necessary that additional work not origina~.ly covered by the Contract in the Plans and Specifications, as pertains to the County portion, must be performed v2sder a Change Order or Change Orders anti suds Clsange Order work wild. result in. increased costs in excess of the funds heretofore placed on deposit with the State, then County shall, subject to its approval of such Change ''~ _~r Orders, deposit with. State within ~ days after notification ox" the amount required additional funds as xecessary. 7. .'hat, prior. to .State's advextisix~ said improvement for bid, Comity will obtain all necessary easements within the County portion of the improvement axed fi],e .same ~'ith State.. ABTIC~ TV It is mutually understood and agreed: ~.. To comply with the requirements and regulations in conneet~.on with the Civil R3.ghts Act of 196 and the regtx].ations of the T~epB,rtmerct of Commerce .as contained in "Appendix A" attached hereto. 2. That the improvement shall be ennstructed 3.xi accordance with the plans and specifications approved by City and County.. 3. That all work contemplated by this Agreement shall be done in a good and wor~smar~.like manner and. to the satisfaction of the parties hereto anal said ~rork shall be diligently prosecuted to completion by the parties hereto obligated to pexform the sa~rne in its logical order and sequer~ee . ~. That the final cost to the State of constx~u.eting the said City and County (curb and g~.tter) portions of the improve went may be more than the City and County deposits herein provided and City and County shall pay to State any amount by which the actual cost exceeds deposits. if final cost ~'~ •~, is less than the aanounts deposited, State shall refund ~i City axed County arm unused portion of their deposits, ~; >.~ 5. ghat the books, papers, records and aecoun.ts of the ,,'~ State hereto, insofar as they relate to expense for labor and materia3.s or in any vaay conxiected with the work herein contemplated, shall at all reasvxiable times be open to inspection and audit by agents and authorized representa- tives of C~.ty .and Corznty. -6- 6. What n,eithex State nor any officer or employee thereof, is respons~.ble fox any damage ox liability occurring; by reasonaf anyth3.rtg done. or omitted to be done by City or County under or in connection with any work, authority, or jurisdiction delegated to City or County under th3-s Agreement. It is also understood and agreed that pursuant to t3oaerrunent Code Section 895.4, City or County shall fully indemnify and hold State harmless from any damage or liability occurring by reason of anything done or omitted.. to be done by City or County under or in connection with any woxk, authority, or jurisdiction delegated to City or County under this Agreement. 7. What neither Gity nor any officer or employee thereof, is responsible for damage or liability occurring by reason of anything done or omitted to be done by State or County under or ire connection with any work, authority, or jurisdiction not delegated to Gity under this Agreement. It is a~.so understood and agreed that, pursuant to Government Code Section c895,4, State or County shall fully i.nr~emnify and hold City harmless from any damage or liability occurring by reason of anyth~.ng done or omitted to be done by State or County under or in connection with any work, authority, or jurisdiction not delegated to C~.ty under this Agreement. 8. mat neither County nor any officer or employee thereof is responsib~.e for any damage or liab3.lity occurring by reason of anything done or omitted to be done by State or '~~ City -render or in connection with any work, authority, or \ ~~. jurisdiction not delegated to County under this Agreement. `~` ~'~. It is also understood and agreed that pursuant to Go~rernment Code Section 895,4, State or City shall fully indemnify anti hold County harmless from any damage or liability occurring -`7- by reason of anything done or omitted to be done by State ax G~.ty .der or in connection with any work, authority, ox jurisdiction not delegated to County under this Agreement. 1N W~SS WHH~©F, the garties hereunto have set their hands and seals the day above First Written. A~aproyal aecommended: s r c eer Approved as to ~'orn~ and Procedure3 i e~~~ At o ey orney, epar en o c Works STA'.['H C?~' ~ALIF'flRN~A department o~ Public Works Aivision of Highways J . C . W(71~ACK State Highway HZigineer By epu y ate g-way sneer CI~'Y OF ~rRII)' ~y ,~ yor C~UN`~'Y OF HH~`1'H ~' ,. o.r pe sore APPENDI% A During the performance of this contract, the contractor, for itself, its assignees and su~~cessors in interest (hereinafter referred to as the "contrac- tor"), agrees as follows : , {1) Compliance with Regulations: The contractor will comply with the Regulations of the Department of Cuuuueree relative to nondiscrimina- tion in federall}•-assisted programs o€ the Department of-Commerce (Title 15, Code of Federal Ilegnlations, Part 8, hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part o£ this contract. (2) Nondiscrimination; The contractor, with regard to the work performed by it after award and prior to completion of the contract work, will not discriminate on the ground of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate either directly or indirectly in the discrimination prohibited by Section 8.4 of the Regulations, including employment pra} etiees when the con- tract covers a program set forth in Appendix A-II of the Regulations. (3) Solicitations for Subcontracts, Iacluding Procurements of Materials and Equipment; In all solicitations either by competitive bidding or negoti- anon made by the contractor for work to be performed under a sub- contract, including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, color or national origin. (4) Information and Reports: The contractor will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other souxces of information, and its facilities as may be determined by the State Highway Department or the Bureau of Public Roads to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required-of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the State Highway Department, or the Bureau of Public Roads as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions Yor Noncompliax-ce: In the event of the contractor's nonconn- pliance with the nondiscrimination provisions o€ this contract, the State Hightivay Department shall impose such contract sanctions as it or the Bureau of Public Roads may determine to be appropriate, including, but not limited to, (a) withholding of payments to the contractor under the contract until the contractor complies, and/or (b) cancellation, termination roe suspension of the contract, in whole or in part. (Q) Incorporation of Provisions: The contractor will include the provisions of paragraph {1) through (6) in every subcontract, including procure- ments of materials and leases of equipment, unless exempt by the Regu- lations, order, or instructions issued pursuant thereto. The contractor will take such action with respect to any subcontract or procurement as the State Highway Department or the Bureau of Public Roads may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that, 'in the event a contractor be- comes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the State to enter into such Iitigation to protect the interests of the State, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. ,