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HomeMy WebLinkAbout70-056~~so~u~zo~ No. ~o- 56 RE50LUTION AUTHORIZING EXECUTION OF COUNTY-STATE AGREEMINT N0. BUT-28~ GLE-207 REVISED FAS PROJECT 1523(2) 1 2 3 4 5 6 7 8 9 10 11 1`d 13 14 15 16 17 18 19 20 I 21 22 23 24 25 26 27 28 29 30 31 32 ~ BE IT RES~LVEA by the Boaxd o~ Supexvzsoxs of the County of Butte~ State of California, as follows: l. That said County enter into County-State Agreement No. BUT-28= GLE-20~ REVISED, Federal-aid Secondary Road, District III, Sutte County, Federal Aid Secondary Project 1523(2) for ORD BEND BRIDGE @ SACRAMENTO RIVER, and the Chairman of ~he Board be auChorized Co execuCe said agreemenC on behalf o£ said County; 2. That Cler€c of this Board be authorized to attach certified copy o€ this resolution to said agreement. PASSED AN- ADOPTED by the Board of Supervisors of tihe Countiy of Bu~~e~ 5tate of California, this 21.Stday o£ ApT 11 , 1970, by ~he follow- ing votee AYES: StTYERVI~,OR!~ HOW~DEN? MAXON~ ~cKILLOP, ~?EYNOLDS; C~iAIRxj'il~N prTN.AWAY NOES e ~FONE ABSENTe NO~iL ATTEST: CLARK A. NELSON, County Clerk and'ex~officio Cleric of Che Board of Supervisors ~~~t,~.l' 4: ~~~ G1erk or DepuCq ~ ~~ / ~ r Chairman of the Board of Super isors County of Butte9 State of Cali ornia ~O'~`~ ~ _ : __ . ,. .. . ' • . I E ~ COUN~- ~-STATE AGREEMENT ~d0. ~~ ~~~~~~ ~~ F.EDERAL-AID SEC4NDARY ROADS ~-~~~ ~ ~~ ~~~. FJistrect • CounEy FEDERAL PROJECT ~~~~~~~~~ ~~ ~~~ ~ .. ~ , ---•----------------------------•---------------------------.........--•------ ~~~~~~~~~ THIS AGREE~fENT made in~ . this ---- ----- day of ---•---------•------------------> 19 ~~----- , bY ~•~ ~ ~~ ~ ~~ ~~~~ and bet~veen the ~ , a political su~division of the State of Caiifornia, hereinaFter referred to as "COUNTY", and the STATE QF CALiFQRNIA, acting by and througf~ the Di~ision of .Highways of the Department of Public Works, hereinafter referred to as "STAT~". WITNESSETH ~~'HEREAS, under the provisians of Title 23, United States Code and other Federal-aid Highway Acts ~'ederal funds are authorized to be appropriated for expenditUre on a system of seconclary roads to be selected by the state highway departmants in cooperation with local road offic'ials, and such a system has 6een selected and Federal funds have been appropriated far expenditure thereon; and WHEREAS, as pro~aded by the Secondary FIighways Act of ~ 95J. (Section 2200 et seq. of the Streets and Highrvays Code) Federal fUnds and certain matching monies from the State High- ~vay Fund have been apportioned to Couzaty For the canstruction of the Federal-aid secondary system project seiected by COUNTY in cooperation with STATE and described in Exhibit "A" hereto; and «'HER~AS, under Federal Law, STATE is required to enter into an agreement with COUNTY relative to prosecution of the said project and maintenance of the com~leted work. NOW, THEREFORE, the parties agree as ~ollows: ARTICLE I - Contract AdminSstration J. The project or projects desceibed in Exhibit A, hereinafter referred to as "the project", shali be constructed as provided in this agreernent. 2. Construction work s~all be performed by contract. STATE shall make fznal preparations for advertising, advertise and award the cpntract, and make payments to the contractor as the same become due. 3. The estimated cost of the project is as shown in ExhibSt A h~reto. A contract for an amo~nt in excess of said estimate may be awarded and projeot expenditures n~ay exceed said ~stimate if both STATE and COUNTY concur in the amoUnt af and the necessity for the ~xcess and sufficient maney is availablE to finance same. 4. At, any time prior to the scheduled time for bid openin~ COUNTY tnay deposit with the Division of Highways its share of the estimated cost specified in Exhi6it A in order to permit prompt award of a contract on the basis of the lowest satisfactory bid received. ~'unds so de- posited which are in excess of requirements shall be immediat.ely rePunded to COUNTY. In any FORM HCC 212 REV. !0/69 - ~ - ( i •: ..,. . i... : event, COUNTY shall, ~vi~hi.ri ten days of being notified of the amount "oi~ the bid and the proposed financin~, deposit witl~ the Division of Highways the amaant specified in Exhibit A or such Iesser amount as may be required to award a contract on the basis of the lowest satisfac~ory bid within the estimate_ 5. STATE shall exercise general supervision over the work and may assume fUll and direct control over the project F~henever STATE, in its sole discretian, shall determine that STATE'S responsi~ility to the United States so requires. 6. The Cangress of the United 5tates, the Legislature oP the State of California, and the Governor of the S~ate of California, each within their respective jurisdictions, have prescribed certain employment practices with respect to contract and other work financed with Fedaral or State funds. COUNTY shall insure that work performed under this a~reem~ent is done in confor- mance ~vith the rul~s and regulations embodyin~ such requirements ~vhere they are applicable. Any agreement or service contraot entered into by COUNTY far the performance of work~connected with the project shall incorporate Exhibit $ attached hereto. 7. AI1 costs properiy chargeable to the pro~ect but ruled ineligible under ~ederal-aid High- way Acts shall be paid by COUNTY and shall nat be reimbursed by STATE. 8. After comp~etion of ail work under this agreement and after all costs are known, any unUSed COUNTY money shall be refunded. COUNTY ~r-onies deposited for preliminary engineer- ing, construction engineering, and contract work sf~all be cor~sidered ta be interchangeable, and shortages of COUNTY money in one such categary may be made up from unused COUNTY money in anot}ier `category. When the amount of unused COUNTY money is substantial and there is an una:sual delay in determining Einal costs, STATE shall upon re~uest maEce an interim refund of the €unds known to b~ in excess. 9. ~Vhen requested 6y COUNTY, STATE shaIl arrange for payment of available project funds for royalties due a property awner fot borrow materia~ furnished to the contractor for the project under an agreement between the properEy owner and COUNTY which has been appro~ed by,. STA.TE. A certified copy of such agreement must be Piled ~vith STATE. 10. ~Vhen ~he proj~c~ inoludes work to be perFormed by a raiiroad, the contract for such work shaii be entered inta by COUNTY or by STATE, at COUNTY'S aption. A contract entered into by CQU~TTY for sucfi work must have the prior approval of STATE. In either event, COUNTY shall enter into an agreement with the railroad pravid~ng for maintenance of the protective devices or other faciiities installed under the ser~ice contract. At the request of COUNTY, STATE shall make direct payment of project funds ~a a railroad for work perPqrmed under a contract betwEen COUNTY and the railroad. ARTICLE IF - Rights of Way 1. Such rights of way as are necessary ~ar the construction of the project shall be furnished by COUNTY, and no contract for the construc~ion of tf~e project or any portion Lhereof shall be awarded until the necessary rights of way have been sec~red. Prior to the advertising oF the project COUNTY shall furnish STATE with evidence that necessary rights of way are available far construction purposes or will b~ available by the time bids are opened. 2. The furnishing of rights of way as provided Por herein includes, in addition to all real praperty required for the improvement, free and c1Ear of obstructions and encumbrances, the payment oF darnages to real property not actually taken but inj~riously affected by the praposed improvement. COUNTY shall pay fram 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 contractor because utility facilities have not been removed or relocated, or because r.ights of way have nat ~een made available f,a the contractor for the orderly prosecution of the work. ~~ FORM HCG 2i2 REV. 10/69 ~ 2' 3. When STATE has determined that COUNTY'S right of way acquisition procedures meet Federal requirements, COUNT.Y may ciaim reimbursement from Federal and available State match- ing funds for exp~nditures to purchase ri~hts of way speaified in Exhibit "A". ARTICLE FII - Engineering 1. "Preliminary engineering" as used herein includes aII preiiminary work related ta the project, inclading but not restricted to preliminary surveys and reports, laboratory ~vork, soil investigations, preparation of plans, design, and advertising. "Construction engineering" as USEC~ }lEPElIE includes actual inspection and supervision of construction work,construction staE~~ng, lahoraCory and field testing, Fie1d reports and records, estimates, finai reparts, and allawable expenses of employees engaged in such acti~ities. 2. ~reliminary and construction engineering costs included 'an the estimate contained in Exhibit A ma,y be Finaraced with project funds. The remainder of such costs shall be financed 6y COUNTY wiLhaut reimbursement. Uniess otherwise agreed, Federal fnnds shall no~ participate in the cost of engineering. When preliminary engineering or constructian engineering costs in- carred by COUNTY are to be financed with project funds, STATE shali reimburse COUNTY For ser~ices perforrr-ed on the basis of the actual cost thereof to COUNTY, including compensation and expense of personnel workin~; an the project, required materials, and automotive expense, provided, hawever, that COUNTY shal~ contribute its general administrative and overhead ex- pense. Payments For such ser~ices shall be made by ~TATE upon receipt of in~oices from COUNTY prePa.red in such form and supported by such detail as may be prescribed by STATE. 3. Uniess the parties s}~all other~vise agree in writing, COUNTY'S employees shali perform all engineering work. 1~Vhen preliminary or constrUCtion engineering Por the project is performed by STATE, charges therefar shall inc]Ude an assessment on direct labor costs in accordance with Section 8755.1 of the State Administrative ,ldanual. The portion o€ s~ch chaeges not Pinanced ~vith ~ederal funds or State-supplied match~ng funds shall be paid .from funds .of COUNTY de- posited in advance €or the purpase. ARTICLE IV - Miscellaneous 1'rQ~isions 1. This agreement shall have no Eorce or effect unless and until the project is approved by the United States, nor shall any of the Federa~ and State matching funds provicied herein ~e expended unless and until the Federal Government has agreed and is obligated to re'rmburse STATE in ful~ for Lhe amount of Federal funds to be expended. 2. Tn the event that the project is programmed on a stage construction basis, COUNTY shall complete the project to its final stagE, with or without Federal aid, at such time as traffic or other conditions warrant and in a, manner satisfactory to STATE. Should the work co<<ered by this agreement invol~e a bridge without appraaches, within a period of two {2) years after com- pietion of the bridge COUNTY shali cause such a~proaches ta be constructed, with or without Fecieral aid, to design standards acceptable ta STATE. 3. The cost o€ maintenance performed by COUNTY farces during any temporary suspension of the work may be charged to County funds in the project if such are available therefor. FORM HCC 2t2 REV. 10J69 4`~ - ~. (a) Neither ~TATE~'~ ~.;r any officer or employee thereof sli.; .. _'~ be respansible Far any ~ 4 damage or liability occurring by reasan of anything done or omitted to be done i~y COUNTY under or in connection with any work, authority or jurisdiction delegated to COUNTY under this agree- ment. It as also understood and agresd that, ~ursuant to Government Code Section 895.4, Coun~y shall fully indemnify and hold STATE harmless from any liability imposed Far injury (as de~ined hy Government Code Section 8J.0.8} occurring by reason of anything done or omitted to be done by COUNTY under or in connection with any work, authority or jurisdiction delegated Eo COUNTY under this agreement. 4. (b) Neither COUNTY nor any officer or employee thereof, shall be responsible for any damage or Iiability occurring hy reason of anything done or omitted to be done by STATE ~nder or in connection with any work, authority or jurisdiction not delegated to COL~NTY under this agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, State shall fully indemnify and hold COUNTY harmless frorn any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be c3one by STATE under or in connection with any work, authority ar jurisdiction not delegated ta COUNTY under this agreement. 5. Auditors of STATE and the United S~aCes shall be given acc~ss to COi1NTY'S boolcs and records far the purpose af checking costs paid or to be paid hy STATE hereunder. 6. Upon acceptance of the completed project by the awarding authority, ar "vpon the con- tractor being relieved oF the duty oF inaintaining and protecting certain portions of the work, ~COUNI'Y sha11 maintain the project or such portions o£ the work in a manner satisfactory to STATE.' If, within ninety days after receipt of notice fram STATE that the project or any portion ~hereo€ is not being properly rnaintained, COUNTY has not remedied thE cond'ztions complained of to STATE'S satisfactian, STATE may withhold the programming af further Federal-aid second- ary projects of COUNTY until the pro~ect shalI have been put in a cond'atzon of ~naintenance satisfactory to STATE. 7. The maintenance referred to in the preceding paragraph includes nat only the preserva- tion of the general physical features aE the roadway, roadside, and surfacing, but aIso aIl safety and re~ulatory £eatures; devices and appurtenances built into the projec~, and none of said safety ~eatures; devices and appurtezaances shall be removed, eliminated or decreased in effectiveness witlaout the prior ap~roval of STATE. SaFety features to be maintained include a roadside clear o£ Utilities and other obstructiozas ar features whzch may be a hazard to a motorist who inadvert- en~ly lea~es the traveled way. No ut'rlity pole, tower,. or other obstruction shall be placed within the right of way without the prior approval. of governing body of the jurisdic~ian in which the project is located and, where ciearances to the traveled way are less than those prescribed by STATE, without prior approval of STATE. ARTICLE V- Accommadation of Utilities Utility facilities (as deFined in U.S. B.P.R. Policy and Procedure Memorandum 30-4.1) rr~ay be accommadated on the right-of-way provided such use and occupancy of the highway right-of- way does not anterfere with the free and safe flow of traf€ic or otherwise impair the highway or its scenic a~pearance; and provided a Use and Occupancy Agreement, setting forth the terms under which the utility facility is to cross or otherwise occupy the highway . right-of-way, is executed by the COUNTY and QWNEft. The Use and Occupancy AgreEment setting forth the tecros under which the utility facility is ta cross or otherwise accupy the highway right-of-way rnust include the provzsions set fortli in Sectzon k' 11.04 of the CITY AND COUNTY FRQJECTS MANUAL published by tkae STATE, unless otherwise approved by the STATE. FORlA HCC 212 REV. f0/69 ~~_ ARTICLE VI - Cond'ztion of Acceptance As a condition a£ acceptance of the Federal-sid and State Matching monies providec3 for this praject, COUNTY will abide by the Federal and State policies and procedures pertaining to the Local Federal Aid Secondary i~rogram set forth in the CITY AND COUNTY PROJECTS MANLIAL issued by the STATE and s1tall conform to applicable Federal and State Laws and Regulations whether or not such are included in said manual. IN WITNE$S WHEREOF, the partzes ha~e executed this agreement by their duly authorized officers. STATE OF CALTFORNIA Department of Public Works Division of Highways COUNTY OF ~~~ J.A, LEGARRA State Highway Engineer By Deputy State H9ghway Engineer By ~ ~' ~ / "` ~ Chairman, oard oF Supervisors ~~~ ~~ ~. . ~ ~` ~ . ~ . ~ ~ ~~~ ATTEST: Approval Recommended: D'estrict Engineer H.Q. F'ederaE Aid and City-Co~nty Projects Engineer Ap~roved as to Farm and Procedure: Attorney, Depaetment of Public Works Appraved as to Fisca! and $~age~ary ControE /andi~ar's Deparkment ofye C3erk, Boatd oT Supetvisors /`:: i=~;;.?`1~=~ ,~,5 I O FC`ii;;~,~1 E7,~::.;;; `J. t;.'ac~;s~ock ~~~•~e Co~;;~tyy ~Co~Ans~a! !! Yl ~Y ...---•'•--..._~..._.__ ~/ _, /----....... ,t„ FORM HCC 212 REV. lU/69 ~ 5" EXHIBiT A ARTICLE VII - Project Location and description of work proposed: ~~~~~t ~~~~~~.+-~~~ ~~~~~3[~~~ ~~~~~~ ~*~~~~~~.~~1 ~ ~~'€~ ~~ ~~~~~ ~+~~~ ~~.~ ~~ ~~ ~.~~~* ~~~~ ~ ~~.~~ ~~~~~. ~~ ~~~1~~~ ~~~~'. ~~~~~~~~ ~~ ~~~~~ ~~~~~~~~ ~~~~~ ~ ~~~~~~. ~~~ ~~~~~~~ ~ ~ ~ ~~~~~ ~t~~~ ~~' ~~ . ~ . ~ ~ ~~* ARTZCLE VIII -- Proposed 1'roject funding: ~~~~~~ ~~,~ ~~;~~ ~ ~~~ ~~~~~~ ~~~~~ ~~~~ ~~ ~~~~ ~~~~~~ ~ ~ ~~~ ~~~~~~ ~ ~~~~o~ ~~~~ ~~~ ~~~ ~~~~~~~ ~~~ ~~~~~ ~~~~~~ ~~~~ ~~~~~ ~~~~ ~~ ~~~ ~~~~~~~~ ~ ~~~~~ ~~ ~~ ~ ~ ~ ~~. ~~~ ~~~~~~~ ~~ ~ ~~ ~~.~~~~~ ~~~~.~ ~~~~ ~~~ °~~ ~~~~~~. ~~~~~ ~~ ~ ~~~~~~ ~~~~~~~~~ ~~~~ ~~~~ ~~ ~~~~~~:~~ ~ ~~ ~~~~-~~~~~ ~~ ~~~ ~~~~~ ~ ~~~~ ~~ ~~~ ~~~~~~~ ~ ~~~ ~~~~~ ~~ ~ ~~~~~~~~ ~~ ~~ ~~~~~~~ ~~~ ~~~~~ ~~~~~~ ~~~ ~~~~ ~~ ~~ ~~~~~~. ~~ ~ ~ ~~~~~ ~~ ~~ ~~~~~~ ~~ ~~~~ ~~~ ~~ ~~~E~ ~~ ~ ~~~~~ ~~` ~~ ~~~~~~ ~.~~ ~~~~~1~ ~,~~ ~~~~~~~~~~~ FOflM HCG 2i2 REV. SU/69 ... s~- /. . ~XHIBIT B ARTICLE IX -- Nondascrim~'i~nation, Frovisions: r" ~. . . During the performance of this contract, Ehe contractor, far itseTf, its assignees and suc- cessors an interest {h~reinafter referred ta as the "contraotor"}, agrees as'fo~lows: 1. Comp2iance with Regulatio~.s: The contractor will corr-ply with the Regulations oP the DepartmenE of Commerce relati~e to nondiscriminaCion in federally-assisted, programs af the De- partment of Commerce {T.itie .15, Code of ~ederal ReguP'ations, 1'art 8, hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscriminatio~,: The contractor, with regard t~ the work performed by it a~tsr award and prior to completion of the contract ~vork, will not discriminate on the ground o[ race, color, or national origin in the selectian and retention of subcontractors, including procurements of materials and leases oP equipment. The contractor wiIl not participate either direotiy ar indirectly in the disetimination prohibited by 5ection 8.4 af the Reg~lations, including employment practices when the contract covers a program set Eorth in Appendix A-II of the R~gulations. 3. Solicitations for Subco~.trac~s, Including Procure~ne~ts of Materials and Equi~ment: In all solicitations either by competitive bidding or negotiation made by the contractor for wark to be perfarmed nnder a subcontract, incl~ding procurements oF inaterials or equipment, each potential subcontractar or supplier shall be notified by the contractor of th~ contractar's obligations under this contract and the Regulat'rons relative ta nondiscriEninat'ron on the ground of race, caIar or national arigin. 4. Information and 1~eparts: The cazatractor will provide aii information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources o£ information, and its facilities as rnay be determined 6y the State Highway Department or the Bureau of Public ~oads to be pertinent to ascertain compliance with such Regulations, orders and instructions. ~Yhere any inforrr~ation required of a contrac~or is in the excIusive Possession o£ another who fails or refuses to furnash this infor- mation, the cantractor shall so certify to the State Higttway Department, or th~ Bureau of Pubiic Roads as apprapriate, and shall set fort~ what efforts i~ has made to ok~tain the informatian. 5. ~'anc~ions for No~cco~nPlia~ce: In the e~ent of the contractor's noncomp~iance with the nondiscrimination , provisions of this contract, the State Highway Departrr-ent shaIl impose such contract sanctions as it or the ~ureau of Public Roads may determine to be appropriate, including, but not limited to, (a) withholding of payraents to th~ co~tractor under the contract until the contractor com- plies, and/or {b} cancellation, terminatian or suspension of the contract, in whole or in part. 6. Incorporation of Provzsions: The contractor wilI include the provisions oP paragraph 1 ~hrough 6 in every subcontract, including proourements of materials and leases of equ'rprnent~ unless exempt by the Regulatians, order, or instructians issued puesuant thereto. TI~e contractor will take such action with respect to any subcontract or procurement as the State Highway De- partment or the Bureau af Public Roads rttay direct as a means of enforcin~ such provisions in- cluding sanctions for noncompliance: Provided, however, that, in the event a contractor becomes involved in, ar is threatened with, Iitigation with a subcantractor or supplier as a result of svch direction, the contractor may request the ~tate to enter into such litigatian to pratect the interesCs of the State, and, in addition, the contractor may request the United States to enter into such litigation to proteet the interests of the United States. FORM HCC 212 REV. 10/69 r` ~~ ~~~ ~~'~`#'~~ ~~~~ ~~3 ~~~~`~~ '~~se~ :~~~~~ ~~~~~~~~ ~~ ~~~ ~~~.~~~ '~:~~~ ~~~e~~~~~ ~~~~~' ~~~.~~~~~, ~ ~'~~~~.~ ~ ~~~~~~~~ ~~:~ ~~~~ ~~~~~~~ ~~ ~~~ ~~~~~ ~ ~~ ~~~~~~~ ~~~~~~.~ ~~~~~~ ~~ ~~~~.~ ~~~ ... . .~~~~~~-, ~ , ~~~- ~~-~....~.. ~,~~~~.. ~i~~~~~..~~..~~~~~~ ~ ._._. ._... . _ . ._ _ _. , _.~~~ ~~~~~:. ~.