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Home My WebLink About79-074- R.~SOI,~ITT.ON ~TO o 79- 74 EOtTJ.VTY OF B~JTT~ RESOLUTION AU~iORIZZNG APPROVAL OF` STATE-COUNT`Y' AGRE~iEN'T RE fiRAFFIC SIGNALS @ SR~.b2 (OLT.VE HIGHGJA'Y) ANb F`00'I'HrLL BLVD. .-; 4 1 ' 2 3 4 5 6 7 $ 9 10 lI 12 1,3 I4 15 1$ 17 ~8 19 20 2~ 22 2~ 24 26 26 BE IT R.ESOLVED by the Board o£ Supervisors of ~he Caun~y o~ Butte, S~ate a~ Cali~orna.a, as follows: 1, That said county enter into Sta~e~Coun~y Caopeza~iv~: Agxeement ~ar the i.n.sta~.7.a~ti.on o~' t~a~~a.c control signal sys~em and sa~ety lighting a~ ~he in~ersec~ki.on. of Foo~hi.ll B1.vdo wz~~ sR~.62 Ea~.ive Ha.gh~way) and the Chai.x~nan a£ the Baax~d be authora.zecl to execute said agreemen~ on behalf of sai.d County; 2, 'Fhat Cle~k of this Boaxd ~be authoxized to attach certi~9.ed copy of ~his resolu~i.on ~o said agzeement~ ' PASSED AND ADOPTED b~ the Board of S~pervisors of the Gou.nty of Bu.tte, S~ate o~ Cali.forn9.a, this Zst day o£ May , 1979, ~y t~.e ~o3.lowing vo~e: AYES: Supervisors Ao3.an, Moseley, Wheelex, Wins~on and Cna~.xman Lemlce NOES: None A~SENT: ~one 1~OT VOT~NG : None C~.a~.rman, ~oaxc~ o~ Supervisors ' Coun~y o~ Butte, S~a~e a~t Ca7,i~o~nia A~~EST: Glaxk l~elson, Count~r Clerlc C.~GG+...~4l, i~i~- ^ CT.erk/Deputy ; ~ . ,~ ~~ ~~ ~ 03-But-I62 ~.8.5 U3357 - 235001 Foo~hill Boulevard D~.stric~ Agree~nen~ No. 1l92 Document No. ~~-~t~-~ ~~ 4 ~o ~ ~,,..._.,...~,,. THIS AGREEMENT, ENTERED INTU ~N z~-'~ ls~ ~~,R79 I~ BETWEEN , COUNTY OF BUTTE, , a poliCica~ subdivis~an o£ Che S~a~~ of Calif~rn~a, referxed ~o herein as "COUATTY" AND ' STATE OF CALIFORNTA aet~.ng by and thro~agh its Depar~ment af TransporCation re~erred tc~ he~ein as "STATE" R~CITALS STATE and COUNTY contemp~.ate installing traffic control signa3. system and sa~e~y l~.ghting at ~he intersection of Foothill B~ul.evard wi~h State Highway Route ~.b2 (Ql~ve Highway), referred to h'ere~n as "PROJECT", $nd desire to specify the terms and condi~3.ons under which such systems~are to be installed, financed and maintained. . -~.a STATE AGREES: (1} To provide plans and speci~icat~ons and al~ necessary cans~ruction engineer~ng services for the PR4JECT and to , bear STATE's share of th~ expense thereof. (2) To construct ~he ~R~JECT by contract in accordance - w~th the plans a~d specifica~ions af STATE. . (3) To pay an amoun~ equa~ to 50% of construction costs; but in no event sha11 STATE's tota~ obligatxon for construction costs u~der this agreement exceed the amounC of $44,000; provided tha~ STATE may, at its sale discretion, in wri~ing, authorize a greater~ amaunt. (4) To ma~ntain and ~perate the entire traffic cont~ol signa~ aystems and safety lighting as installed and pay an amount equal to 50% o~ the total costs. ' SECTYON IF CQUNTY AGREES• (1) To deposit with STATE priar ~o awarc~ o~' ~ con- strucC~on cantract ~or PROJECT, the amo~nt of $35,~00,- which figuxe represents COiTt~TY's es~imat~d share o~ the exp~nse of prepsration of plans and speci£ications, construcCi,oi1 ertgineering, and construction costs requ~red to Cbill~~~tE PROJEGT. In no event shall COUNTY's total , abl~.gatian for said costs under this contrac~ exceed the amoun~ of $44,UQ0; provided tha~ COUNTY may, a~ its sol.e discre~ion, in writing, autha~ize a greater amount. . -2- ~ ;: . . ; ,•~ _ .. ~ . ~`= , ~'~' ` (2) COui~1TY's share of the cons~ru~-.:ion costs shall be an amounr equa7. to 50°/0 of the actual~ cos~, as determir~ed af~~er cample- tion of work and upon fina~ accounting o~ casts. {3) COUNTY's share of ~he expense of preparing plans and speci~icat~.ons sha~l be an amoun~ equal. to ~7% o~ COUNTY's share of the actual final. cons~ructxon cost. (4) C4I7NTY's share of the expense of construc~ion engineering shal7. be an amaunt equal ta 20°/0 0£ CDUNTY's share of the actual final constxuction cos~. (5) To ~urnish the neccssary right of way tanless otherwise pxovided £or. (b) To ce~ti£y to STATE that the right of way is owned by COUNTY or that COUNTY had.~ight o~ Entry ta do wozk przor to June ~, T.979. (7) To reimburse STATE £or C4UNTY's propart~onate share of the eos~ af ma~ntenance and operatzon of said ~raffic con~rol sign system and safety ligh~ing, such share to be an amount equal to 5fl°/o the to~al cost. SECT~ON I~I IT IS MUTUALLY AGREED AS FOLL~WS: (~} A1~. obligatians of STATE under the terms of thi.s Agreemen~ are subject ta the al~.ocatian o~ ~unds by the Ca~ifornxa Transpor~ati.on Comma.ssio~. (Z) STATE sha1~. not award a contract ~a~ the uroxk un~il after receip~ af C4UNTYes d~posit reguired in Sec~ion ~T(3.). (3) Neither STATE no~ any of~icer or employee ~her~o£ sha11 be respans~.bl~ ~o~ any damage or 3.iaba.~ity occuzring by reason of any~hing done or ami~~ed to be dane by COUNTY under or in connection wi~h any work, authori~y or j~risdictian delega~ed to COUNTY under this Ag~eemen~. ~~ a.s a~.so agreed that, pursuan~ ta Gov~rnment Cod~ Sectior~ 895.4, COUNTY sha11 fullq indemn~fy and hald STATE harn~Zess fram any ..~_ ~iability ~mpos~d for injury {as def~ned by Government Code Sectxon $10.8) occurr~ng by reason of anything dane or omitted to be done by COUNTY undar or in cannection with any work, author~~y o~ ~urisdictian d~~egated to COUNTY under this Agreemen~. ~ (4) Neither COt]NTY nor any officer or employe~ thereof, ~s resgonsib~e for any damage or liabi~ity occ~rring by reason of anything done or ornitted to be don~ by STATE under or in connection with any work, authority or 3urisdic~ion not delegated to COUNTY under Chis Agreemen~. ~~ is also agreed that, pursuant to Government Code Secrian 89~5.4, STATE sha11 fully indemnify and ho~d COUNTY harnnless ~rom any liability imposed for injury (as defined by Gavernment Cad~ 5ection 8~0.8) occurring by reason of any~h~ng done or omitted to be done by STATE under or in connec~ion with any wark, authorxty or jurisd~ctian not delegatEd to CQUNTY under ~h~s Agreement. (5) Sho~ld any portion of the PROJECT be financed with £ederal funds or State gas tax ~unds, al~ applicable proc~dures and ' pol~cies re~ating to the use of su~h fun~s shal~ apply natwithstanding other prov~sions of this agreement. {6) If, upon opening a£ bids, i~ is foun~ ~he amount deposited by COUNTY is in excess o~ th~ cost of ~he wark on th~ basis o~ bid prices p~us cont~ngency items, expense of pr~paration o~ plans and specifications, cons~ruction eng~neering, adm~nistration and nver- head costs, the ba~ance remaining shal~ be promptly ~e~und~d by STATE to COUNTY, If however, the ~ost o~ ~he work exceeds the a~~unt depos~ted by COUNTY, COUNTY wilZ promptly, upon ~eceipt of claim therefar, pay i~s port~on of the ama~nt of sazd excess to STATE. I~ rhe e~cess in~either case is less ~han one thousand dollars (~1,000), , -4- ~ no refund or demand fox add~tiona~ ~epos~t w~l~ be made un~3~ final accaun~~ng. (7) Afte~ open~ng b~ds for the PROJECT and xf bids ind~cate a cost overrun o~ no mare than 257a of the estimate, STATE may award the contract. (8) If, upon openzng o~ bids, i~ ~s Eound that a cos~ overr~n exceeding 25% o~ the estimate wi~l oc~ur, STATE and C4UNTY shall endeavar ~o agree upon an alterna~ive caurse af action. (9} Prior to advertising ~or bids ~or the PROJECT, GOUNTX may termznate ~his agreeme~t in writing, provided that COUNTY pays STATE ~o~ a~l costs incurred by STATE. (1Q} If terminat~on o~ this agreement is by mutual agr~eznen~, STATE will bear 50% and COUNTY wi~.1 be~r 50% o£ a~.l costs incurred priar ~o ~erm~nation. {1~.} Upon comp~.Ftion o~ ~11 wark under thia agre~ment, ownership and titl.e to al~. rnaterials, equipment and apptart~nanc~s a.nstalled will be vested in the STATE and no ~urt~er agreement wi3.~. be necessary Co transfer ownership ~a ~h~ STATE. (3.2) I~ ex~s~~ng public and private utilities confl~ct with the con5truc~tian o~ the PROJECT, STATE wi.11 make a].1 necessary ~ arrangements wi~h the awners o~ such uti~it~.~s ~or ~hei~ remova~. or re~.ocation. STATE w~.l~. inspect ~he remaval or reloca~ifln o~ suck~ t~t~Ziti~s. If th~~re are no existing ~rov~sians for removal or reloca- ~ion o€ util3~ies between COUNTY and/or STATE anc~ the own~rs of the utilities, STATE and COUNTY wi~~. share in the cast of removal or reloca~~on :Ln the ~mount of 50% STATE and 50% CQUNTY. -5- ~ (13) The cosr o£ any eng~neering or m~intenanc~ re~erred to hexein shall includ~ all direc~ an~ 3ndirect costs (~unctfona~ and ~d~~n~strative overhead assessment} atC~ibu~able Co such work, applied in accordance w~th STATE's standard account~ng procedurea. Howev~~, STATE's sh~re ~s accounted for ~n a sta~ewide account and is no~ shown separately on each pro~ect's cost bx~akdown. STATE OF CALiFORNIA C~UNTY OF BUTTE DeparGmen~ af Transpor~a~lan ATIRIANA GIANTURCO By Directior a~ Transportation irman, oar o u~eA~v_gox~~ 11 ~ • .~ ~( _c_. A~ t e 8 ~ . _ ~ . ~~~.... r ct recCor er o~ e o~r o Superv#.sors _6_ ~