HomeMy WebLinkAbout87-290•*' . ~
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BOARD OF SUPERVISORS
COUNTY OF BUTTE, STATE OF CALIFQRNIA
Resolution No. 87--290
RESOLUTION AUTHORIZING EXECUTION OF COUNTY-STATE COOPERATIVE AGREEMENT
(District Agreement No. 03E082)
BE IT RESOLVED by the Board of Supervisors of the County of Butte, State
of California, as follows:
1. That said County approves County-State Cooperative Agreement (District
Agreement No. 03E082) for the Garner Lane at State Highway 99 Traffic Signals and
Lighting and the Chair of the 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 County-State Cooperative Agreement {District Agreement No. 03E082).
PASSED AND ADOPTED by the. Board of Supervisors of the County of Butte,
State of California, this 15th day of December , 1987, by
the following vote:
AYES: Supervisors Fulton, McInturf, McLaughlin, Vercruse and Chair Dolan
NOES: None
ABSENT: None
NOT VOTING: Nane
Board of ~5"upervisors ~
of Butte, State of Calif
ATTEST:
Martin J. N' hols, Chief Administrative
Officer a lerk of the Board
By
Clerk/Deputy
•....
f - .
c
03-But~99-T37.765
03357 - 3I920I
Garner Lane
District Agreement No. 03E082
COOPERATIVE AGREEMENT
THIS AGREEMENT, ENTERED INTO ON is between the STATE OF
CALIFORNIA, acting by and through its Department of Transportation, referred to
herein as "STATE", and
COUNTY OF BUTTE, a politica]
subdivision of the State of California, referred to
herein as "COUNTY"
RECITALS
(X} STATE and COUNTY contemplate installing a traffic control signal and
safety lighting {and performing roadwork} at the intersection of Garner Lane with
State Highway Route (99}, referred to herein as "PROJECT", and desire to specify the
`~
• terms and conditions under which PROJECT is to be engineered, constructed, financed,
and maintained.
(2) It is anticipated that Federal-aid ONES) funds will be allocated far
financing 90% of the construction, construction engineering, casts which are
eligible for Federal-aid participation, and STATE and COIfNTY will bear the remainder
of the costs as set forth herein.
5ECT
STATE AGREES:
~1) To provide all necessary preliminary engineering, including plans and
specifications, and all necessary construction engineering services for the PROJECT
and to bear 5TATE`s share of the expense thereof, as shown on Exhibit A attached and
made a part of this Agreement.
~2) To construct the PROJECT by contract in accordance with the plans
and specifications of STATE.
(3) To pay an amount equal to 5% of signal and lighting related
construction costs, 100% preliminary engineering costs, for entire PROJECT, (and
STATE's share of roadwork construction costs) as shown on Exhibit A. In no event
shall STATE`s total obligation for construction costs under this Agreement,
excluding costs referred to in Section III, Article (9), exceed the amount of
$29,578 {construction estimate of $25,720 per Exhibit A plus 15% per SECTION III.
Article ~5)~, provided that STATE may, at its sole discretion, in writing, authorize
a greater amount.
~,.
(4) Upon completion of PROJECT and all work incidental thereto, to
furnish COUNTY, with a detailed statement of the portion of the engineering and
construction costs to be borne by COUNTY, including resolution of any claims which
may be filed by STATE's contractor, and to refund to COUNTY promptly after
completion of STATE's audit any amount of COUNTY'S deposits} required in Section
II, Article (1} remaining after actual costs to be borne by COUNTY have been
deducted, or to bill COUNTY-for any additional amount required to complete COUNTY'S
financial obligations pursuant to this Agreement.
(5) To maintain the entire traffic control signal and safety lighting as
installed and pay an amount equal to SO% of the total maintenance casts including
electrical energy costs.
(6) Ta operate the traffic control signal as installed and pay I00 ~ of
the operation cost.
(7} Ta furnish the traffic signal control equipment for PROJECT. This
equipment shall consist of signal controller unit and signal control cabinet. The
estimated cost of this equipment is $7,300 and this amount is included in the
construction costs,
i
SECTION II
QOUNTY AGREES:
{1} Ta deposit with STATE within Z5 days of receipt of billing therefor
(which billing will be forwarded immediately following STATE's bid advertising date
of a construction contract for PROJECT), the amount of $8,637, which figure
represents COUNTY's estimated share of the expense of preliminary engineering,
construction engineering, and construction costs required to complete the AROJECT,
as shown on Exhibit A. COIfNTY's total obligation for said anticipated project
costs, exclusive of claims and excluding costs referred to in Section III, Article
(9}, under this Agreement shall not exceed the amount of $9,933 (8,637 plus 15~};
provided that COUNTY may, at its sale discretion, in writing, authorize a greater
amount.
{2} COUNTY`s share of the construction cast {estimated to be $4,80),
shall be an amount equal to 5~ of the total actual signal .and lighting related
construction costs plus including the cost of claims, the cost of STATE defense of
any claims, if any, as determined after completion of work and upon final accounting
of costs.
(3} COUNTY's share of the expense of preliminary engineering shall be an
amount equal to 0~ of COUNTY'S share of the actual final construction cast as shown
on Exhibit A.
{4} COUNTY'S share of the expense of construction engineering sha11 be an
amount equal to I4% of COUNTY'S share of the total actual signal and lighting
related actual construction cost, calculated prior to any Federal-aid payment;
however, {CITY`S/COtlNTY's) cost will then be reduced by COUNTY's share of Federal
-aid payment.
(5) To pay STATE upon completion of all work and within 20 days of
receipt of a detailed statement made upon final accounting of costs therefor, any
amount over and above the aforesaid advance deposit required to complete COUNTY's
financial obligation pursuant to this .agreement.
(6) To reimburse STATE for COUNTY's proportionate share of the cost of
maintenance of said traffic control signal and safety lighting, such share to be an
amount equal to 50% of the total maintenance costs. including electrical energy
costs.
SECTION III
IT IS MUTUALLY AGREEQ AS FOLLOWS:
(1} All obligations of STATE under the terms of this Agreement are
subject to the appropriation of resources by the Legislature and the allocation of
resources by the California Transportation Commission.
{2) STATE shall not award a contract for the word until after receipt of
GOUNTY's deposit required in Section II, Article (I}.
{3} Should any portion of the•PROJECT be financed with Federal funds or
State gas tax funds all applicable procedures and policies relating to the use of
such funds shall apply notwithstanding other provisions of this Agreement.
(4) After opening of bids COUNTY'S estimate of cost will be revised
based on actual bid prices. CQUNTY's required deposit-under section Ii, Article
(1} above will be increased or decreased to match said revised estimate. If deposit
increase or decrease is less than $1,000 no refund or demand for additional deposit
will be made until final accounting.
(5) After opening bids for the PROJECT and if bids indicate a cost
overrun of no more than I5~ of the estimate will occur, STATE may award the
contract.
(6} If, upon opening of bids, it is found that a cost overrun exceeding
~5~ of the estimate will occur, STATE and COUNTY shall endeavor to agree upon an
alternative course of action. If, after 30 days, an alternative course of action is
not agreed upon, this Agreement shall be deemed to be terminated by mutual consent
pursuant to Article (8) of this Section III,
(7) Prior to award of the construction contract for the PROJECT,. COUNTY
may terminate this Agreement by written notice, provided that COUNTY pays STATE for
all costs incurred by STATE..
(8) If termination of this Agreement is by mutual consent, STATE will
bear 50~ and COUNTY will bear 50~ of all casts incurred prior to termination, except
that any utility relocation costs shall be prorated in accordance with
STATE'S/COUNTY'S responsibility for utility relocation costs.
(9) If existing public and/or private utilities conflict with the
construction of the PROJECT, STATE will make all necessary arrangements with the
owners of such utilities for their protection, relocation or removal. STATE wi71
inspect the protection, relocation or removal, which if there are casts•of such
protection, relocation or removal which the STATE and COUNTY must legally pay, STATE
and COUNTY will share in the cost of said protection, relocation or removal, plus
cost of engineering overhead and inspection, in the amount of 50~ STATE and 50~
COUNTY. Required protection, relocation or removal of utilities shall be performed
in accordance with~STATE policy and procedure.
(10) Upon completion of all work under this Agreement, ownership and
title to all signal, materials, equipment and appurtenances installed will
automatically be vested in the STATE and no further agreement will be necessary to
transfer ownership to the STATE.
(11) The cost of any engineering or maintenance referred to herein shall
include all direct and indirect costs (functional and administrative overhead
assessment) attributable to such .work, applied in accordance with STATE's standard
accounting procedures.
(I2) Neither STATE nor any officer or employee thereof shall be
responsible for any damage or liability occurring by reason of anything done or~
omitted to be done by COUNTY under or in connection with any work, authority or
jurisdiction delegated to COUNTY under this Agreement. It is also agreed that,
pursuant to Government Code Section 895.4 COUNTY shall fully indemnify and hold
'STATE harmless from any liability imposed for injury {as define by Government Code
Section 8ID.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 to COUNTY
under this Agreement.
{13) Neither COUNTY nor any officer or employee thereof shall be
responsible far any damage ar liability occurring by reason of anything done or
omitted to be done by STATE under or in connection with any work, authority or
jurisdiction not delegated to COUNTY under this Agreement. It is also agreed that,
pursuant to Government Code Section 895.4 STATE shall fully indemnify and hold
COUNTY harmless from any liability imposed for injury {as defined by Government Code
Section 810.8} occurring by reason of anything done or omitted to be done by STATE
under or in connection with any work, authority or jurisdiction not delegated to
COUNTY under this Agreement. "
_ (14} That, in the construction of said work, STATE will furnish a
representative to perform the functions of a Resident Engineer, and COUNTY may, at
no cost to STATE, furnish a representative, if it se desires, and that said
representative and Resident Engineer will cooperate and consult with each other, but
the decisions of STATE's engineer shall prevail.
{15) That execution of this Agreement by COUNTY grants to STATE the right
to enter upon COUNTY owned lands to construct the RROJECT referred to herein.
{16) The costs referred to herein cover only "State-matching funds
allocated by streets and highways code section 2210" based on the assumption that
Federal-aid (HES} Funds will be allocated for financing approximately 90~ of the
costs as shown on Exhibit A. In the event that Federal-Aid participation is not
secured, this Agreement may be terminated by either party at any time prior to the
award of a construction contract, or alternatively, each party's participation may
be renegotiated to "make up" for the loss of Federal funds.
(17) That this Agreement sha]1 terminate upon completion and acceptance
of the PRO~IECT construction contract by STATE or on June 30, 1989, whichever is
earlier in time; however, the ownership and maintenance clauses shat] remain in
effect until terminated, ~in writing, by m~itual agreement. Should any c]aim arising
out of this project be asserted against STATE, COUNTY agrees to extend the
termination date of this Agreement and provide additional funding as required to
cover COUNTY's proportionate share of costs ar execute a subsequent agreement to
cover those eventualities.
STATE OF CALIFORNIA
Department of Transportation
COUNTY OF
LEO J. TROMBATOR~
Director of Transportation
By
Djstr7ct erector
BY
~-~nai an, ~~oara or -~-__
Super isors) (~z~^. ~ 5 1~~7
.~ ,~~"lf4 J. 1~ICHOLS
-~~ CL~~;~ ! ; a~: E r,l•~7 0~ SUI'~f;V1SORS
Attest: Deputy
(Cler Bvard of
Supervisors)
Approved as to form and procedure
Attorney, epartment o ransportation
Certified as to funds and procedure
n "~ n~~7r~ AS'~0 ~~R~ M, ~ "'f;
1 uz t_~~ C~us, ;f GOElra^G~
n
. ~• .:.~..:.:.~ ~._..._.1M~
istr~ct ccounting icer
~ppri7ovEa as to Fiscal
c~i1~ UL'G;l~B~2.f~ CC1 i7 tie
~ hwY'~SC!'}S ~:ti:li~::n: f~
03-But-99-T37,765
03357 - 319200
District Agree. No. 03E082
EXHIBIT A
Estimate of Cost
Total Est. Count 's Share State's Share
Description Cost Y ES) ~A'1'~~HES)
Construction Cost
Signals 89,600 4,480 40,320 4,480 40,320
Roadwork 212,400 0 0 21,240 191,160
Subtotal 302,0 0 ~8~~ ~~~ ;~7~~ ,
Engr Cost - Signals
P.E. - (Direct Cost} 5,107
5.7 ~ Const. Gost
P.E. - (O.fi. Cost) 2,061
2.3 ~ Const. Cost
C.E. - (Direct Cost) 9,318
10.4 ~ Const. Cost
0 0 5,107 0
0 0 ~ 2,061 0
-931 8,387 0 0
C. E. (OH Cost)
3.6 ~ Coust Gost 3,225 3,22& * 0
Subtotal ~'T3,'7'i~""""' ~~ ~~'1r ~~"' ~~
Engr Cost - Roadway
P.E. - (Direct Cost)
5.7 ~ Connt cost 12,107 a o 12,107 0
P.E. (O.~i. Cost)
2.3 ~ Count Cost 4,885 0
C. E. (Direct Cost)
10.4 ~ Connt Cost 22,090 0 0
C. E. (O.H. Cost}
4,885
2,209 19,881
3.6 ~ Connt Cost) 7,646 0 * 7,646
Subtotal ~ ;T~'$- ~~" ~~ X847 19,881
Total Project (Excl.
Eng, cost for 321,712 8,637 48,J07 32,8$8 231,480
roadwork)
Total Project (Incl.
Eng. cost for 368,440 8,637
roadwork}
HES Funds 90~
* Non-Federal participating
48,707 59,735 25].,361
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