HomeMy WebLinkAbout93-137RESOLUTION AUTHORIZING EXECUTION OF COUNTY-STATE
AGREEMENT NO. 066
STATE MATCH/EXCHANGE FUND PROJECT
PROJECT NO. SM-5912(001}
BE Tf RESOLVED by the Board of Supervisors of the County of Butte, State
of California, as follows:
1. That said County approve County-State Agreement No. 066 and the Chair
of the Board be authorized to execute said Agreement on behalf of said County.
County-State Agreement No. 066 provides for Exchange funds and excess State
Matching monies from the State Highway Account apportioned to the County pursuant
to Section 2208 of the Streets and Highways Code, to be used for the project of the
resurfacing with asphalt concrete of various Butte County roads.
2. That the Clerk of this Board be authorized to attach a certified copy of this
Resolution to County-State Agreement No. 066.
PASSED AND ADOPTED by the Board of Supervisors of the County of Butte,
State of California, this 14th day of s ep t , ~ 9 ~ 3 , by the following vote:
AYES: Supervisors Meyer, Dolan, McLaughlin, Thomas and Chair Houx
NOES: None
ABSENT: None
NOT VOTING: None i
~ ~
CHAIR, oard of Supervisors
County of Butte, State of California
ATTEST: JOHN S. BLACKLOCK, Chief Administrative
Officer and Cl of the Board
By:
Clerk/Deputy
~--~ _.aa-__~ _ ~ _ ~__.~ .-.~ _~~-, G-~OUN'I`' _ ~TATE,~CRFEM~T+i!F =STD . -~066a-,.... ,. ...~... .~_ ._ _ .r..... _~ . _:.... _ .._:__ _ ..,,:_
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STATE MATCH/EXCHANGE FUND PROJECT
3 BUTTE
District County
PROJECT NUMBER SM-5912.(001}
Various Butte County Roads
THIS AGREEMENT, made in duplicate•this~.~2.~r~day of yep->~,
1993, by and between the COUNTY OF BUTTE,
a political subdivision of the State of California, hereinafter
referred to as 'COUNTY', and the State of California, acting by and
through the Department of Transportation, hereinafter referred to
as 'STATE'.
WITNESSETH
WHEREAS, as provided by Sections 2209 and 2210 of the Streets
and Highways Code, Exchange funds and excess State Matching monies from
the State Highway Account apportioned to COUNTY pursuant to
Section 2208, may be used for any highway construction purpose
selected by County and described in Exhibit 'A' attached hereto
and thereby made a part of this agreement and
WHEREAS, STATE is required to enter into an. agreement with
COUNTY relative to prosecution of the said project and maintenance
of the completed work.
NOW, THERFORE, the parties agree as follows:
ARTICLE 1 - Contract Administration
1. The project or projects described in Exhibit 'A'',
hereinafter referred to as 'THE PROJECT' shall be constructed as
provided in this agreement.
i hereby Certify upon my personal kneuledge that budgeted funds are available for this encumbrance:
Accounting Officer
Date
$ 385063.00
Chapter StatuCea ~ Item ~ Year ~ Program ~BC~ Fund Source ~ AHDUNT
55 1993 2bb0-125-042 43-91. 20.30.Ot0.100 N 277000 042-T 3850b3.00
Page 1 of 7
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otherwise provided ~n the special covenants.
3. The estimated cast of THE PROJECT is as shown in Exhibit
"A". A contract for an amount in excess of said estimate may be
awarded and project expenditures may exceed said estimate if both
STATE and COUNTY concur in the amount of and the necessity far the
excess and sufficient money is available to finance same.
4. Administration of THE PROJECT:
(a} If COUNTY is to administer THE PROJECT, STATE shall
pay the cast of the eligible participating costs within
twenty {20} working days of COUNTY'S submittal of
acceptable monthly progress pay estimates for
expenditures on an awarded contract.
(b) Yf THE PROJECT is a cooperative project and includes
work on a State highway, THE PROJECT shall be the subject
of a separate cooperative agreement between the STATE and
the COUNTY.
5. The Legislature of the State of California and the
Gavernor of the State of California, each within their respective
jurisdictions, have prescribed certain employment practices with
respect to contract and other work financed with State funds.
COUNTY shall ensure that work performed under this agreement is
done in conformance with the rules and regulations embodying such
requirements where they are applicable,
6. After completian of all work under this agreement and
after all casts are known, any unused COUNTY money shall be
refunded. COUNTY monies deposited far preliminary engineering,
construction engineering, and contract work shall be considered
to be interchangeable, and shortages of COUNTY money in one such
category may be made up from unused COUNTY money in another
category, When the amount of unused COUNTY money is substantial
and there is an unusual delay in determining final costs, STATE
shall, upon request, make an interim refund of the funds known to
be in excess.
7. When THE PROJECT includes work to be performed by a railroad,
the contract for such work shall be entered into by COUNTY or
STATE, at COUNTY'S option. A contract entered into by COUNTY
for such work must have the prior approval of STATE. In either
event, COUNTY shall .enter into an agreement with the railroad
providing for maintenance of the protective devices or other
facilities installed under the service contract. At the
request of COUNTY, STATE shall make direct payment of project
funds to a railroad for work performed under a contract between
COUNTY and the railroad.
Page 2 of 7
1. Such right-of--way as are necessary for the construction
of THE PROJECT shall be acquired by COUNTY, and no contract for
construction of THE PROJECT or any portion thereof shall be
awarded until the necessary right-of-way have been secured.
Prior to the advertising of THE PROJECT, COUNTY shall furnish
STATE with evidence that necessary right-of-way are available for
construction purposes or will be available by the time bids are
opened.
2. The furnishing of right-of-way as provided for herein
includes (a) all real property required for THE PROJECT free and
clear of obstructions and encumbrances, and (b) the payment of
damages to real property not actually taken but injuriously
affected by the proposed improvement. COUNTY shall pay from its
own funds all costs which arise out of delays to the contractor
because utility facilities have not been removed or relocated, or
because right-of-way have not been made available to the
contractor for the orderly prosecution of the work.
3. Whether or not Exchange or Excess State Matching funds
are to be used for right-of-way, should COUNTY, in acquiring
right-of-way for THE PROJECT, displace an individual, family,
business, farm operation, or nonprofit organization, relocation
payments and services shall be provided as required by California
Government Code, Section 7260-7274.
ARTICLE III - Engineering
1. "Preliminary engineering" as used herein includes all
preliminary work related to THE PROJECT, including but not
restricted to preliminary surveys and reports, laboratory work,
soil investigations, preparation of plans, designs, and
advertising. "Construction. Engineering" as used herein includes
actual inspection and supervision of construction work,
construction staking, laboratory and field testing; preparation
and processing of field reports and records, estimates, final
reports, and allowable expenses of employees engaged in such
activities.
2. Preliminary and construction engineering casts included
in the estimate contained in Exhibit A {or any approved
modification as provided in Article 1, Section 3 of this
Agreement) may be financed with project funds. The remainder of
such costs shall be financed by COUNTY without reimbursement.
When preliminary engineering or construction engineering costs
incurred by COUNTY are to be financed with project funds, STATE
shall reimburse COUNTY for services performed an the basis of
the actual cost thereof to COUNTY, including compensation and
expense of personnel working on THE PROJECT, required materials,
and automotive expense provided; however, that COUNTY shall
contribute its general administrative and overhead expense.
Payments far such services shall be made by STATE upon receipt
Page 3 of 7
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such detail as may _.~ prescribed by STATE. .
3. Unless the parties shall otherwise agree in writing,
COUNTY'S employees shall perform all engineering work. When
preliminary or construction engineering is performed by STATE,
charges therefore shall include an assessment on direct labor
costs in acordance with Section 8755.1 of State Administrative
Manual. The portion of such charges nat financed with State
supplied matching funds shall be paid from funds of COUNTY.
ARTICLE IV - Miscellaneous Provisions
1. The cast of 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.
2. (a) Neither STATE nor any officer or employee thereof
shall be reponsible 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 understood and agreed that,
pursuant to Government Code Section 895.4, COUNTY shall
fully indemnify and hald STATE harmless from any
liability imposed far injury (as defined by Government
Code Section 810.8) 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.
(b) Neither COUNTY nor any officer or employee thereof,
shall be reponsible for any damage or liability
occurring by reason of anything done. or omitted to be
done by STATE under or in connection with any work,
authority, or jurisdiction delegated to STATE 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 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 delegated to
STATE under agreement.
3. Auditors of
and records for the
by STATE hereunder.
inspection by author
project development
final payment under
completed or waived
STATE shall be given access to COUNTY'S books
purpose of checking costs paid or to be paid
All project documents will be available for
rized state personnel at any time during
and for a three--year period from date of
the contract or one year after the Audit is
by the STATE, whichever is longer.
Page 4 of 7
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Utility facilities (as defined in FHPM 144) may be
accommodated on the right-of-way provided such use and occupancy
of the highway right-of-way does not interfere with the free and
safe flow of traffic or otherwise impair the highway or its
scenic appearance; 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 OWNER. The Use and Occupancy Agreement setting forth the
terms under which the utility facility is to cross or otherwise occupy
the highway right-of-way must include the provisions set forth in
Section 12 of LOCAL PROGRAMS MANUAL published by the STATE, unless
otherwise approved by the STATE.
Page 5 of 7
ARTICLE VT - Condition of Acceptance
As a condition of acceptance of the State Exchange and
State Matching Funds provided for this project, COUNTY will
abide by the State policies and procedures pertaining to the
Exchange Dollar Programs as set forth in Section 19 of the
Local Programs Manual.
TN WITNESS WHEREOF, the parties have executed this agreement
by their duly authorized officers.
STATE OF CALIFORNIA
Department of Transportation
District 3
By - - - -- ~-._.
~ti:District Director o
Date `~ / 2. Z.l `~ 3
Approval. Recommended:
Local As t ce Engineer
ansportation
COUNTY OF BUTTE;
C
By
Chairm , Bo rd o Superv sors
S P14~993
ATTEST:
Jerk, Board of Superva~sors
Page 6 of 7
EXHIBIT A 03-BUT-O-CR
SM-5912 {OOZ)
Agree. No.066
03-924473
ARTICLE VII - Project Location and Description of Work Proposed:
Location: Varzous Butte County Roads
Net Length: 6.7 FIELD REVIEW DATE: 06/Z7/93
Description of Work: Resurfacing with asphalt concrete
ARTICLE VIII - Proposed Project Funding:
Total Cost EX-DOLLARS SMF FUNDS County Funds
$ 465,500 $ 0 $ 3$5,063 $ 80,437
ARTICLE IX - Special Covenants or Remarks:
1. In awarding or agreeing to award the contract, the County agrees
the payment of Exchange or State Matching Funds will. be limited
to the Finance Letter prepared by Caltrans Local Streets and
Roads Engineer and accepts any increase in County funds.
2. The County will advertise, award, and administer this project
with the approval. of the State .
3. A11 work performed on this project subsequent to the field review
date will be eligible for reimbursement.
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