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HomeMy WebLinkAbout94-010>t~w't +- -~ 1 ,~ { u 3 ~ ;~tNI~ t e .~ , t, ~esalufion X10. 94-Io RESOLUTION AUTHORIZING EXECUTION OF COOPERATIVE AGREEMENT (DISTRICT AGREEMENT NO. 03-94-01.2) FOR INSTALLATION OF TRAFFIC CONTROL SIGNALS AT THE INTERSECTION OF STATE HIGHWAY 99 AND EAST BIGCS ROAD (B STREETiBIGGS EAST HIGHWAY) BE IT RESOLVED by the Board of Supervisors of the County of Butte, State of California, as follows: I. That said County approves Cooperative Agreement (District Agreement No. 03-94-012) for Installation of Traftic Control Signals at the Intersection of State Highway 99 and East $iggs Road ($ StreetBiggs East Highway) in Butte County and the Chairman of the Board be authorized to execute said Cooperative Agreement on behalf of said County. Agreement. Z. That Clerk of this Board be authorized to attach certified copy of this Resolution to the Cooperative PASSED AND ADOPTED BY THE Butte County Board of Supervisors this Z~lay of January 1994 by the following vote: AYES: Supervisors Meyer, Dolan, Houx, Thomas and Chair McLaughlin NOES: None ABSENT: None .~ NOT VOTING: None ~ ~ - NN ~ CHAIRMAN, Board of~ pervisors County of Butte, State of California ATTEST: JOHN S. BLACKLOCK, Chief Administrative Officer and Clerk of the Board of Supervisors By: ~ - ~--~ --- ClerklDeputy 03-But-99-7.7 03375-389101 East Biggs Road Butte County Dist. Agrmt. No. 03-94-012 COOPERATIVE AGREEMENT This AGREEMENT, entered into on January 25 199 4 is between the STATE OF CALIFORNIA, acting b}' and through its Department of Transportation, referred to herein as STATE, and COUNTY OF BUTTE, a body politic and municipal corporation of the State of California, referred to herein as COUNTY RECITALS 1. STATE and COUNTY, pursuant to Streets and Highways Code Sections 114 and 130, are authorized to enter into a Cooperative Agreement for improvements to State highways within GOUNTY. 2. STATE and COUNTY contemplate installing a traffic control signal and safety lighting and performing roadwork on Route 99 at East Biggs Road, referred to herein as "PROJECT", and desire to specify the terms and conditions under which PROJECT is to be engineered, constructed, financed, and maintained. 3. It is anticipated that Federal-aid funds will be allocated for financing 1001 of the PROJECT costs which are eligible for Federal-aid participation, and STATE and COUNTY will bear the remainder of the costs as set forth herein. SECTION I STATE AGREES: 1. To provide all necessary preliminary engineering, including plans and specifications and utility identification and location, and all necessary construction engineering services for PROJECT, and bear STATE's share of the actual expense thereof. Estimates of such costs are shown on Exhibit A, attached and made a part of this Agreement. 2. To construct PROJECT by contract in accordance with plans and specifications of STATE. Q ~~, ~=~ 1 District Agreement No. 03-94-012 3. To pay an amount equal to 50% of the actual signal and lighting related construction cost and STATE's share of the actual roadwork construction cost, estimated to be $80,000. In no event shall STATE`s total obligation for construction costs under this Agreement, excluding costs referred to in Section III, Article (7), exceed the amount of $100,000, 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 construction-related claims which have been allowed to the construction contractor. 5. To maintain the traffic control signal and safety lighting as installed and pay an amount equal to 50% of the total maintenance costs, including electrical energy costs. 6. To operate the traffic control signal as installed and pay one hundred percent (100%} of the operation cost. 7. To 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 STATE-furnished equipment is $8,000, and the actual cost to STATE shall be deducted from STATE's share of the PROJECT costs. 8. To pay the entire expense of both preliminary and construction engineering except any portion reimbursed as Federal-aid payments. Any Federal-aid received will be allocated 501 against funds available to STATE and 50% against funds available to COUNTY. SECTION II COUNTY AGREES: 1. COUNTY'S share of the construction cost (estimated to be $60,000), shall be an amount equal to 50% of the total actual signal and lighting related construction costs plus COUNTY'S share of the actual roadwork construction costs, including the cost of construction-related claims, the cost of STATE defense of any of those claims, and the cost of STATE-furnished material, if any, as determined after completion of work and upon final accounting of costs. 2. To reimburse STATE for COUNTY'S proportionate share of the cost of maintenance of traffic control signal and safety lighting, such share to be an amount equal to 50% of the total maintenance costs, including electrical energy costs. 2 District Agreement No. 03-94-012 SECTION III IT IS vIUTUALLY AGREED: 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. Should any portion of PROJECT be financed with Federal funds or State gas tax funds, all applicable laws, regulations and policies relating to the use of such funds shall apply, notwithstanding other provisions of this Agreement. 3. After opening bids for construction of PROJECT, and if bids indicate a cost overrun of no more than 15% of the estimate will occur, STATE may award the contract. 4. If, upon opening of bids, it is found that a cost overrun exceeding 15% of the estimate will occur, STATE and COUNTY shall endeavor to agree upon an alternative course of action. If, after twenty-five (25) days, an alternative course of action is not agreed upon, this Agreement shall be deemed to be terminated by mutual consent pursuant to Article (6) of this Section III. 5. Prior to award of the construction contract for PROJECT, COUNTY may terminate this Agreement by written notice, provided COUNTY pays STATE for all PROJECT-related costs incurred by STATE prior to termination. 6. If termination of this Agreement is by mutual consent, STATE will bear 50I and COUNTY will bear 50% of all PROJECT-related costs incurred by STATE prior to termination, except that any utility relocation costs shall be prorated in accordance with STATE's/COUNTY's responsibility for utility relocation costs. 7. If existing public and/or private utility facilities conflict with PROJECT construction or violate STATE`s encroachment policy, STATE shall make all necessary arrangements with the owners of such facilities for their protection, relocation or removal. STATE shall inspect the protection, relocation or removal. If there are costs of such protection, relocation or removal which STATE and COUNTY must legally pay, STATE and COUNTY shall 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. If any protection, relocation, or removal of utilities is required, such work shall be performed in accordance with STATE's policy and procedure for those facilities located within the limits of work providing for the improvement to the State highway and in accordance with GOUNTY policy 3 District Agreement No. 03-94-012 for those facilities outside of the limits of work providing for the improvement to the State highway. 8. Upon completion of all work under this Agreement, ownership and title to materials, equipment and appurtenances installed within STATE's right of way will automatically be vested in STATE, and materials, equipment and appurtenances installed outside of STATE's right of way will automatically be vested in COUNTY. No further agreement will be necessary to transfer ownership as hereinabove stated. 9. The cost of any engineering or maintenance referred to herein in this Agreement 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. 10. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affect the legal liability of either party to the Agreement by imposing any standard of care with respect to the maintenance of State highways different from the standard of care imposed by law. 11. Neither STATE nor any officer or employee thereof is 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 understood and agreed that, pursuant to Government Code Section 895.4, COUNTY shall fully defend, indemnify and save harmless the State of California, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in 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. 12. Neither COUNTY nor any officer or employee thereof is responsible 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 understood and agreed that, pursuant to Government Code Section 895.4, STATE shall fully defend, indemnify and save harmless COUNTY from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in 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 this Agreement. 13. 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 so desires, and said representative and Resident Engineer will cooperate and consult with 4 District Agreement No. 03-94-012 each other, but the decisions of STATE's Resident Engineer shall prevail. 14. Execution of this Agreement by COUNTY grants to STATE the right to enter upon COUNTY-owned lands to construct PROJECT. 15. Those portions of this Agreement pertaining to the construction of PROJECT shall terminate upon completion and acceptance of the construction contract for PROJECT by STATE, or on December 31, 1995, whichever is earlier in time; however, the ownership, operation, maintenance, liability, and claims clauses shall remain in effect until terminated or modified, in writing, by mutual agreement. Should any construction related claim arising out of 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 or execute a subsequent Agreement to cover those eventualities. STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION JAMES W. VAN LOBEN SELS Director of Transportat By: D,i~strict 'Direct/or Apppz ved as to F rm and Procedure: ~/ ~-- ~- Attorne Departm nt of Tr sportation Certified as to-funds and procedure r t. ! t ,... ~. <. r ~_ ~ r District Accounting Administrato~r,,~ F i~~' COUNTY OF BUTTE ~~ ' ~ ~ BY r~ ~°r~~, ,, J) B , ,r.. .A Chairman, `i ~ ~,tia Board of Supervisors i~ 1 Attest: ~~~ ~-~~ ~~ ~< ~- Clerk of the Board of Supervisors ~ , ~ .- ,-.. ..a. ~ . ~~~3%~ 5 03375-:s .,, 101 03-But-99-7.7 East Biggs Road Butte County Dist. Agrmt. No. 03-94-012 EXHIBIT A ESTIMATE OF GOST Total Cost HES Funds COUNTY's STATE's Description Estimate (100%) Share Share Construction Cost Signals $ 120,000 $ 120,000 $ 0 $ 0 Roadwork $ 20.000 $ 20.000 $ 0 $ 0 Subtotal $ 140,000 $ 140,000 $ 0 $ Engineering Cost Prelim. Engrg. @ 17% of Constr. Cost $ 23,800 $ 0 $ 0 $ 23,800 Constr. Engrg. @ l4% of Constr. Cost $ 19,600 $ 0~~ $ 0 $ 19.600%- Total Project Cost (Incl. Engr. Cost) $ 183,400 $ 140,000 $ 0 $ 43,400 >> It is anticipated that 100% of construction engineering cost may be eligible for Federal-aid fund reimbursement. (Refer to Section I, Article 8 of this Cooperative Agreement.} 6