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HomeMy WebLinkAbout94-056BOARD OF SUPERVISORS COUNTY OF BUTTE, STATE OF CALIFORNIA ~i~~so~ufiorl ~~''o, 94-56 RESOLIITION AUTHORIZING EXECUTION OF COOPERATIVE AGREEMENT (DISTRICT AGREEMENT NO. 03-94-032) FOR INSTALLATION OF TRAFFIC CONTROL SIGNALS AT THE INTERSECTION OF STATE HIGHWAY 32 AND EAST AVENUE] NORTH LINDO AVENUE BE IT RESOLVED by the Board of Supervisors of the County of Butte, State of California, as follows: 1. That said County approves Cooperative Agreement (District Agreement No. 03-94-032) for Installation of Traffic Control Signals at the Intersection of State Highway 32 and East AvenuejNorth Lindo Avenue in Butte County, which supersedes previous Cooperative Agreement executed January 28, 1992 (District Agreement No. 0392302), and the Chair of the Board be authorized to execute said Cooperative Agreement on behalf of said County. 2. That Clerk of this Board be authorized to attach certified copy of this Resolution to the Cooperative Agreement. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, this 10th day of May 1994 by the following vote: AYES: Supervisors Dolan, Houx, Thomas and Chair McLaughlin NOES : None ABSENT: None NOT VOTING: None ~ i l.l,'.~' 'l,'t.t., Chair, Board Supervisors County of Butte, State of California ATTEST: John S. Blacklock, Chief Administrative Officer and Clerk of the Board `, By ^~v __. ~ .,,_. ; Clerk/Deputy 03-But-32-6.2 03358-374520 At East Avenue/ North Lindo Avenue Dist. Agrmt. No. 03-94-432 COOPERATIVE AGREEMENT This AGREEMENT, entered into on May 10 1994, is between the STATE OF CALIFORNIA, acting by 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 Cade Sections 1 14 and 130 are authorized to enter into a Cooperative Agreement for improvements to State highways within COUNTY. 2. STATE and COUNTY contemplate installing traffic control signals and safety lighting and performing roadwork at and near the intersection of East Avenue/North Lindo Avenue with State Highway Route 32, referred to herein as "PROJECT", and desire to specify the terms and conditions under which PROJECT is to be engineered, constructed, financed, operated and maintained. 3. The 1990 State Transportation Improvement Program (hereinafter STIP) adopted by the California Transportation Commission (hereinafter CTC) includes, on the recommendation of the Butte County Association of Governments, Project 1 R. Project 1 R consists of constructing traffic signals at various locations in and near the City of Chico. PROJECT is one of the locations included in Project 1 R. Project 1 R is programmed in the 1990 STIP for funding in the 1995/96 fiscal year. 4. COUNTY desires that PROJECT be constructed as soon as feasible. 5. California Government Code Section 14529.7 authorizes STATE to enter into an agreement with COUNTY providing for COUNTY to fund a STIP project at a date earlier than the fiscal year in which funding is programmed, and for COUNTY to be reimbursed during the subsequent fiscal year in which funding is programmed in the STIP. District Agreement No. 03-94-o3Z 6. STATE and COUNTY entered into a COOPERATIVE AGREEMENT {District Agreement No. 0392302, Document No. 8034) on January 28, 1992, regarding PROJECT and now desire to terminate said Agreement by superseding it in its entirety with this Agreement. SECTION I COUNTY 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 to bear COUNTY'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 acquire and furnish the necessary rights of way, if any, required outside of the State highway rights of way and, initially, to bear all actual costs thereof. 3. To identify and locate all high and low risk underground facilities within the PROJECT area and to protect or otherwise provide for such facilities, all in accordance with STATE's "Manual on Hiqh and Low Risk Underground Facilities Within Highway Rights of Wav". COUNTY hereby acknowledges the receipt of STATE`s "Manual on Hiqh and Low Risk Underground Facilities Within Highway Rights of Wav". 4. To apply for necessary encroachment permits for required work within State highway rights of way, in accordance with STATE's standard permit procedures. 5. PROJECT will be advertised, awarded, and administered in accordance with STATE's current Local Programs Manual, Volume II. 6. To construct PROJECT in accordance with plans and specifications of COUNTY to the satisfaction of and subject to the approval of STATE. 7. To obtain STATE's approval for all contract change orders prior to issuing said change orders to COUNTY's contractor. 8. To pay an amount equal to 13.1 °lo of the actual roadwork-related construction cost, estimated to be 550,000. In no event shall COUNTY's total obligation for roadwork-related costs under this Agreement, excluding costs referred to in Section III, Article 11, exceed the amount of 560,000; provided that COUNTY may, at its sole discretion, in writing, authorize a greater amount. 2 District Agreement No. a 3 -94 - 033 9. Upon completion of PROJECT and all work incidental thereto, to furnish STATE with a detailed statement of the total engineering and construction costs to be borne by STATE, including resolution of any construction-related claims which may have been allowed to the construction contractor. COUNTY thereafter shall bill STATE for the amount of STATE`s financial obligation pursuant to this Agreement. 10. Upon completion of PROJECT, to furnish STATE a complete set of full-sized film positive reproducible as-built plans. 1 1 . To reimburse STATE for COUNTY's proportionate share of the cost of maintenance of traffic control signals and safety lighting, such share to be an amount equal to 50% of the total maintenance costs, including electrical energy costs. 12. To retain or cause to be retained for audit by STATE or other government auditors for a period of three (3) years from date of final payment, all records and accounts relating to construction of PROJECT. SECTION II STATE AGREES: 1. STATE's share of the construction cost (estimated to be 5380,000) shall be an amount equal to 100% of the total actual signal and lighting related construction costs, plus $6.9% of the actual roadwork construction cost, including the cost of construction related claims and the cost of COUNTY`s defense of any of those claims, as determined after completion of work and upon final accounting of costs. 2. STATE's share of the expense of preliminary engineering shall be an amount equal to 90.3% of COUNTY's actual costs for preliminary engineering for the entire PROJECT. 3. STATE's share of the expense of construction engineering shall be an amount equal to 90.3 % of COUNTY's actual costs for construction engineering for the entire PROJECT. 4. To maintain the entire traffic control signals and safety lighting as installed and pay an amount equal to 50% of the total maintenance costs, including electrical energy costs. 5. To operate the traffic control signals as installed and pay one hundred percent (100%) of the operation cost. 3 District Agreement Na. a3-94-032 6. 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 $7,Q00 and the actual cost to STATE shall be deducted from STATE's share of the PROJECT costs. 7. Ta issue, upon proper application by COUNTY and by COUNTY's contractor, the necessary encroachment permits for required work within the State highway rights of way. 8. To provide a State Project Coordinator to coordinate and promptly review the work of COUNTY and its consultants, if any, during the preparation of PS&E for PROJECT. SECTION III IT IS MUTUALLY AGREED AS FOLLOWS: 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. Construction by COUNTY of improvements referred to herein which lie within STATE highway rights of way or affect STATE facilities, shall not be commenced until COUNTY's original contract plans involving such work and plans for utility relocations have been reviewed and approved by STATE, and until an encroachment permit to COUNTY authorizing such work has been issued by STATE. 4. COUNTY will obtain the aforesaid encroachment permit through the office of State District Permit Engineer and COUNTY's application shall be accompanied by six 6 sets of reduced construction plans of aforesaid contract plans. Receipt thereafter by COUNTY of the approved encroachment permit shall constitute COUNTY authorization from STATE to proceed with work to be performed by COUNTY or COUNTY representatives within proposed STATE right of way or which affects STATE facilities, pursuant to work covered by this Agreement. COUNTY's authorization to proceed with said work shall be contingent upon COUNTY`s compliance with all provisions set forth in this Agreement and said encroachment permit. 4 District Agreement No. fl3-94-032 5. COUNTY's construction contractor shall also be required to obtain an encroachment permit from STATE prior to commencing any work within STATE rights of way or which affects STATE facilities. The application by COUNTY's contractor for said encroachment permit shall 6e made through the office of State District Permit Engineer, and shall include proof said contractor has payment and performance surety bonds covering construction PROJECT, and the permit shall be issued free of charge by STATE. 6. COUNTY shall not advertise for bids to construct PROJECT until after an encroachment permit has been issued to COUNTY by STATE. 7. After opening bids for construction of PROJECT, and if bids indicate a construction costs of no more than $450,000, COUNTY may award the contract. 8. If, upon opening bids, it is found that construction costs will exceed $450,000, COUNTY and STATE shall endeavor to agree upon an alternative course of action. If, after thirty (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 10 of this Section III. 9. Prior to award of the construction contract for PROJECT, STATE may terminate this Agreement by written notice, provided that STATE pays COUNTY for all PROJECT-related costs incurred by COUNTY prior to termination and such costs are not to exceed expenditures of $30,000. 10. If termination of this Agreement is by mutual agreement, STATE will bear 50°lo and COUNTY will bear 50°Io of all costs incurred prior to termination, with total costs not to exceed $30,000. 1 1. If any existing public and/or private utilities conflict with PROJECT construction or violate STATE's encroachment policy, COUNTY shall make all necessary arrangements with the owners of such utilities for their protection, relocation or removal in accordance with STATE policy and procedure for those utilities located within the limits of work providing for the improvement to the State highway and in accordance with COUNTY policy for those facilities located outside of the limits of work for the State highway. Total costs of such protection, relocation or removal shall be in accordance with STATE policy and procedure. Any relocated or new facilities shall be correctly shown and identified on the As-Built plans referred to in Section I, Article 10 of this Agreement. 12. Upon completion of all work under this Agreement, ownership and title to all materials, equipment and appurtenances installed will automatically be vested in STATE, and no further agreement will be necessary to transfer ownership to STATE. 5 District Agreement No. a3-94-032 13. The cost of any engineering or maintenance referred to herein in this Agreement shall include all direct and indirect casts (functional and administrative overhead assessment) attributable to such work, applied in accordance with STATE's standard accounting procedures. 14. STATE shall reimburse COUNTY for 90.3°l0 of actual engineering costs incurred by COUNTY (subject to audits shown on the detailed statement referred to in Section I, Article 9 of this Agreement, as soan as feasible after receipt of said statement by STATE. 15. STATE shall reimburse COUNTY for all actual construction and right of way acquisition costs incurred by COUNTY (subject to audit) shown on the detailed statement referred to in Section I, Article 9 of this Agreement, as soon as feasible after STATE obtains funding for Project 1 R from the CTC in fiscal year 1995/96 or sooner. 16. 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. 17. 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 $95.4 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. 18. Neither COUNTY nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done ar 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 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 this Agreement. 6 District Agreement No. 03-94-032 19. In the construction of said work, COUNTY will furnish a representative to perform the functions of a Resident Engineer, and STATE may, at no cost to COUNTY furnish a representative, if it so desires, to ensure conformance of work to STATE`s standards. Said representatives of COUNTY and STATE will cooperate and consult with each other, but all work within STATE`s right of way shall be accomplished to the satisfaction of STATE`s representative. 20. This AGREEMENT terminates COOPERATIVE AGREEMENT, District Agreement No. 0392302, Document No. 8034, relating to PROJECT executed by STATE and COUNTY on January 28, 1992. 21. Those portions of this Agreement pertaining to the construction of PROJECT shall terminate upon completion and acceptance of the PROJECT construction contract for PROJECT by COUNTY with concurrence of STATE, or on December 31, 1999, 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 COUNTY, STATE agrees to extend the termination date of this Agreement and provide additional funding as required to cover STATE'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 Transportation By: District Director Approved as to Form and Procedure: Attorney Department of Transportation Certified as to funds and procedure District Accounting Administrator COUNTY OF UTT `,,,~ ~ BY 1 ~' `~- Chairman, M ' ,. oard of Supervi rs Attest: ^.~ o ~y Clerk of the Board of Supervisors ~' VE AS TQ F RM B e C Cqu e7 C _ ~~'~~ Approved a: to Fiscal and Budgetary Control 7 03-. .-32-6.2 03358-374520 At East Avenue/ North Lindo Avenue Dist. Agrmt. No. 03 - 9~t-03.2 EXHIBIT A ESTIMATE OF COST Total Cost County's State's Description Estimate Share Share CONSTRUCTION COST Signals $100,000 $ -- $100,000 Roadwork 275,000 50,000 225,000 R/W Acquisition 7,000 -- 7,000 SUBTOTAL $382,000 $ 50,000 $332,000 ENGINEERING COST Prelim. Engrg. @ 8°l0 Overhead included $ 30,560 $ 3,000 $ 27,560 Constr. Engrg. @ 14% Overhead included 53,480 5,200 48,280 SUBTOTAL $ 84,040 $ 8,200 $ 75,840 TOTAL PROJECT COST $466,040 $ 58,200 $407,840 CALL IT $470,000 $ 60,000 $410,000