City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2023-00404 5/2/2023 Consent Item 17.
Approval of Cooperative Agreement with the County of Sacramento for Cost Sharing of Fair Oaks Boulevard, 14th Avenue, 26th Avenue, Soledad Avenue, Osage Avenue, and Alder Avenue Pavement Overlay (R15200000)
File ID: 2023-00404
Location: District 5, Represented by Councilmember Maple, and District 6, represented by Vice Mayor Guerra
Recommendation: Pass a Motion approving the Cooperative Agreement between the City and County of Sacramento for cost sharing of the Fair Oaks Boulevard, 14th Avenue, 26th Avenue, Soledad Avenue, Osage Avenue, and Alder Avenue pavement overlay projects.
Contact: Greg Smith, Senior Engineer, (916) 808-8364, [email protected]; Jose Sanchez, Streets Manager, (916) 808-2254, [email protected], Department of Public Works Presenter: None
Attachments:
1-Description/Analysis
2-Location Maps
3-Cooperative Agreement
Description/Analysis
Issue Detail: Many roadways cross the boundaries of incorporated city and unincorporated county areas. To facilitate roadway maintenance, the two agencies partner on these projects. Based on these discussions, the County of Sacramento is preparing to resurface multiple streets that include sections within the city boundaries. The County will take the lead on managing roadway resurfacing on roadway segments of Fair Oaks Boulevard (Howe Avenue to approximately 225 feet east of University Avenue), 14th Avenue (Lissetta Avenue to Stockton Boulevard), 26th Avenue (45th Street to Ethel Way), Soledad Avenue (45th Street to Ethel Way), Osage Avenue (fronting 8981 Osage Avenue), and Alder Avenue (fronting 8960 Alder Avenue).
In order to share costs of resurfacing these streets, the City and County of Sacramento have drafted
File ID: 2023-00404 5/2/2023 Consent Item 17.
a Cooperative Agreement to resurface the roadways. The preventative maintenance work will extend the life of the streets and reduce the need for costly road construction in the future.
The improvements will include repairing pavement areas with severe base failures, grinding away existing pavement to accommodate new resurfacing material, applying new overlay, adjusting manholes to new pavement height, and reapplying new traffic striping and markings.
Policy Considerations: These recommendations are consistent with Sections M 1.1.4 of the City’s 2035 General Plan, which state that the City shall effectively operate and maintain transportation facilities and infrastructure to preserve the quality of the system.
Economic Impacts: Not available. Contracts will be awarded by Sacramento County.
Environmental Considerations:
California Environmental Quality Act (CEQA): The projects associated with this agreement will be administered by the County of Sacramento and will follow all requirements of the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA).
Sustainability: The projects will incorporate recycled asphalt materials which is a cost- effective option since it can be less expensive than using new asphalt. Additionally, it helps to reduce the demand for new natural resources, which can conserve non-renewable resources and reduce the environmental impact of road construction. Finally, using recycled asphalt helps reduce landfill waste by diverting asphalt waste from landfills and repurposing it for road construction.
Commission/Committee Action: None.
Rationale for Recommendation: Approximately three-fourths of the proposed pavement overlay work along Fair Oaks Boulevard (Howe Avenue to approximately 225 feet east of University Avenue) falls within the City’s right-of-way. The City’s share of the costs of improvements on Fair Oaks Boulevard is estimated to be $868,921.
Approximately one-half of the proposed pavement overlay work along 14th Avenue (Lissetta Avenue to Stockton Boulevard) falls within the City’s right-of-way. The City’s share of the costs of improvements on 14th Avenue is estimated to be $544,436.
Approximately one-fourth of the proposed pavement overlay work along 26th Avenue (45th Street to Ethel Way) and Soledad Avenue (45th Street to Ethel Way) falls within the City’s right-of-way.
Approximately one-half of the proposed pavement overlay work along Osage Avenue (fronting 8981
File ID: 2023-00404 5/2/2023 Consent Item 17.
Osage Avenue) and Alder Avenue (fronting 8960 Alder Avenue) falls within the City’s right-of-way.
The City’s share of the costs of improvements on 26th Avenue, Soledad Avenue, Osage Avenue, and Alder Avenue is estimated to be $95,697.
Under the Cooperative agreement, the County will be responsible for the management and administration required for the design and construction of the projects. The City will reimburse the County for its share of the work completed on Fair Oaks Boulevard, 14th Avenue, 26th Avenue, Soledad Avenue, Osage Avenue, and Alder Avenue.
Both agencies have coordinated the scope and scheduling of these projects. The City and County responsibilities, including the sharing of funding, are set forth in the agreement. The projects are expected to begin construction during the summer of 2023.
Approval of the Cooperative Agreement with the County of Sacramento is necessary to maintain the roadway segments of Fair Oaks Boulevard, 14th Avenue, 26th Avenue, Soledad Avenue, Osage Avenue, and Alder Avenue in a state of good repair.
Financial Considerations: The Transportation Corridor Program (R15200000) has a total budget of $$20,713,909 consisting of Road Maintenance and Rehabilitation Fund (RMRA), Fund 2036, and Gas Tax Fund, Fund 2002. There is a sufficient unobligated balance in the Transportation Corridor Program (R15200000) to execute the Cooperative Agreement with the County of Sacramento in the amount of $1,509,054 for the cost sharing of the Fair Oaks Boulevard, 14th Avenue, 26th Avenue, Soledad Avenue, Osage Avenue, and Alder Avenue Pavement Overlay.
Local Business Enterprise (LBE): The projects associated with this agreement will be administered by the County of Sacramento and will follow their contract policies and procedures. Therefore, the City’s LBE requirements are held in abeyance.
J ST
FAIR OAKS BLVDMUNROE ST
HOWE AVEUNIVERSITY AVE
UNIVERSITY AVE
NORTHROP AVE
FULTON AVEHOWE AVE
RD.FAIRGATE
MORSE AVE
SIERRA BLVD
Date:
MAP 1Location Map For:
March 29, 2023
FAIR OAKS BOULEVARD(HOWE AVENUE TO 225 FEET EAST OFUNIVERSITY AVENUE) American River
PROJECTLOCATION
Date:
MAP 2Location Map For:
March 22, 2023
14TH AVENUE (LISSETTA AVENUE TOSTOCKTON BOULEVARD)26TH AVENUE (45TH STREET TO ETHEL WAY)SOLEDAD AVENUE (45TH STREET TO ETHEL WAY)
PROJECTLOCATION
SOLEDAD WAY26th Ave
21st Ave
14th Ave12th Ave
16th Ave
PROJECTLOCATIONS26th Ave
FRUITRIDGE RD
MARTIN LUTHER KING BLVD
STOCKTON Blvd
12th AveLISSETTAAVE
45th StETHEL WAY
99 Date:
MAP 3Location Map For:
March 22, 2023
OSAGE AVENUE(FRONTING 8981 OSAGE AVENUE)ALDER AVENUE (FRONTING 8960 ALDER AVENUE)
PROJECTLOCATIONSPOWER INN RD
FLORIN PERKINS RD
JACKSON RD
FOLSOM Blvd
FRUITRIDGE RD
ELDER CREEK RD
14th Ave
ALDER AVEOSAGE AVE
HEDGE AVE
24th Ave
88th ST
S WATT AVE
County Contract No. 52546
City Contract No. ________
COUNTY OF SACRAMENTO
COMMUNITY SERVICES AGENCY
CITY OF SACRAMENTO
AGREEMENT FOR COST SHARING OF
AC OVERLAY PROJECT 2023 PHASE A (4578); AC OVERLAY PROJECT 2023 PHASE F (4589); AND FAIR OAKS BOULEVARD MOBILITY
PROJECT FROM HOWE AVENUE TO MUNROE STREET (4584)
THIS AGREEMENT is made and entered into on ___ _______ , by and between the COUNTY OF SACRAMENTO, a political subdivision of the State of California, hereinafter referred to as “COUNTY,” and the CITY OF SACRAMENTO, a charter city and municipal corpor ation, hereinafter referred to as “CITY.”
RECITALS
WHEREAS, COUNTY plans to install pavement overlay on multiple roads as part of its AC Overlay Project 2023 Phase A ( County Contract No. 4578) (“Project 4578”) and AC Overlay Project 2023 Phase F ( County Contract No. 4589) (“Project 4589”) that were approved by the Board of Supervisors on December 6, 2022; and
WHEREAS, CITY and COUNTY share ownership of a portion of 14 th Avenue from Lissetta Avenue to Stockton Boulevard, with the centerline of the roadway representing the jurisdictional boundary of CITY and COUNTY; and
WHEREAS, CITY and COUNTY share ownership of a portion of 2 6th Avenue from 45th Street to Ethel Way, with the prolongation of the east lot line of 4570 26th Avenue (APN 022- 0193-007-0000) representing the jurisdictional boundary of CITY and COUNTY; and
WHEREAS, CITY and COUNTY share ownership of a portion of Soledad Avenue from 45th Street to Ethel Way , with the prolongation of the east lot line of 4580 Soledad Avenue (APN 022- 0194-019-0000) representing the jurisdictional boundary of CITY and COUNTY; and
WHEREAS, CITY and COUNTY share ownership of a portion of Alder Avenue fronting 8960 Alder Avenue (APN 062-0042-027-0000), with the centerline of the roadway representing the jurisdictional boundary of CITY and COUNTY; and
WHEREAS, CITY and COUNTY share ownership of a portion of Osage Avenue fronting 8981 Osage Avenue (APN 062- 0030-012-0000), with the centerline County Contract No. 52546
City Contract No. ________
of the roadway representing the jurisdictional boundary of CITY and COUNTY; and
WHEREAS, COUNTY plans to install pavement overlay on the Fair Oaks Boulevard Mobility Project Phase 2 (County Contract No. 4584) (“Project 4584”) that was included in the Department of Transportation budget approved by the Board of Supervisors on Sept ember 8, 2022 (see Community Services, p. F-124; Project No. P000573); and
WHEREAS, CITY and COUNTY share ownership of a portion of Fair Oaks Boulevard from Howe Avenue to approximately 225 feet east of University Avenue, with Exhibit A representing the j urisdictional boundary of CITY and COUNTY; and
WHEREAS, COUNTY desires to provide pavement overlay of the aforesaid sections of 14th Avenue as part of Project 4578; sections of 26th Avenue, Soledad Avenue, Alder Avenue, and Osage Avenue as part of Project 4589; and sections of Fair Oaks Boulevard as part of Project 4584; and CITY, in acknowledgment of the benefit s of said overlay improvements, desires to support the Project s by contributing funds in proportion to its share of the design, management, construction, and inspection costs to pave the shared roads; and
WHEREAS, p ursuant to Sacramento County Code section 2.61.090, the Director of the Department of Transportation is authorized to execute a revenue agreement relating to a previously authorized pro ject by the Board of Supervisors; and
WHEREAS, COUNTY and CITY desire to enter into this Agreement on the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual promises hereinafter set forth, COUNTY and CITY agree as follows:
1. TERM
This Agreement is effective and commences as of the date first written above and remains in effect until all services and obligations described in this Agreement are completed.
2. NOTICE
Any notice, demand, request, consent, or approval that ei ther party hereto may or is required to give the other pursuant to this Agreement shall be in writing and shall be either personally delivered, emailed, or sent by mail, addressed as follows:
County Contract No. 52546
City Contract No. ________
To COUNTY:
Attn: Ken Wick, Senior Engineer
Department of Transportation
County of Sacramento
4100 Traffic Way
Sacramento, CA 95827
Phone: 916-875-5336
email: [email protected]
To CITY:
Attn: Greg Smith, Senior Engineer
Department of Public Works
City of Sacramento
918 Del Paso Road
Sacramento, CA 95834
Phone: 916-808-8364
email: [email protected]
Either party may change the address to which subsequent notice and/or other communications can be sent by gi ving written notice designating a change of address to the other party, which shall be effective upon receipt.
3. SCOPE
A. Project Description and Plans, Specifications, and Estimate. COUNTY shall install pavement overlay on 14th Avenue from Lissetta Avenue to Stockton Boulevard as part of Project 4578 (the “ 4578 Improvements”); on 26th Avenue from 45th Street to Ethel Way , on Soledad Avenue from 45th Street to Ethel Way, on Alder Avenue fronting 8960 Alder Avenue , and on Osage Avenue fronting 8981 Osage Avenue as part of Project 4589 (the “4589 Improvements”); and on Fair Oaks Boulevard from Howe Avenue to approximately 225 feet east of University Avenue as shown on with Exhibit A as part of Proj ect 4584 (the “45 84 Improvements”) (all collectively referred to as the “4578, 4589, and 4584 Improvements”).
Construction shall be in accordance with the applicable plans, specification, and estimate as approved by the COUNTY Board of Supervisors for Project 4578, Project 4589, and Project 45 84, respectively. COUNTY s hall furnish all labor, materials, services, transportation, appliances, and mechanical workmanship, and execute and administer all contracts required , for the 4578, 4589, and 4 584 Improvements as set forth in the relevant COUNTY - approved plans and/or spec ifications. All of the work done under this Agreement shall be performed to the satisfaction of both CITY and COUNTY.
B. Construction Contract and Nondiscrimination. COUNTY shall award and administer the contract s for construction of the 4578 Improvements as a component of Project 4578 , the 4589 Improvements as a component of Project 458 9, and the 45 84 Improvements as a component of Project 45 84, respectively, in County Contract No. 52546
City Contract No. ________
compliance with California Labor Code and Public Contract Code requirements, including but not limited to the payment of prevailing wages, and all applicable federal, state, and local laws and regulations, including COUNTY’ S Improvement Standards and Standard Construction Specifications . COUNTY and its officers, employees, agents, contractors and sub contractors shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement.
C. Change Orders . Except in cases where emergency work is necessary for vehicle or pedestrian safety, COUNTY shall submit to CITY for approval , prior to commencement of change order work any proposed change order s which wil l affect the 4578 Improvements, 4589 Improvements, and 4584 Improvements.
D. Accountability and Release of Liens . Upon completion of Project 4578, Project 4589, and Project 4 584, COUNTY shall provide CITY with evidence that all of the costs of the 4578 Improvements, 4589 Improvements, and 4 584 Improvements have been fully paid, including any an d all lien claims. Upon request, COUNTY shall provide lien releases under California Civil Code Section 8120, et seq. to assure that payments of any outstanding claims of the COUNTY’S contractors, subcontractors , and suppliers have been paid.
4. REIMBURSEMENT OF COSTS
A. Construction Costs.
a. The cost to construct the CITY port ion of the 4578 Improvements is estimated to be $403,286.00 as set forth in the Preliminary Estimate, attached hereto and incorporated herein as Exhibit B.
b. The cost to constr uct the CITY portion of the 45 89 Improvements is estimated to be $ 70,886.50 as set forth in the Preliminary Estimate , attached hereto and incorporated herein as Exhibit C.
c. The cost to construct the CITY portion of th e 4584
Improvements is estimated to be $ 643,645.00 as set forth in the Preliminary Estimate, attached hereto and incorporated herein as Exhibit D
d. A contingency amount of ten percent (10%) of the
construction cost is established. As set forth in Exhibit B, County Contract No. 52546
City Contract No. ________
Exhibit C, and Exhibit D , the total contingency costs for the CITY portion of the 4578 Improvements, 4589 Improvements, and 4584 Improvements is estimated to be $111,781.75. The contingency amounts shall be added to the actual cost of construction, if necessary, to cover change orders pursuant to section 3(C) above.
e. Actual construction costs for the 4578 Improvements, the 4589 Improvements, and the 4584 Improvements, taken
separately, shall be the actual quantities at the bid unit prices (i.e., price of the 4578 Improvements under Project 4578, the price of the 4589 Improvements under Project 4589, and the price of th e 4584 Improvements under Project 45 84, as awarded to the lowest resp onsible bidder submitting the lowest responsive bid s on these respective projects ), plus or minus approved change orders affecting said Improvements.
B. Design and Construction Management a nd Inspection Cost s.
COUNTY has incurred costs to design and prepare the 4578, 4589, and 4584 Improvements for bidding. COUNTY will also incur costs to administer the awarded construction contract, including management and inspection costs. For purposes o f this Agreement, design, construction management , and inspection costs shall be deemed to be twenty -five percent (25%) of the construction cost.
As set forth in Exhibit B , Exhibit C, and Exhibit D , the total design, construction management, and inspection costs for the CITY portion of the 4578, 4589, and 4 584 Improvements, calculated at t wenty- five percent (25%), are estimated to be $279,454.38.
C. Cost Sharing. CITY shall reimburse COUNTY its actual construction costs for the CITY’ s portion of the 4578, 4589, and 4584 Improvements including contingency, plus design, construction management, and inspection costs. Th e total reimbursement amount is estimated to be $ 1,509,053.63. Under no circumstances shall CITY’S total reimbursement payment to COUNTY exceed $2,000,000 without prior written consent of CITY or City Council, as required by City Code.
D. Invoicing. COUNTY shall invoice CITY , upon completion of the Project 4578, Project 4589, and Project 4 584, for CITY’S share of costs as provided in this section . COUNTY’S final invoice shall be mailed or emailed to the address for CITY provided in Section 2 above, and include the following information:
County Contract No. 52546
City Contract No. ________
i. County Contract Number: 52546
ii. Project Name:
1. Cost Sharing for AC Overlay Project Phase A ( County Contract No. 4578);
2. Cost Sharing for AC Overlay Project 2023 Phase F
(County Contract No. 4589);
3. Cost Sharing for Fair Oaks Boulevard Mobility Project Phase 2 (County Contract No. 4584).
iii. Date of invoice submission
iv. Actual costs of 4578, 4589, and/or 4584 Improvements v. Total costs for design, construction management, and inspection
vi. Total cost share reimbursement amount due from CITY
E. Payments. CITY shall send one lump sum payment as described in section 4(D) via check or other approved method, to the address for COUNTY provided in S ection 2 of this Agreement within thirty (30) days of receipt of invoice.
5. GOVERNING LAWS AND JURISDICTION
This Agreement shall be deemed to have been executed and to be performed within the State of California and shall be construed and governed by the internal laws of the State of California. Any legal proceedings arising out of or relating to this Agreement shall be brought in Sacramento County, California.
6. INDEMNIFICATION
To the fullest extent permitted by law, each of the Parties sha ll indemnify, defend and hold harmless each of the other Parties, their respective governing boards, officers, directors, officials, employees, and authorized volunteers and agents from and against any and all claims, demands, actions, losses, liabilities, damages, and all expenses and costs incidental thereto (collectively “Claims”), including cost of defense, settlement, arbitration, and reasonable attorneys' fees, resulting from injuries to or death of persons, including but not limited to employees of e ither Party hereto, and damage to or destruction of property or loss of use thereof, including but not limited to the property of either Party hereto, arising out of, pertaining to, or resulting from the acts or omissions of the their respective governing boards, officers, directors, officials, employees, volunteers, agents, or contractors.
County Contract No. 52546
City Contract No. ________
It is the intention of the Parties that the provisions of this indemnity be interpreted to impose on each Party responsibility for the acts and omissions of their re spective governing boards, officers, directors, officials, employees, volunteers, agents or contractors. It is also the intention of the Parties that, where comparative fault is determined to have been contributory, principles of comparative fault will be followed and each Party shall bear the proportionate cost of any Claims attributable to the fault of that Party, its governing board, officers, directors, officials, employees, volunteers, agents, or contractors.
This indemnity shall not be limited by the types and amounts of insurance or self-insurance maintained by the Parties.
Nothing in this Indemnity shall be construed to create any duty to, any standard of care with reference to, or any liability or obligation, contractual or otherwise, to any third party.
The provisions of this Indemnity shall survive the expiration or termination of the Agreement.
7. INSURANCE
Each party, at its sole cost and expense, shall carry insurance —or self- insure—its activities in connection with this Agreement, and obtain, keep in force and maintain, insurance or equivalent programs of self - insurance, for general liability, workers compensation, and business automobile liability adequate to cover its potential liabilities hereunder.
Each party shall provide certificates of insurance, excess insurance and/or self-insurance to the other party during the term of this agreement. Each party agrees to provide the other thirty (30) days' advance written notice of any cancellation, termination or lapse of any of the insurance or self-insurance coverages.
8. AMENDMENT AND WAIVER
Except as provided herein, no alteration, amendment, variation, or waiver of the terms of this Agreement shall be valid unless made in writing and signed by both parties. Waiver by either party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent, or any other right hereunder. No interpretation of any provision of this Agreement shall be binding upon COU NTY unless agreed in writing by the Director of COUNTY’S Department of Transportation and counsel for COUNTY. No interpretation of any provision of this Agreement shall be binding upon CITY unless agreed in writing by the City’s Public Works Director and approved as to form by the City Attorney.
County Contract No. 52546
City Contract No. ________
9. SUCCESSORS
This Agreement shall bind the successors of CITY and COUNTY in the same manner as if they were expressly named.
10. TIME
Time is of the essence of this Agreement.
11. INTERPRETATION
This Agreement shall be deemed to have been prepared equally by both of the parties, and the Agreement and its individual provisions shall not be construed or interpreted more favorably for one party on the basis that the other party prepared it.
12. DISPUTES
In the event of any dispute arising out of or relatin g to this Agreement, the parties shall attempt, in good faith, to promptly resolve the dispute mutually between themselves. If the dispute cannot be resolved within 15 calendar days of initiating such negotiations or such other time period as may be mutual ly agreed to by the parties in writing, either party may pursue its available legal and equitable remedies, pursuant to the laws of the State of California.
13. TERMINATION
A. COUNTY may terminate this Agreement without cause upon thirty (30) days written notice to the CITY. Notice shall be deemed served on the date of mailing. If notice of termination for cause is given by COUNTY to CITY and it is later determined that CITY was not in default or the default was excusable, then the notice of termination shall be deemed to have been given without cause pursuant to this paragraph (A).
B. COUNTY may terminate this Agreement for cause immediately upon giving written notice to CITY should CITY materially fail to perform any of the covenants contained in this Agreeme nt in the time and/or manner specified. In the event of such termination, COUNTY may proceed with the work in any manner deemed proper by COUNTY. If notice of termination for cause is given by COUNTY to CITY and it is later determined that CITY was not in default or the default was excusable, then the notice of termination shall be deemed to have been given without cause pursuant to paragraph (A) above.
County Contract No. 52546
City Contract No. ________
C. COUNTY may terminate or amend this Agreement immediately upon giving written notice to CITY , 1) if ad vised that funds are not available from external sources for this Agreement or any portion thereof, including if distribution of such funds to the County is suspended or delayed; 2) if funds for the services and/or programs provided pursuant to this Agreement are not appropriated by the State; 3) if funds in COUNTY's yearly proposed and/or final budget are not appropriated by COUNTY for this Agreement or any portion thereof; or 4) if funds that were previously appropriated for this Agreement are reduced, eliminated, and/or re-allocated by COUNTY as a result of mid-year budget reductions.
D. If this Agreement is terminated by COUNTY under paragraph (A) or (C) above:
1. CITY shall only be required to reimburse COUNTY for work already completed under this A greement, including CITY’s proportional share of COUNTY’s design, construction
management, and inspection costs for work associated
with the Improvements.
2. CITY shall deliver to COUNTY copies of all writings
prepared pursuant to this Agreement. T he term "writings" shall be construed to mean and include: handwriting,
typewriting, drawings, blueprints, printing, electronic media, photostatting, photographing, and every other
means of recording upon any tangible thing, any form of communication or r epresentation, including letters, words, pictures, sounds, or symbols, or combinations thereof.
3. CITY shall not incur any expenses under this Agreement after notice of termination and shall cancel any
outstanding expenses obligations to a third party that CITY can legally cancel.
E. If this Agreement is terminated under paragraphs (A) or (C), above, COUNTY shall be paid for authorized and approved services performed prior to the termination date in accordance with the provisions of this Agreement.
14. PRIOR AGREEMENTS
This Agreement constitutes the entire contract between CITY and COUNTY regarding the subject matter of this Agreement. Any prior County Contract No. 52546
City Contract No. ________
agreements, whether oral or written, between CITY and COUNTY regarding the subject matter of this Agreement ar e hereby terminated effective immediately upon full execution of this Agreement.
15. SEVERABILITY
If any term or condition of this Agreement or the application thereof to any person(s) or circumstance is held invalid or unenforceable, such invalidity or unenforceability shall not affect other terms, conditions, or applications which can be given effect without the invalid term, condition, or application; to this end the terms and conditions of this Agreement are declared severable.
16. FORCE MAJEURE
Neither CITY nor COUNTY shall be liable or responsible for delays or failures in performance resulting from events beyond the reasonable control of such party and without fault or negligence of such party.
Such events shall include but not be limited to acts of Go d, strikes, lockouts, riots, acts of war, epidemics, pandemics, acts of government, fire, power failures, nuclear accidents, earthquakes, unusually severe weather, acts of terrorism, or other disasters, whether or not similar to the foregoing, and acts or omissions or failure to cooperate of the other party or third parties (except as otherwise specifically provided herein).
17. SURVIVAL OF TERMS
All services performed and deliverables provided pursuant to this Agreement are subject to all of the terms, con ditions, price discounts and rates set forth herein, notwithstanding the expiration of the initial term of this Agreement or any extension thereof. Further, the terms, conditions and warranties contained in this Agreement that by their sense and context ar e intended to survive the completion of the performance, cancellation or termination of this Agreement shall so survive.
18. AUTHORITY TO EXECUTE
Each person executing this Agreement represents and warrants that he or she is duly authorized and has legal a uthority to execute and deliver this Agreement for or on behalf of the parties to this Agreement. Each party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such party's obligations hereunder have been duly authorized.
19. COUNTERPARTS
This Agreement may be executed in counterparts. The Agreement shall be deemed executed when it has been signed by both parties.
County Contract No. 52546
City Contract No. ________
Signatures scanned and transmitted electronically shall be deemed original signatures for purposes of this Agreement, with such scanned signatures having the same legal effect as original signatures. This Agreement may be executed through the use of an electronic signature and will be binding on each party as if it were physically executed.
(SIGNATURE PAGE FOLLOWS)
County Contract No. 52546
City Contract No. ________
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the day and year first written above.
COUNTY OF SACRAMENTO, a
political subdivision of the State of
California
CITY OF SACRAMENTO,
a municipal corporation
By:
Ron E. Vicari, Director
Department of Transportation
Date:
By:
Howard Chan
City Manager
Date:
Reviewed and Approved by
County Counsel
By:__________________________
Amanda McDermott
Deputy County Counsel
Approved as to Form:
_____________________________
City Attorney
Attest:
_____________________________
City Clerk
Date:_________________________
Agreement No. 52546
Exhibit A
# Bid Item Quantity Unit Unit Cost Total Cost Quantity Unit Cost Quantity Unit Cost 1 Asphalt Concrete (Paving) 2,080 TN 125.00$ 260,000.00$ 1,040 TN 130,000.00$ 1,040 TN 130,000.00$ 2 3" Pavement Grind 102,000 SF 1.10$ 112,200.00$ 51,000 SF 56,100.00$ 51,000 SF 56,100.00$ 3 Raise SDMH or SSMH 24 EA 800.00$ 19,200.00$ 12 EA 9,600.00$ 12 EA 9,600.00$ 4 PCC Sidewalk Replacement 3,600 SF 25.00$ 90,000.00$ 1,590 SF 39,750.00$ 2,010 SF 50,250.00$ 5 PCC Curb & Gutter Replacement 1,040 LF 75.00$ 78,000.00$ 440 LF 33,000.00$ 600 LF 45,000.00$ 6 AC Type A for C&G 54 TN 145.00$ 7,830.00$ 23 TN 3,335.00$ 31 TN 4,495.00$ 7 Class 2 AB for CG&SW 332 TN 150.00$ 49,800.00$ 142 TN 21,300.00$ 190 TN 28,500.00$ 8 Detectable Warning Surface 25 EA 450.00$ 11,250.00$ 11 EA 4,950.00$ 14 EA 6,300.00$ 9 Type B Drop Inlet 12 EA 5,000.00$ 60,000.00$ 6 EA 30,000.00$ 6 EA 30,000.00$ 10 Video Detection Camera 1 EA 15,000.00$ 15,000.00$ - EA -$ 1 EA 15,000.00$ 11 4" Wide Striping 5,100 LF 1.50$ 7,650.00$ 2,550 LF 3,825.00$ 2,550 LF 3,825.00$ 12 12" Wide Striping 560 LF 6.50$ 3,640.00$ 280 LF 1,820.00$ 280 LF 1,820.00$ 13 Other Pavement Marking 1,000 SF 8.00$ 8,000.00$ 500 SF 4,000.00$ 500 SF 4,000.00$ 14 Install Pavement Marker 132 EA 6.00$ 792.00$ 66 EA 396.00$ 66 EA 396.00$ 15 Survey Monuments 24 EA 1,500.00$ 36,000.00$ 12 EA 18,000.00$ 12 EA 18,000.00$ CONSTRUCTION TOTALS 759,362.00$ 356,076.00$ 403,286.00$ 100% 47% 53%
Contingency (10%): 75,936.20$ 35,607.60$ 40,328.60$ Engineering & Inspection (25%): 189,840.50$ 89,019.00$ 100,821.50$ 1,025,138.70$ 480,702.60$ 544,436.10$
Total:
14th Avenue from Lissetta Way to Stockton Blouevard
Estimated Cost with City of Sacramento and County of Sacramento Share Exhibit B
Agreement No. 52546
TOTAL CONSTRUCTION COST COUNTY SHARE CITY SHARE
# Bid Item Quantity Unit Unit Cost Total Cost Quantity Unit Cost Quantity Unit Cost 1 Asphalt Concrete (Paving) 2,630 TN 125.00$ 328,750.00$ 2,320 TN 290,000.00$ 310 TN 38,750.00$ 2 Asphalt Concrete Grind 39,700 SF 0.55$ 21,835.00$ 35,700 SF 19,635.00$ 4,000 SF 2,200.00$ 3 4" Base Repair Grind 104,300 SF 1.10$ 114,730.00$ 90,500 SF 99,550.00$ 13,800 SF 15,180.00$ 4 Raise SDMH/SSMH 14 EA 800.00$ 11,200.00$ 8 EA 6,400.00$ 6 EA 4,800.00$ 5 PCC Sidewalk Replacement 2,740 SF 25.00$ 68,500.00$ 2,740 SF 68,500.00$ - SF -$ 6 PCC Curb & Gutter Replacement 720 LF 75.00$ 54,000.00$ 720 LF 54,000.00$ - LF -$ 7 AC Type A for C&G 37 TN 145.00$ 5,365.00$ 37 TN 5,365.00$ - TN -$ 8 Class 2 AB for CG&SW 239 TN 150.00$ 35,850.00$ 239 TN 35,850.00$ - TN -$ 9 Detectable Warning Surface 18 EA 450.00$ 8,100.00$ 18 EA 8,100.00$ - EA -$ 10 Type "B" or "C" Drop Inlet 4 EA 5,000.00$ 20,000.00$ 4 EA 20,000.00$ - EA -$ 11 Class 2 AB for Sholder Backing 90 TN 80.00$ 7,200.00$ 60 TN 4,800.00$ 30 TN 2,400.00$ 12 12" Wide Striping 126 LF 6.50$ 819.00$ 105 LF 682.50$ 21 LF 136.50$ 13 Other Pavement Marking 132 SF 8.00$ 1,056.00$ 110 SF 880.00$ 22 SF 176.00$ 14 Install Pavement Marker 7 EA 6.00$ 42.00$ 3 EA 18.00$ 4 EA 24.00$ 15 Install Pavement Reinforcing Fabric 14,360 SY 2.00$ 28,720.00$ 13,000 SY 26,000.00$ 1,360 SY 2,720.00$ 16 Install AC Speed Bump 1 EA 6,000.00$ 6,000.00$ 1 EA 6,000.00$ - EA -$ 17 Survey Monuments 9 EA 1,500.00$ 13,500.00$ 6 EA 9,000.00$ 3 EA 4,500.00$ CONSTRUCTION TOTALS 725,667.00$ 654,780.50$ 70,886.50$ 100% 90% 10%
Contingency (10%): 72,566.70$ 65,478.05$ 7,088.65$ Engineering & Inspection (25%): 181,416.75$ 163,695.13$ 17,721.63$ 979,650.45$ 883,953.68$ 95,696.78$
Total:
Exhibit C
Agreement No. 52546
Portions of 26th Avenue, Soledad Avenue, Osage Avenue, and Alder Avenue Estimated Cost with City of Sacramento and County of Sacramento Share
TOTAL CONSTRUCTION COST COUNTY SHARE CITY SHARE
Exhibit D
Agreement No. 52546
Fair Oaks Boulevard from Howe Avenue to University Avenue Estimated Cost with City of Sacramento and County of Sacramento Share # Bid Item Quantity Unit Unit Cost Total Cost Quantity Unit Cost Quantity Unit Cost 1 Asphalt Concrete (Paving) 1225 TN 400.00 $ 490,000.00$ - TN - $ 1225 TN 490,000.00$ 2 Asphalt Concrete (Base Repair) 450 TN 200.00 $ 90,000.00$ - TN - $ 450 TN 90,000.00 $ 3 Asphalt Concrete Grind 16000 SF 0.55 $ 8,800.00$ - SF - $ 16000 SF 8,800.00 $ 4 6" Base Repair Grind 11620 SF 2.00 $ 23,240.00$ - SF - $ 11620 SF 23,240.00$ 5 Raise SDMH/SSMH 9 EA 800.00 $ 7,200.00$ - EA - $ 9 EA 7,200.00 $ 6 Install Pavement Reinforcing Fabric 8135 SY 3.00$ 24,405.00$ - SY - $ 8135 SY 24,405.00 $ CONSTRUCTION TOTALS 643,645.00$ - $ 643,645.00 $
100% 0% 100%
Contingency (10%): 64,364.50 $ - $ 64,364.50 $
Engineering & Inspection (25%) 160,911.25 $ - $ 160,911.25 $ Total: 868,920.75$ -$ 868,920.75$
TOTAL CONSTRUCTION COST COUNTY SHARE CITY SHARE