CI
TY-COUNTY COOPERATIVE AGREEMENT
FOR THE
PERSHING AVENUE SIDEWALK GAP CLOSURE PROJECT
T
HIS AGREEMENT is made and entered into this ____________________ day of __________________, 2022, by and between the CITY OF STOCKTON, a Municipal Corporation to the State of California, ("CITY") , the COUNTY OF SAN JOAQUIN, a political subdivision of the State of California, ("COUNTY").
W
I T N E S S E T H
CO
UNTY is improving Pershing Avenue from Meadow Avenue to Thornton Road within COUNTY jurisdiction, including the addition of a center turn lane, storm drainage work, as well as curb, gutter, and sidewalks (herein referred to as “COUNTY PROJECT”; and
CI
TY desires to construct a sidewalk on the west side of Pershing Avenue from Meadow Avenue to Lincoln Road (herein referred to as “CITY PROJECT”), which lies in CITY jurisdiction; and
C
ITY has asked COUNTY to extend the limits of their Pershing Avenue Widening Project to include CITY PROJECT, as the addition of sidewalk in this area will greatly increase pedestrian access and safety;
T
he parties acknowledge that the CITY PROJECT was not designed nor approved by the COUNTY and therefore, the CITY is to be responsible for any liabilities arising out of the CITY PROJECT;
NOW, THEREFORE, it is mutually agreed by and between CITY and COUNTY as follows:
1. T
he work to be performed includes, but is not limited to:
environmental clearance documentation, design, permitting, construction, and construction management.
2. T
he parties agree that the CITY will provide environmental documentation, design documents, and construction management for CITY PROJECT, and COUNTY will p rovide at minimum construction and traffic control for CITY PROJECT.
3. CI
TY will be responsible for actual costs for construction, traffic control, and minor administrative costs for CITY PROJECT.
4. CI
TY’s estimated share for construction is approximately $400,000 based on a quote from the COUNTY PROJECT contractor. This cost EXHIBIT 2
i
ncludes a 10% contingency , construction management, and other costs as needed.
5. CI
TY shall be responsible for all costs associated with any hazardous materials found during construction of improvements within C ITY jurisdiction.
6. CITY shall pay for any change orders that affect construction of CITY PROJECT. COUNTY will seek CITY approval for change orders.
CITY shall respond in an expedited manner during construction to requests for approval of change orders.
7. CO
UNTY shall assist in discussions with COUNTY r esidents as needed to resolve project issues or impacts.
8. CO
UNTY shall submit monthly invoices to CITY for work performed on CITY PROJECT. Upon approval of invoice and supporting documentation, CITY shall make payment to COUNTY within sixty (60) calendar days.
9. P
rior to final payment by CITY to COUNTY, COUNTY shall provide CITY with copies of the final documentation including, but n ot limited to, record drawings, and a final detailed statement of all project costs to be borne by CITY in support of PROJECT.
10. The CITY shall hold the COUNTY, its agents, officers, employees and volunteers, harmless from and save, defen d and indemnify the COUNTY against any and all claims, losses, liabilities, judgments or damages from every cause, including but n ot limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of COUNTY, or its agents, officers, employees, or volunteers relating to or during th e
per
formance of the services or responsibilities set forth in this agreement.
//
//
//
//
//
//
//
//
//
EXHIBIT 2
I
N WITNESS WHEREOF, this agreement has been executed by the respective parties hereto through their respective authorized officers at Stockton, California, the day, and year first above written.
CO
UNTY OF SAN JOAQUIN CITY OF STOCKTON
B
y: By:
FRITZ BUCHMAN HARRY BLACK
Director of Public Works City Manager
A
TTEST: MARY ANNE PARKER ATTEST:
Executive Assistant to the
Director of the Department of
Public Works of the COUNTY of By:
San Joaquin, State of California ELIZA GARZA
City Clerk of the City of Stockton
B
y:________________________ APPROVED AS TO FORM:
MARY ANNE PARKER
APPR
OVED AS TO FORM: By:
LORI ASUNCION
Acting City Attorney
By:
MATTHEW P. DACEY
Deputy County Counsel
EXHIBIT 2