1 CITY-COUNTY COOPERATIVE AGREEMENT FOR THE ALPINE PERSHING MENDOCINO
BICYCLE-PEDESTRIAN CONNECTIVITY PROJECT
This Cooperative Agreement (“AGREEMENT”) is made and entered into this ________ day of ____________, 2024, at Stockton, California, by and between the CITY OF STOCKTON, a Municipal Corporation of the State of California, (hereinafter “CITY”) and the COUNTY OF SAN JOAQUIN, a political subdivision of the State of California, (hereinafter “COUNTY”).
WHEREAS, the CITY and COUNTY partnered to apply for and received State funding from Active Transportation Program (ATP) in the amount of $7,403,000 through State of California; and
WHEREAS, the ATP grant requires CITY and COUNTY to provide a local match totaling $835,000, for a total Alpine Pershing Mendocino Bicycle-Pedestrian Connectivity Project (“PROJECT”) cost of $8,238,000; and
WHEREAS, all obligation and responsibilities assigned in this AGREEMENT to complete the following PROJECT COMPONENTS will be referred to hereinafter as WORK:
PROJECT APPROVAL AND ENVIROMENTAL DOCUMENT PHASE (PA&ED) PROJECT PLANS, SPECIFICATIONS, AND ESTIMATES PHASE (PS&E) PROJECT RIGHT OF WAY PHASE (R/W)
PROJECT CONSTRUCTION PHASE (CON)
WHEREAS, CITY is the LEAD AGENCY for the
WORK in this AGREEMENT; and
WHEREAS, PROJECT changes will be approved by CITY as the project LEAD AGENCY; and
WHEREAS, COUNTY has Alpine Avenue between Ryde Avenue and Mission Road within the boundaries of the WORK; and
WHEREAS, CITY and COUNTY further find that the local portions that are funding the PA&ED, PS&E, R/W, and CON phases be shared by CITY and COUNTY in proportions herein set forth; and
NOW, THEREFORE, it is mutually agreed by and between CITY and COUNTY as follows:
1. For the purpose of this AGREEMENT, CITY shall act as the fiscal agent for COUNTY.
2. The WORK to be performed under this AGREEMENT is to implement safety improvements for bicyclists and pedestrians in CITY and COUNTY, along Alpine Avenue, Pershing Avenue, and Mendocino Avenue. The PROJECT is more particularly describ ed in Attachment A, attach
ed hereto and incorporated herein.
3. With respect to the PROJECT, CITY’s role and responsibilities shall include but not be limited to the following:
a.
Administrate the grant funding
b.
Procurement of Consulting Firm
c. PROJECT
oversight
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2 d. Environmental clearance
e. Quality Assurance and Quality Control
f. Competitively bid the PROJECT
g. Construction and Construction Management
h. CITY Staff administrative time
i. Keeping COUNTY informed with PROJECT status and updates
4. With respect to said PROJECT, COUNTY’s role and responsibilities shall include but not be limited to the following:
a. Assist CITY with PROJECT issues in COUNTY’s jurisdiction as indicated in Attachment B (COUNTY Jurisdiction)
b. Assist CITY with Public Outreach issues in COUNTY Jurisdiction c. Review of Plans and Specifications within the COUNTY Jurisdiction d. COUNTY Staff will assist CITY with PROJECT
5. COUNTY shall support CITY by providing all necessary permits during all phases of PROJECT at no cost.
6. Subject to the approval of the Stockton City Council, CITY will award a contract to a consulting firm for each of the following phases: PA&ED, PS&E, and R/W. The consulting firm shall invoice CITY for any and all costs incurred under this PROJECT.
7. Subject to the approval of the Stockton City Council, CITY will award a contract to a contractor for the CON phase. The contractor shall invoice the CITY for any and all costs incurred under this PROJECT. CITY hereby represents and warrants that the letting of PROJECT contracts and construction will be done pursuant to the laws of the State of California.
8. CITY shall notify COUNTY of any change orders after plan approval, and any PROJECT cost overrun after bids are opened, within COUNTY Jurisdiction, to the improvements prior to proceeding. COUNTY shall respond in an expedited manner to not incur delay.
9. Change orders will use contingencies and be approved by the respective jurisdiction agency. Any change orders not within the scope of work shall be approved and paid in full by the respective jurisdiction agency.
10. CITY shall make available to COUNTY all documents showing all costs incurred by CITY pertaining to said WORK. All costs of the WORK including but not limited to changes shall be shared between CITY and COUNTY in the following estimated proportions:
Ninety-three percent (93%) CITY
Seven percent (7%) COUNTY
11. CITY and COUNTY agree, based on the ATP estimated cost for the PROJECT, that COUNTY’s contribution to the WORK shall be an amount not to exceed $58,450, which is seven percent (7%) of the grant matching funds of $835,000. COUNTY will pay CITY using non-federal funds of COUNTY’s choosing. CITY shall begin invoicing COUNTY following contract award by CITY to a consulting firm, pursuant to section 6 above, for COUNTY’s seven percent (7%) share of PA&ED, PS&E, and R/W phases. CITY shall not begin invoicing COUNTY for the CON phase until after contract award by CITY to a contractor, pursuant to section 7 above. All invoices shall be limited to work performed during the EXHIBIT 1
3 invoice period and contain appropriate supporting documentation of work completed.
Invoices for the CON phase shall be based upon progress payments received from the CITY’s contractor and utilize the unit costs contained in the contractor’s bid. Upon receipt and approval of invoices, COUNTY shall make payment to CITY within thirty (30) days.
12. Notwithstanding sections 10 and 11 above, each agency will be responsible for the actual costs of construction in proportion to that agency’s share of the cost for each portion of the PROJECT completed within their jurisdiction. Such actual costs may cause COUNTY’s total contribution to exceed the $58,450 described in section 11 above.
Illustration: Based on the detailed PROJECT budget, the “Striping and Pavement Markings” item is divided with CITY responsible for 60% of the cost and COUNTY responsible for 40%. If the bid price for “Striping and Pavement Markings” exceeds the engineer’s estimate or the item experiences a cost overrun, CITY and COUNTY shall be responsible for the actual costs of WORK performed for “Striping and Pavement Markings” within their respective jurisdictions.
13. In the event of cost overruns applicable to COUNTY, CITY shall invoice COUNTY and COUNTY shall pay CITY for COUNTY’s proportional cost overruns, as detailed in section 12 above. COUNTY will pay CITY using any non-federal funds of COUNTY’s choosing.
14. In the event that additional funds are needed to ensure successful completion of this PROJECT, CITY and COUNTY shall partner to request the funds to meet the prescribed time limit of the grant fund.
15. In the event that additional time is needed to ensure successful completion of this PROJECT, CITY shall request a time extension from the State of California.
16. COUNTY shall not be liable or responsible for, and CITY hereby expressly promises to indemnify, defend, and hold COUNTY harmless from any injury, damage or loss, suffered, sustained or claimed as a result of CITY’s acts or omissions under this AGREEMENT.
17. CITY shall not be liable or responsible for, and COUNTY hereby expressly promises to indemnify, defend, and hold CITY harmless from any injury, damage or loss, suffered, sustained or claimed as a result of COUNTY’s acts or omissions under this AGREEMENT.
18. Future amendments to this AGREEMENT shall be mutually agreed upon between CITY and COUNTY. CITY Manager or his designee for CITY and Public Works Director or his designee for COUNTY shall have the authority to amend this AGREEMENT by written memorandum.
19. This AGREEMENT shall terminate upon a date of WORK completion. CITY will provide COUNTY not less than thirty (30) business days written notice of the completion. IT IS MUTUALLY AGREED that, upon approval of t he parties hereto, acting by and through their authorized representatives, Exhibit “A,” shall become a part of said AGREEMENT. //
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4 IN 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.
COUNTY OF SAN JOAQUIN, CITY OF STOCKTON
political subdivision of the State of
California
By: By: ____________________________
MIGUEL A. VILLAPUDUA HARRY BLACK
Chairman, Board of Supervisors City Manager
ATTEST: RACHÉL DeBORD ATTEST:
Clerk of the Board of Supervisors By:
of the County of San Joaquin KATHERINE ROLAND, CMC, CPMC State of California Interim City Clerk of the City of Stockton
B y :
RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM:
By: By: ____________________________
FRITZ BUCHMAN, C.E., T.E., CFM LORI M. ASUNCION
Director of Public Works City Attorney
APPROVED AS TO FORM:
B y :
MATTHEW P. DACEY
Deputy County Counsel
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5 ATTACHMENT A
DESCRIPTION OF PROJECT
The City of Stockton (City) and County of San Joaquin ( County) are to assess, design, and
construct the Alpine Pershing Mendocino Bicycle-Pedestrian Connectivity project in Stockton, CA, and San Joaquin County. The goal of the project is to implement safety improvements for bicycles and pedestrians along Alpine Avenue, Pershing Avenue, and Mendocino Avenue.
No bicycle facilities currently exist on any of the roadways that are part of this project. Alpine Avenue and Mendocino Avenue currently provide two travel lanes in each direction with on-street parking. Pershing Avenue is a high-speed arterial, with five travel lanes including turn lanes in its current configuration. While sidewalks are provided throughout the corridor, high speeds can deter bicycling and walking, and multiple collisions have occurred at crossings.
The project improvements consist of the installation of Class II buffered bike lanes on Alpine Avenue from Ryde Avenue to Pershing Avenue and a Class IV two-way cycle track on Pershing Avenue and Mendocino Avenue from Alpine Avenue to Kensington Way. Substantial safety improvements will be made for both bicyclists and pedestrians at intersections, including the redesign of the intersection at Alpine Avenue and Pershing Avenue, the removal of channelized turn lanes at Alpine Avenue and Pershing Avenue, Pershing Avenue and Mendocino Avenue, and Mendocino Avenue and Kensington Way, and multiple crossing enhancements, which will consist of high visibility crosswalk markings, RRFBs, a pedestrian crosswalk refuge, and a new traffic signal at Pershing Avenue and Mendocino Avenue.
The project limits are shown on Attachment B.
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6 ATTACHMENT B
PROJECT LIMITS
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