HomeMy WebLinkAboutReso 2000-060 - Traffic Control Signal RESOLUTION NO. 2000- 6,0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING ENTERING INTO COOPERATIVE AGREEMENT NO. 02-
0030 [EA 02-346301] WITH CALTRANS FOR THE INSTALLATION OF
TRAFFIC CONTROL SIGNAL AND LIGHTING AT THE INTERSECTION
OF ROUTE 273 AND BENTON DRIVE.
BE IT RESOLVED that the City Council of the City of Redding approves entering into
Cooperative Agreement No.02-0030[EA 02-34630]between the State of California,acting by and
through its Department of Transportation,and the City of Redding,a copy of which is attached and
made a part hereof The agreement contemplates installing a traffic control signal, safety lighting,
roadwork including sidewalk, curb and gutter, and drainage modifications, and relocation and
adjustment of utilities including electric, water and sewer facilities on Route 273 "North Market
Street) at the intersection with Benton Drive, referred to as the"Project."
BE IT FURTHER RESOLVED that the Mayor is authorized to sign the agreement on
behalf of the City,as well as any supplemental agreements required to finalize the Project documents
prior to contract award; and the City Clerk is directed to attest the Mayor's signatures and impress
the official seal of the City of Redding to the necessary documents.
I HEREBY CERTIFY that the foregoing resolution was introduced, read and adopted at
a regular meeting of the City Council on the 21st day of March , 2000, by the following vote:
AYES: COUNCIL MEMBERS: McGeorge, Pohlmeyer and Anderson
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Cibula and Kight
ABSTAIN: COUNCIL MEMBERS: None
ROBERT C.ANDERSON, Mayor
Attest: Form Approved:
L•ce-L
Connie Strohmayer, City 0Ier David E. Tranberg,Assistant Ci torney
02-Sha-273-PM 17.0
Signalization at Benton Drive and Route 273
EA [03109] 02-346301
District Agreement No. 02-0030
COOPERATIVE AGREEMENT
This AGREEMENT,entered into on ,2000,is between the STATE OF
CALIFORNIA,acting by and through its Department of Transportation,referred to herein as
"STATE",and the CITY OF REDDING,a municipal corporation,referred to herein as"CITY".
RECITALS
1. STATE and CITY,pursuant to Streets and Highways Code Sections 114 and 130,are
authorized to enter into a Cooperative Agreement for improvements to State highways
within CITY.
2. STATE and CITY contemplate installing a traffic control signal,safety lighting,roadwork
including sidewalk,curb and gutter,and drainage modifications,and relocation and
adjustment of utilities including electric,water and sewer facilities on Route 273(North
Market Street)at the intersection with Benton Drive,referred to herein as"PROJECT".
3. STATE and CITY desire to specify the terms and conditions under which"PROJECT"is to
be engineered,constructed,financed,and maintained.
SECTION I
STATE AGREES:
1. To provide all necessary preliminary engineering,including plans and specifications and utility
identification and location,and advertise,award and administer the construction contract for
PROJECT.
2. To construct PROJECT by contract in accordance with plans and specifications of STATE.
3. To maintain the traffic control signal(s)and safety lighting as installed and pay fifty percent(50%)
of the maintenance costs.
4. To operate the traffic control signal(s)as installed and pay one hundred percent(100%)of the
operation cost.
5. To pay fifty percent(50%)of the electrical energy costs for the traffic control signal(s)and safety
lighting.
6. That upon completion and acceptance of the PROJECT construction contract,to accept all right,title
and interest and incorporate,pursuant to Section 83 of the Streets and Highways Code,into the
STATE Highway right of way system that portion of existing CITY right of way as shown on
Exhibit A,attached and made part of this Agreement.
Page 1 of 4
District Agreement No. 02-0030
SECTION II
CITY AGREES:
1. To deposit with STATE within twenty-five(25)days of receipt of billing(which billing will be
forwarded 15 days prior to STATE's bid advertising date of a construction contract for PROJECT),
the amount of$ 200` , which figure represents the lump sum total amount of CITY's agreed
to share of the cost of PROJECT to be performed by STATE on CITY's behalf pursuant to this
Agreement.
2. To make all arrangements to provide the construction contractor with permits to enter and
construct on lands inside of CITY's right of way in the event that such permits are necessary to
accommodate construction of PROJECT and to certify in a form satisfactory to STATE that such
permits have been obtained.
3. To reimburse the STATE for CITY's proportionate share of the cost of maintenance of traffic control
signal(s)and safety lighting,such share to be an amount equal to 50%of the total maintenance
costs,including electrical energy costs.
4. That upon completion and acceptance of the PROJECT construction contract by STATE,that
portion of existing CITY right of way as shown on Exhibit A will be incorporated,pursuant to
Section 83 of the Streets and Highways Code,into the STATE Highway right of way.
SECTION III
IT IS MUTUALLY 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. In the construction of said IMPROVEMENT, STATE will furnish a representative to perform the
functions of a Resident Engineer,and CITY may,at no cost to STATE,furnish a representative,if it
so desires,and said representative and Resident Engineer will cooperate and consult with each
other,but the decisions of STATE's Resident Engineer shall prevail as final,binding and inclusive in
all matters concerning the PROJECT construction contract.
3. Execution of this Agreement by CITY grants to STATE the right to enter upon CITY owned lands to
construct PROJECT.
4. Upon completion of all work under this Agreement,ownership and title to all signal and lighting
related equipment and appurtenances,including detector loops in pavement,will be vested in
STATE.Ownership and title to all non-signal related materials,equipment and appurtenances
installed within STATE's right of way will automatically be vested in STATE and all non-signal
related equipment and appurtenances installed outside of STATE's right of way will automatically
be vested in CITY. No further agreement will be necessary to transfer ownership as hereinabove
stated.
5. Upon completion and acceptance of the PROJECT construction contract by STATE,STATE will
accept control of and maintain,at its own cost and expense,those portions of PROJECT lying within
STATE's right of way,except utility facilities owned by the CITY.
Page 2 of 4
District Agreement No. 02-0030
6. Upon completion and acceptance of the PROJECT construction contract by STATE,CITY will
accept control and maintain,at its own cost and expense, the portions of PROJECT lying outside of
the STATE's right of way.
7. 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 CITY under or in connection with
any work,authority or jurisdiction delegated to CITY under this Agreement. It is understood and
agreed that,pursuant to Government Code Section 895.4,CITY 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 CITY under or
in connection with any work,authority or jurisdiction delegated to CITY under this Agreement.
8. Neither CITY 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 CITY 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.
9. This Agreement shall terminate upon completion and acceptance of the construction contract for
PROJECT by STATE and final disposition of CITY's required deposit as specified in Section II,
Article(1)above,or on December 1,2003,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.
10. This Agreement and all attachments hereto constitute the entire agreement between the parties.
There are no understandings,agreements,representations or warranties,express or implied,not
specified in this Agreement and/or attachments thereto. The parties,by the execution of this
Agreement,acknowledge that they have read this Agreement and all attachments hereto,
understand them,and agree to be bound by their terms and conditions.
Page 3 of 4
District Agreement No. 02-0030
STATE OF CALIFORNIA CITY OF REDDING
DEPARTMENT OF TRANSPORTATION
JOSE MEDINA
Director of Transportation
By: ROBERT ANDERSON,Mayor
By: THOM NIESEN,Director Attest:
District 2 CONNIE STROHMAYER,City Clerk
Approved as to form and procedure: Approved as to form and procedure:
j\il c.j E_ ___
Attorney DAVID E.TRANBERG
Department of Transportation Assistant City Attorney
City of Redding
Certified as to Financial Terms and Conditions:
Accounting Administrator
Page 4 of 4
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