HomeMy WebLinkAboutReso 95-036 - Approve & Authorize the Mayor to sign Cooperative Agreement No 02F661 by & Between the COR, The Redding Redevelopment Agency, & The State of Calif, Dept of Transportion, for the S Bonnyview/I5 Interchange RESOLUTION NO. 95- 34p
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING AND AUTHORIZING THE MAYOR TO SIGN COOPERATIVE
AGREEMENT NO. 02F661 BY AND BETWEEN THE CITY OF REDDING,
THE REDDING REDEVELOPMENT AGENCY, AND THE STATE OF
CALIFORNIA, DEPARTMENT OF TRANSPORTATION, FOR THE SOUTH
BONNYVIEW/INTERSTATE 5 INTERCHANGE IMPROVEMENTS.
WHEREAS, the City of Redding (City) , the Redding Redevelopment
Agency (Agency) , and the State of California (State) , pursuant to
Streets and Highways Code Sections 114 and 130, are authorized to
enter into Cooperative Agreements for improvements to State highways
within the City of Redding; and
WHEREAS, the City, the Agency, and the State desire State
highway improvements on Interstate 5 at the South Bonnyview Road
Interchange between the intersections of Alrose Lane and Bechelli
Lane in the City of Redding, as more particularly set forth in the
Cooperative Agreement attached hereto and made a part hereof; and
WHEREAS, by entering into said Agreement, the Agency and the
State would share in the costs of the improvements, and the City
would administer the contract and maintain the City' s improvements;
and
WHEREAS, approval of this Agreement will allow the construction
of this much-needed project to proceed in the summer of 1995;
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the
V
City of Redding that it is in the best interests of the City of
Redding to enter into Cooperative Agreement No. 02F661.
W
i
BE IT FURTHER RESOLVED that the Mayor of the City of Redding is
hereby authorized to sign said Agreement on behalf of the City; and
the City Clerk is hereby directed to attest the signature of the
Mayor and to impress the official seal of the City of Redding
thereto.
I HEREBY CERTIFY that the foregoing Resolution was introduced,
read, and adopted at a regular meeting of the City Council on the
-7 th day of February , 1995 , by the following vote:
AYES: COUNCIL MEMBERS: P. Anderson, Kehoe, McGeorge, Murray and R. Anderson
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
�J
Y04��—
R BERT C. ANDERSON, Mayor
City of Redding
ATTEST:
CONNIE STROHMAYEWCity Clerk
FORM APPROVED:
AL/&L/ff
r
DOUGLA H. CALKINS
Interim City Attorney
2
i
02-Sha-5-R11 . 7/R12 . 7
02801 287511
South Bonnyview/
Churn Creek Road
Interchange Reconstruction
District Agreement No . 02F661
COOPERATIVE AGREE4 NT
This AGREEMENT entered into on 1995, 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,
hereinafter referred to as
"CITY"
AND REDDING REDEVELOPMENT AGENCY,
a public corporation,
referred to herein as
"AGENCY"
s
02-Sha-5-R11 . 7/R12 . 7
02801 - 287511
South Bonnyview/
Churn Creek Road
Interchange Reconstruction
District Agreement No. 02F661
RECITALS
1 . STATE, AGENCY and CITY, pursuant to Streets and Highways Code
Section 114 and 130, are authorized to enter into a Cooperative
Agreement for improvements to State highways within the City of
Redding.
2 . STATE, AGENCY and CITY desire State highway improvements on Route 5
at the South Bonnyview Road Interchange between the intersections
of Alrose Lane and Bechelli Lane in the City of Redding, referred
to herein as PROJECT and consisting of two State-Local
Transportation Partnership Programs (SLTPP) and one State Minor A
Program that are identified as :
SLTPP SB95 5068 (012)
A. Churn Creek Road/South Bonnyview Road structure widening,
B. South Bonnyview Road widening and overlay,
SLTPP SB95 5068 (013)
A. Signalization of South Bonnyview at one on- and off-ramp
and Churn Creek Road.
District 02 Minor A
A. North and south bound off-ramp widening,
B. Overlaying the off-ramps,
C. Signalization of South Bonnyview at one on- and off-ramp.
3 . This Agreement supersedes any prior Memorandum of Understanding
(MOU) relating to PROJECT.
4 . Funds contributed to PROJECT by STATE according to this Agreement
are from District 02 Minor A funds and are to remain separate from
all other funds .
5 . Right-of-Way activities of said PROJECT are the subject of a Right-
of-Way Services Agreement, No. 02F619, executed November 01, 1994 .
6 . The parties hereto intend to define herein the terms and conditions
under which PROJECT is to be constructed, financed and maintained.
2
j � •
02-Sha-5-R11 . 7/R12 . 7
02801 - 287511
South Bonnyview/
Churn Creek Road
Interchange Reconstruction
District Agreement No . 02F661
SECTION I
AGENCY AGREES :
1 . To provide all necessary plans and -specifications and utility
identification and location for PROJECT and bear AGENCY' s share of
the actual expense thereof .
2 . Personnel who prepare the PS&E and right of way maps shall be
available to STATE, at no cost to STATE, through completion of
construction of PROJECT to discuss problems which may arise during
construction and/or to make design revisions for contract change
orders .
3 . To apply for necessary encroachment permits in accordance with
STATE' s standard permit procedures for required work within State
highway rights of way, including performing surveys and other
activities required to construct PROJECT.
4 . 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 High and
Low Risk Underground Facilities Within Highway Rights of Way" .
AGENCY hereby acknowledges receipt of STATE' s "Manual on High and
Low Risk Underground Facilities Within Highway Rights of Way" .
5 . To identify and locate all utility facilities within the PROJECT
area as part of its PROJECT design responsibility. All utility
facilities not relocated or removed in advance of construction
shall be identified on the PROJECT plans and specifications .
6 . To advertise and award the construction contract for PROJECT in
accordance with requirements of the State Contract Act and the
California Labor Code, including its prevailing wage provisions .
Workers employed in the performance of work contracted for by
AGENCY, and/or performed under encroachment permit, are covered by
provisions of the Labor Code in the same manner as are workers
employed by STATE' s Contractors .
7 . To require that the construction contractor furnish both a payment
and performance bond in AGENCY' s name, with both bonds complying
with the requirements set forth in Section 3-1 . 02 of STATE' s
current Standard Specifications .
3
r
02-Sha-5-R11 . 7/R12 . 7
02801 - 287511
South Bonnyview/
Churn Creek Road
Interchange Reconstruction
District Agreement No . 02F661
8 . To construct PROJECT in accordance with plans and specifications of
AGENCY to the satisfaction of and subject to the approval of STATE .
9 . Construction within the existing or ultimate STATE right of way
shall comply with the requirements in STATE' s Standard
Specifications and PROJECT Special Provisions, and in conformance
with methods and practices specified in STATE' s Construction
Manual .
10 . To pay an amount equal to 9001 of the of actual PROJECT construction
cost, estimated to be $2 , 341, 000, but in no event shall AGENCY' s
obligation for PROJECT construction costs under this Agreement,
excluding costs referred to in Section IV, Article 19, exceed the
amount of $2 , 575, 000 ; provided that AGENCY may, at its sole
discretion, in writing, authorize a greater amount .
11 . To submit a billing in the amount of $266, 000 to STATE immediately
following AGENCY' s bid advertising date of a construction contract
for PROJECT. Said billing represents STATE share of the total
estimated cost of construction for the Minor A Program portion of
PROJECT.
12 . To consult with STATE on all change orders with an estimated cost
of over $10, 000 before implementation, except when necessary for
the safety of motorists and/or pedestrians or for the protection of
property or when a right of way easement and/or acquisition is
required.
13 . Upon completion of PROJECT and all work incidental thereto, to
furnish STATE with a detailed statement of the portion of
construction costs to be borne by STATE, including resolution of
any construction related claims which have been allowed to the
construction contractor. AGENCY thereafter, shall refund to STATE,
promptly after completion of AGENCY' s audit, any amount of STATE
deposits required in Section III, Article 1 remaining after actual
costs to be borne by STATE have been deducted, or to bill STATE for
any additional amount required to complete STATE' s financial
obligations pursuant to this Agreement, subject to the limitations
of STATE' s participation as stipulated in Section III, Article 1 .
14 . To submit a final report of expenditures to STATE within 120 days
after completion and acceptance of the PROJECT construction
contract by AGENCY.
4
02-Sha-5-R11 . 7/R12 . 7
02801 - 287511
South Bonnyview/
Churn Creek Road
Interchange Reconstruction
District Agreement No. 02F661
15 . Within 120 days following the completion and acceptance of the
PROJECT construction contract, to furnish STATE a complete set of
acceptable full-sized film positive reproducible As-Built plans and
all contract records, including survey documents and microfilm copy
of all structure plans .
16 . If AGENCY terminates PROJECT prior to completion of the
construction contract for PROJECT, STATE may require AGENCY at
AGENCY' s expense, to return right of way to its original condition
or to a condition of acceptable permanent operation. If AGENCY
fails to do so, STATE reserves the right to finish PROJECT or place
PROJECT in satisfactory permanent operation condition. STATE will
bill AGENCY for all actual expenses incurred and AGENCY agrees to
pay said expenses within thirty (30) days or STATE, acting through
the State Controller, may withhold an equal amount from future
apportionments due CITY from the Highway User Tax Fund.
17 . 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
CITY AGREES :
1 . To administer the construction contract for PROJECT in accordance
with requirements of the State Contract Act and the California
Labor Code, including its prevailing wage provisions . Workers
employed in the performance of work contracted for by AGENCY,
and/or performed under encroachment permit, are covered by
provisions of the Labor Code in the same manner as are workers
employed by STATE' s Contractors . CITY shall obtain applicable wage
rates from the State Department of Industrial Relations and shall
adhere to the applicable provisions of the State Labor Code.
Violations shall be reported to the State Department of Industrial
Relations .
5
02-Sha-5-R11 . 7/R12 . 7
02801 - 287511
South Bonnyview/
Churn Creek Road
Interchange Reconstruction
District Agreement No. 02F661
2 . Contract Administration procedures shall conform to the
requirements set forth in STATE' s Construction Manual, Local
Programs manual and the Encroachment Permit for construction of
PROJECT.
3 . To furnish, subject to approval of STATE, a field site
representative, who is a licensed Civil Engineer in the State of
California, to perform the functions of a Resident Engineer. If
the PROJECT plans and specifications were prepared by a private
engineering company, the Resident Engineer shall not be an employee
of that company. The Resident Engineer shall also be independent
of the construction contractor.
4 . To furnish qualified support staff, subject to approval of STATE,
to assist the Resident Engineer in, but not limited to,
construction surveys, soils and foundation tests, measurement and
computation of quantities, testing of construction materials,
checking shop drawings, preparation of estimates and reports,
preparations of As-Built drawings, and other inspection and staff
services necessary to assure that the construction is being
performed in accordance with the plans and specifications . Said
qualified support staff shall be independent of the design
engineering company and construction contractor, except that the
PROJECT designer may check the shop drawings, do soils foundation
tests, test construction materials, and do construction surveys .
5 . To account for all PROJECT costs to be paid for by STATE pursuant
to this AGREEMENT.
6 . To reimburse STATE for CITY' s proportionate share of the cost of
maintenance of ramp traffic control signals and safety lighting,
such share to be an amount equal to 500 of the total maintenance
costs, including electrical energy costs .
6
02-Sha-5-R11 . 7/R12 . 7
02801 - 287511
South Bonnyview/
Churn Creek Road
Interchange Reconstruction
District Agreement No. 02F661
SECTION III
STATE AGREES :
1 . To deposit with AGENCY within twenty (20) days of receipt of
billing the amount of $266, 000 . Said figure represents STATE' s
estimated share of the expense of construction required to complete
the Minor A Program portion of PROJECT. STATE' s total obligation
for said anticipated Minor A Program portion of PROJECT costs,
exclusive of claims and excluding costs referred to in Section IV,
Article 19 of this Agreement, shall not exceed the amount $300, 000 .
2 . STATE' s share of the construction cost estimated to be $266, 000
shall be an amount equal to 10% of the total actual construction
cost, including the cost of construction-related claims, the cost
of AGENCY defense of any of those claims, as determined after
completion of work and upon final accounting of costs .
3 . To pay AGENCY upon completion of all work and within twenty (20)
days of receipt of a detailed statement made upon final accounting
of costs therefor, any amount over and above the aforesaid advance
deposit required to complete STATE' s financial obligation pursuant
to this Agreement, provided that STATE' s total obligation does not
exceed the amounts as stipulated in Article 1 of this Section III,
exclusive of utilities referred to in Section IV, Article 19 of
this Agreement .
4 . To issue at no cost to AGENCY and AGENCY' s contractor, upon proper
application by AGENCY and by AGENCY' s contractor, the necessary
encroachment permits for required work within State highway right
of way, as more specifically defined in Articles 5, 6 , 7 and 8 of
Section IV of this Agreement .
5 . To provide, at no cost to AGENCY, a qualified STATE representative
who shall have authority to accept or reject work and materials or
to order any actions needed for public safety or the preservation
of property and to assure compliance with all provisions of the
encroachment permits issued to AGENCY and AGENCY' s contractor.
6 . To provide any "State-furnished material" as shown on the plans for
PROJECT and as provided in the Special Provisions for PROJECT.
7
02-Sha-5-R11 . 7/R12 . 7
02801 - 287511
South Bonnyview/
Churn Creek Road
Interchange Reconstruction
District Agreement No . 02F661
7 . To maintain the entire ramp traffic control signals and safety
lighting as installed and pay an amount equal to 50a of the total
maintenance costs, including electrical energy costs .
8 . To operate the ramp traffic control signals as installed and pay
one hundred percent (1000) of the operation cost .
SECTION IV
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 . All obligations of AGENCY under the terms of this Agreement are
subject to the appropriation of resources by the AGENCY' s Board of
Directors .
3 . Should AGENCY award a contract for PROJECT prior to the allocation
of resources by the California Transportation Commission, there is
no guarantee of STATE' s participation and AGENCY shall assume all
risks thereof .
4 . 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 .
5 . Construction by AGENCY of improvements referred to herein which lie
within STATE highway rights of way or affect STATE facilities,
shall not be commenced until AGENCY' s original contract plans
involving such work and plan for utility relocations have been
reviewed and approved by signature of STATE' s District Director for
District 2 , or the District Director' s delegated agent, and until
an encroachment permit to AGENCY authorizing such work has been
issued by STATE.
8
02-Sha-5-R11 . 7/R12 . 7
02801 - 287511
South Bonnyview/
Churn Creek Road
Interchange Reconstruction
District Agreement No . 02F661
6 . AGENCY shall obtain aforesaid encroachment permit through the
office of State District 2 Permit Engineer and AGENCY' s application
shall be accompanied by five (5) sets of reduced construction plans
of aforesaid STATE approved contract plans . Receipt by AGENCY of
the approved encroachment permit shall constitute AGENCY' s
authorization from STATE to proceed with work to be performed by
AGENCY or AGENCY' s representatives within proposed STATE rights of
way or which affects STATE facilities, pursuant to work covered by
this Agreement . AGENCY' s authorization to proceed with said work
shall be contingent upon AGENCY' s compliance with all provisions
set forth in this Agreement and said encroachment permit .
7 . AGENCY' 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 AGENCY' s contractor for said encroachment permit
shall be made through the office of State District 2 Permit
Engineer and shall include proof said contractor has payment and
performance surety bonds covering construction of PROJECT.
8 . STATE shall provide AGENCY a right of way certification prior to
the granting of said encroachment permit by STATE to certify that
legal and physical control of rights of way were acquired in
accordance with applicable State and Federal laws and regulations .
9 . AGENCY shall not advertise for bids to construct PROJECT until
after an encroachment permit has been issued to AGENCY by STATE,
nor shall AGENCY award a contract to construct PROJECT until after
receipt of STATE' s deposit required in Section III, Article 1 of
this Agreement .
10 . AGENCY' s construction contractor shall maintain in force, until
completion and acceptance of the PROJECT construction contract, a
policy of Contractual Liability Insurance, including coverage of
Bodily Injury Liability and Property Damage Liability in accordance
with Section 7-1 . 12 of State Standard Specifications . Such policy
shall contain. an additional insured endorsement naming STATE, its
officers, agents and employees as additional insured. Coverage
shall be evidenced by a Certificate of Insurance in a form
satisfactory to STATE which shall be delivered to STATE before the
issuance of an encroachment permit to AGENCY' s contractor.
9
02-Sha-5-R11 . 7/R12 . 7
02801 - 287511
South Bonnyview/
Churn Creek Road
Interchange Reconstruction
District Agreement No. 02F661
11 . After opening of bids for construction of PROJECT, STATE' s estimate
of cost will be revised based on actual bid prices . STATE' s
required deposit under Section III, Article 1 of this Agreement
will be increased or decreased to match said revised estimate . If
deposit increase or decrease is less than $1000, no refund or
demand for additional deposit will be made until final accounting.
12 . After opening bids for construction of PROJECT, and if bids
indicate a cost overrun of no more than 2090 of the estimate will
occur, AGENCY may award the contract .
13 . If, upon opening bids, it is found that a cost overrun exceeding
200-o of the estimate will occur, AGENCY 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 15 of this Section IV.
14 . Prior to award of the construction contract for PROJECT, STATE may
terminate this Agreement by written notice, provided that STATE
pays AGENCY for STATE' s portion of PROJECT-related costs incurred
by AGENCY prior to termination and such costs are not to exceed
expenditures of $30, 000 .
15 . If termination of this Agreement is by mutual agreement, STATE will
bear 10% of all costs incurred prior to termination, with total
costs not to exceed $30, 000 .
16 . In the construction of said work, CITY will furnish a
representative to perform the functions of a Resident Engineer and
STATE may, at no cost to AGENCY or CITY, furnish a representative,
if it so desires, to ensure conformance of work to STATE' s
standards . Said representatives of CITY and STATE will cooperate
and consult, and all work pursuant to PROJECT shall be accomplished
according to approved plans, specifications and applicable STATE
standards . Satisfaction of these requirements shall be verified by
the STATE representative. The STATE representative is authorized
to enter CITY' s property during construction for the purpose of
monitoring and coordinating construction activities .
10
02-Sha-5-R11 . 7/R12 . 7
02801 - 287511
South Bonnyview/
Churn Creek Road
Interchange Reconstruction
District Agreement No. 02F661
17 . Changes to PROJECT plans and specifications shall be implemented by
contract change orders in accordance with Section I, Article 12 . ,
All changes affecting property or parcels without a Right-of-Way
Agreement and all major changes as defined in STATE' s Construction
Manual shall be approved by STATE in advance of performing the
work. Unless otherwise directed by the STATE representative,
changes authorized as provided herein will not require an
encroachment permit rider. All changes shall be shown on the As-
Built plans referred to in Section I, Article 15 of this Agreement .
18 . AGENCY shall provide a claims process acceptable to STATE and shall
process any and all claims through AGENCY' s claim process . The
STATE representative will be made available to AGENCY to provide
advice and technical input in any claim process .
19 . If any existing public and/or private utilities conflict with
PROJECT construction or violates STATE' s encroachment policy, STATE
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 AGENCY 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 15 of this Agreement .
20 . If any unforeseen potential hazardous waste sites are encountered
during construction of PROJECT, STATE, AGENCY and CITY shall meet
and confer on a course of action. The responsibilities and costs
for any action shall be covered by amendment to this Agreement .
21 . Pursuant to the authority contained in Section 591 of the Vehicle
Code, STATE has determined that within such areas as are within the
limits of PROJECT and are open to public traffic, CITY shall comply
with all the requirements set forth in Divisions 11, 12 , 13 , 14,
and 15 of the Vehicle Code . CITY shall take all necessary
precautions for safe operation of CITY' s vehicles, the construction
contractor' s equipment and vehicles and/or vehicles of personnel
retained by CITY and for the protection of the traveling public
from injury and damage from such vehicles or equipment .
11
02-Sha-5-R11 . 7/R12 . 7
02801 - 287511
South Bonnyview/
Churn Creek Road
Interchange Reconstruction
District Agreement No . 02F661
22 . Upon completion and acceptance of the PROJECT construction contract
by AGENCY to the satisfaction of the STATE representative and
subsequent to the execution of a maintenance agreement, STATE will
accept control and maintain, at its own expense, those portions of
PROJECT lying within STATE' s right of way, except local roads
delegated to CITY for maintenance. STATE will maintain, at STATE
expense, the entire structure below the deck surface of any CITY
local road overcrossings .
23 . CITY will accept control and maintain, at its own cost and expense,
the portions of PROJECT lying outside STATE' s right of way. Also,
CITY will maintain at CITY' S expense, local roads within STATE' s
right of way delegated to CITY for maintenance, and remaining
portions of any local road overcrossing structures, including the
deck surface and above, as well as all traffic service facilities
that may be required for the benefit or control of CITY' S local
road traffic .
24 . The cost of any engineering or maintenance referred to herein in
this Agreement shall include all direct and indirect costs
(functional and administrative overhead assessment) attributable to
such work, applied in accordance with STATE' s standard accounting
procedures .
25 . Upon completion of all work under this Agreement, ownership and
title to materials, equipment and appurtenances installed within
STATE' s right of way will automatically be vested in STATE, and
materials, 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 herein above
stated.
26 . Nothing in the provisions of this Agreement is intended to create
duties or obligations to or rights in third 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.
12
02-Sha-5-R11 . 7/R12 . 7
02801 - 287511
South Bonnyview/
Churn Creek Road
Interchange Reconstruction
District Agreement No. 02F661
27 . Neither STATE nor any officer or employee thereof is responsible
for any damage or liability occurring by reasons of anything done
or omitted to be done by AGENCY or CITY under or in connection with
any work, authority or jurisdiction delegated to AGENCY and/or CITY
under this Agreement . It is understood and agreed that, pursuant
to Government Code Section 895 .4 AGENCY and/or 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 AGENCY or CITY under or in
connection with any work, authority or jurisdiction delegated to
AGENCY and CITY under this Agreement .
28 . Neither AGENCY, 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 AGENCY and 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 .
29 . Those portions of this Agreement pertaining to the construction of
PROJECT shall terminate upon completion and acceptance of the
construction contract for PROJECT by AGENCY with concurrence of
STATE, or on June 30 , 1998, 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 AGENCY, 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 .
30 . Prior to award of a construction contract for PROJECT, AGENCY may
terminate PROJECT and this Agreement in writing.
13
02-Sha-5-R11 . 7/R12 . 7
02801 - 287511
South Bonnyview/
Churn Creek Road
Interchange Reconstruction
District Agreement No . 02F661
STATE OF CALIFORNIA
Department of Transportation REDDING REDEVELOPMENT AGENCY
JAMES W. VAN LOBEN SELS By:
Director of Transportation Chairman
By: Approved as to Form:
District Director
Agency Attorney
Approved as to Form and
Procedure :
Attest :
Agency Secretary
Attorney,
Department of Transportation
Certified as to Procedure CITY OF REDDING
By
Accounting Officer Mayor
Certified as to funds Approved as to Form:
District Resource Manager Attorney, City of Redding
Attest :
City Clerk
14