HomeMy WebLinkAboutReso 91-156 - Approve & Authorize the mayor to sign cooperative agreement No. 02206-260551 by & between the COR, County of Shasta, State of Calif, through its Dept of Transportation, for Const of Shasta View Dr/SR44 Interchange a
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING AND AUTHORIZING THE MAYOR TO SIGN COOPERATIVE
AGREEMENT NO. 02206 - 260551 BY AND BETWEEN THE CITY OF
REDDING, THE COUNTY OF SHASTA, AND THE STATE OF CALIFORNIA,
THROUGH ITS DEPARTMENT OF TRANSPORTATION, FOR CONSTRUCTION
OF THE SHASTA VIEW DRIVE/SR44 INTERCHANGE (PROJECT) .
IT IS HEREBY RESOLVED by the City Council of the City of Redding
as follows:
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1 . That the City Council of the City of Redding hereby
approves Cooperative Agreement No. 02206 - 260551 between the City of
Redding, the County of Shasta, and the State of California, acting by
and through its Department of Transportation, a true copy of which is
attached hereto and incorporated herein by reference.
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2 . That the Mayor of the City of Redding is hereby authorized
and directed to sign said Agreement on behalf of the City of Redding;
and the City Clerk is hereby authorized and directed to attest the
signature of the Mayor and to impress the official seal of the City
of Redding thereto.
3 . That the Director of Public Works of the City of Redding is
jhereby authorized and directed to sign any supplemental agreements
required to finalize the Project documents prior to contract award.
{ I HEREBY CERTIFY that the foregoing Resolution was introduced
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and read at a regular meeting of the City Council of the City of
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Redding on the 16th day of April 1991 , and was duly adopted at said
meeting by the following vote:
AYES: COUNCIL MEMBERS: Arness, Dahl, Fulton, Moss and Buffum
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
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I NANCY,B F UM, yor
City :of Redding
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ATTEST:
' ETHEL A. NICHOLS, City Clerk
FO PPROVED:
R DALL A. HAYS, City Attorney
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02-Sha-44-R1. 6/R2 . 6
02206 - 260551
Shasta View Drive Interchange
District Agreement No.
COOPERATIVE AGREEMENT
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This AGREEMENT entered into on , 1991 is between
the STATE OF CALIFORNIA, acting by and through its Department of
Transportation, referred to herein as STATE, and
CITY OF REDDING a body
politic and a municipal
corporation of the State of
California, referred to
herein as CITY
and
COUNTY OF SHASTA
a political subdivision of
the State of California,
referred to herein as
COUNTY
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RECITALS
1) STATE, CITY and COUNTY pursuant to Streets and Highways Code
Section 130, are authorized to enter into a Cooperative Agreement
for improvements to State highways within CITY.
2) STATE, CITY and COUNTY desire State highway improvements
consisting of an Interchange on Route 44 at the intersection of
Shasta View Drive referred to herein as "PROJECT". PROJECT will be
funded entirely by STATE except for a portion of the Right of Way
required for PROJECT which lies along an existing City. Street and
County Road.
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3) COUNTY owns property which it purchased for the purpose of
constructing PROJECT.
4) County wishes to deed it's parcel to STATE for PROJECT.
5) Since the estimated costs to CITY and COUNTY for PROJECT and
the value of the COUNTY parcel and the work to be done by CITY are
reasonably equal, the deeding of this parcel by COUNTY to STATE and
CITY's work will cover CITY and COUNTY total obligations for
PROJECT.
6) STATE is agreeable to accept the COUNTY parcel, which shall be
i free and clear of any liens or encumbrances, and CITY's work as set
forth in Section II of this agreement as total payment for CITY and
COUNTY obligations for PROJECT.
7) This Agreement supersedes any prior Memorandum of Understanding
(MOU) relating to PROJECT.
8) The parties hereto desire to specify herein the terms and
conditions under which PROJECT is to be designed, constructed,
financed and maintained.
SECTION I
COUNTY AGREES•
(1) To deed clear title to the COUNTY owned parcel deeded to
STATE for the purpose of meeting CITY and COUNTY obligations for
PROJECT.
SECTION II
CITY AGREES:
(1) To acknowledge that COUNTY currently owns the parcel
which lies within CITY.
(2) To accept relinquishment of any existing and future
roadways within the PROJECT area which will be incorporated into
the CITY roadway system and over which STATE will not retain access
control.
(3) To exert all effort to manage regional traffic during
construction of PROJECT, including accelerating the design and
construction of traffic signals at Victor Avenue and State Highway
44 and the extension of Shasta View Drive North to Old Alturas
Road.
(4) CITY will accept control and maintain, at it's own cost
and expense, the portions of PROJECT lying outside the STATE right
of way. Also, CITY will maintain, at CITY expense, local roads
within STATE's right of way delegated to CITY for maintenance and
remaining portions of the structure (vehicular crossing) , including
' the deck surface and above.
SECTION III
STATE AGREES
(1) To fund one hundred (100) percent of all capital outlay
costs, including right of way acquisition, utility relocation,
preliminary engineering, right of way overhead and construction
engineering costs, including but not limited to, costs for
preparation of contract documents and advertising and awarding a
construction contract for PROJECT.
(2) To advertise, award and administer the construction
contract for PROJECT.
(3) To accept deed of the COUNTY owned parcel and CITY's work
as set forth in Section II above as CITY and COUNTY total
contribution for PROJECT.
(4) To relocate and reconstruct that portion of Tarmac Road,
as shown on Exhibit A, which requires relocation due to the
construction of PROJECT.
(5) To relinquish to CITY any existing and future roadways
within the PROJECT area which will be incorporated into the CITY
roadway system and over which STATE will not retain access control.
(6) If any public and/or private utilities conflict with the
construction of PROJECT, STATE will make all necessary arrangements
with the owners of such utilities for their protection, relocation,
or removal. STATE will inspect the protection, relocation, or
removal. If any protection, relocation or removal is required, such
work will be performed in accordance with STATE policy and
procedure.
(7) Upon completion and acceptance of the PROJECT
construction contract by STATE, STATE will accept control of and
maintain, at it's own cost and 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 (vehicular overcrossing) below the deck surface.
SECTION IV
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i IT IS MUTUALLY AGREED
(1) All obligations of STATE under the terms of this
i Agreement are subject to the appropriation of resources by the
legislature and the allocation of resources by the California
Transportation Commission.
(2) The existing freeway agreement need not be revised.
(3) Caltrans will prepare a maintenance agreement defining
responsibilities of CITY and STATE on future maintenance costs of
PROJECT.
(4) Neither STATE or any officer or employee thereof is
responsible for any damage or liability occurring by reasons of
anything done or omitted to be done by CITY or COUNTY under or in
connection with any work, authority or jurisdiction delegated to
CITY or COUNTY under this Agreement . It is understood and agreed
that, pursuant to Government Code Section 895.4, CITY and COUNTY
shall defend, indemnify and save harmless the State of California,
all officers and employees from 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
I anything done or omitted to be done by CITY or COUNTY under or in
connection with any work, authority or jurisdiction delegated to
CITY or COUNTY under this Agreement.
(5) Neither CITY, COUNTY 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 STATE under or in connection
with any work, authority or jurisdiction delegated to SATE under
this Agreement. It is understood and agreed that, pursuant to
Government Code Section 895.4 STATE shall defend, indemnify and
save harmless the CITY and COUNTY 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.
(6) This Agreement shall terminate upon completion and
acceptance of the construction contract for PROJECT, or on July 1,
1994 , whichever is earlier in time.
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(EL:wb\3-902)
STATE OF CALIFORNIA CITY OF REDDING
Department of Transportation
ROBERT K. BEST
Director of Transportation
By
(Mayor)
By
Attest:
(City Clerk)
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Approved as to form and procedure
COUNTY OF SHASTA
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Attorney, Department of Transportation
By
Certified as to funds and procedure (Chairman, Board of
Supervisors)
District Accounting Officer Attest:
(Clerk of the Board
of Supervisors)
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