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HomeMy WebLinkAboutReso 91-227 - Approve & Authorize teh mayor to sign an amendment to agreement (Doc No. 7036) by & between COR & State of Calif, Dept of Transportation, for the Const of State Hwy Impro, Hartnell Ave Overcrossing on Rt 5 at Post Mile R13.95 2 , RESOLUTION NO. 91- ,2�-7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING AND AUTHORIZING THE MAYOR TO SIGN AN AMENDMENT TO AGREEMENT (DOCUMENT NO. 7036) BY AND BETWEEN THE CITY OF REDDING AND THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, FOR THE CONSTRUCTION OF STATE HIGHWAY IMPROVEMENTS, NAMELY THE REPAIRING OF "UNSOUND" CONCRETE DISCOVERED DURING THE WIDENING OF THE HARTNELL AVENUE OVERCROSSING ON ROUTE 5 AT POST MILE R13.95. IT IS HEREBY RESOLVED by the City Council of the City of Redding as follows: 1. That the City Council of the City of Redding hereby approves the above-mentioned Amendment to Agreement (Document No. 7036) between the City of Redding 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. 2. That the Mayor of the City of Redding is hereby authorized and directed to sign said Amendment to 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. I HEREBY CERTIFY that the foregoing Resolution was introduced and read at a regular meeting of the City Council of the City of Redding on the 4th day of June, 1991, and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Arness, Dahl, Fulton, Moss & Buffum NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None / r NANCY B May r City of Redding ATTEST:/ F�ZRMROVED: S ETHEL A. NICHOLS, City Clerk R4DALL A. HAYS, Ci Attorney 02-Sha-5-R13 .95 02800 - 260141 Hartnell Overcrossing (Bridge No. 6-124) District Agreement No. 02D007 A/1 Document No. 7036 Page 1 of 3 AMENDMENT TO AGREEMENT This AMENDMENT TO 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 municipal corporation of the State of California, referred to herein ' as "CITY" RECITALS 1. The parties hereto entered into an Agreement (Document No. 7036) on February 6, 1990 that defined the terms and conditions of a cooperative project for the construction of STATE highway improvements consisting of widening Hartnell Avenue Overcrossing on Route 5 at Post Mile (PM) R13 .95, referred to herein as "PROJECT. " 2 . Said AGREEMENT set the STATE's total financial obligation for PROJECT equal to the cost of STATE ' s oversight of construction activities. I i Page 2 of 3 3 . During PROJECT construction, portions of the deck of the existing Hartnell Avenue overcrossing structure were determined to be "unsound" and in need of repair prior to the placement of the planned asphalt concrete overlay. CITY, with concurrence from STATE, approved a contract change order directing the contractor to repair the "unsound" concrete. 4 . CITY has requested to be reimbursed for the cost of repairing the "unsound" concrete and will submit a final billing to STATE. 5. STATE is agreeable to CITY's request for reimbursement for the cost of repairing the "unsound" concrete as being a necessarily incurred cost that is not part of CITY's responsibility to construct the PROJECT. 6. This AMENDMENT TO AGREEMENT supersedes any prior Memorandum of Understanding (MOU) relating to PROJECT. IT IS THEREFORE MUTUALLY AGREED 1. Within ninety (90) days upon receipt of final billing from CITY, STATE shall reimburse CITY for the actual cost of repairing the "unsound" deck concrete on the Hartnell Avenue Overcrossing. 2. The other terms and conditions of said AGREEMENT (Document i No. 7036) shall remain in full force and effect. 3 . This AMENDMENT TO AGREEMENT is hereby deemed to be a part of Document No. 7036. • Page 3 of 3 i STATE OF CALIFORNIA CITY OF REDDING Department of Transportation ROBERT K. BEST Director of Transportation NANCY BUFFUM, Mayor Attest: A. J. PHILLIPS .City Clerk District Director District 2 Approved As to Form and Procedure City Attorney Attorney, Dept. of Transportation Certified as to Funds and Procedure District Accoun 'ng Administrator