HomeMy WebLinkAbout64-071a~a:
III-But-3-Chc,D
C()OkTM 1!.(31iEEI~ATT
This Agreement, ode and entered into this day of
19 , by and bet*aeen the State of California, acting
by and through the Department of Public Works, Division of Higheo&ys,
hereinafter called the State, and the County of Butte, a political sub-
division, hereinafter called the County.
~zTN$ss~~H:
WHEREAS, the State contemplates improvement of a portion of State
highway known as T~egislative Route 3 by the construction of a Freeway
along new aligruaent north of the City of Chico; and
1ar#~RSAS, an unsatisfactory drainage condition exists in the area
generally between Lindo Channel. and dud Creek through which the aforesaid
proposed State highway passes, which condition subjects the area to frequent
ponding and flooding during periods of moderate to heavy rainfall; and
WHBRSAS, the County contemplates the construction of a storm
drainage system in the aforementioned area between Lindo Channel and
P~ud Creek to improve the existing unsatisfactory drainage condition and
to provide adequate drainage facilities for future development within the
area; and
WHEREAS, the County contemplates the construction of curbs, gutters
and drainage on the existing Route 3 between Lindo Channel and Shasta
Avenue; and
WHSRFAS, after the County constructs curb and gutter it will be
necessary to widen the existing pavement for the drainage to function
properly; and
WT3EREAS, the State and the County will mutually benefit from the
aforementioned storm drainage system and desire to specify herein the
responsibility of each of the respective parties;
NOW THIIREFORE, in consideration of the premises and the mutual
benefits to be derived from the performance of the work hereunder described,
the parties s.gree as follows:
ARTICLE I
In consideration of the covenants cf the County hereinafter
contained and the faithful performance thereof, the State agrees:
1. To-cause to be constructed under State contract those drainage
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structures under and across the freeway and under and across tk-a existing
R®ute ~ and those oollector ditches as shown in red on drawing entitled
"Proposed Drainage Plan, Shasta union Drainage District, of the County oP
Butte,p dated April 1962, and marked Rxhibit "A", a copy of which ie
attached arm tiaade a part of this Agreement, the actual details of the
installation to be in conformity with the plena and specifications to be
prepared by the State.
2. To acquire and decd to the County without charge all necessary
rights of way for that portion oP th® storm drainage system lying isdiately
adjacent to the r9.ght of xay 11ne of the aforesaid "proposed" State Highway
Route ~ and that portion of the storm drainage system lying between the
proposed State Highway Route 3 and the existing State Highway Route 3
as shown in red on Exhibit "A".
3. To rr~aintftin all local inl®t and collector systems xithin the
proposed State highway right of way except cross drains traversing the
full width of State highway right of way.
~, To cause to be constructed a fence between the proposed State
hight~ay right of way and the aforesaid drainage system as shown in red
on Exhibit °fi." .
5. To pay to the County, upon receipt of written notice of
completion of that portion of the storm drainage system as described in
Article SJ[, Paragraph 2, the total suan of $15,000.
6. To cause thx work as described 3.n Article I, Paragraphs 1, 2,
3 and 4 to be completed at the State's own expense.
7. To cause to be constructed under State contract the widening
of existing Route 3 to a 60-foot ~+tidth between lips of gutters between
Lindo Channel and Shasta. Avenue as shown in yellow on Exhibit 'TA" and or.
Exhibit "FS" crass se r,tion},
f3 ti?",~. 'C' f3>.~. ;~;"=~1.?Y;j_"1.:T';d S:1Ci. CO?l~trl?Ctj.C-`~ F^ i~iT7~C-I'{_17`=',. tCSt fOr
work descr~.bed in Article I, Paragraph 7, at the State's own expense.
iii
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~R~zcl,~ II
In consideration of the covenant of the State hereinbefore
contained and the faithful performance thereof, the County agrees:
1. To obtain all necessary rights of way and easements for and
co natruct nr cause to be constructed that gortion of the aforesaid storm
drainage system essentially as shown in green on the attached $xhibit "A"•
2. To obtain all necessary rights of way and easements for and
to construct or cause to be constructed that portion of the aforesaid
storm drainage system essentially as shown in orange on ~chibit "A", it
being understood that that portion of the aforesaid system, as shown in
orange, shall be completed and ready for use on or before September 1,
19b5.
3. To construct or cause to be constructed curbs, gutters and
drainage facilities to adequatelg drain that portion of existing Route 3
as sho~m in yellow on ~.hibit "A".
4. To obtain all necessary rights of way that may be required
for the construction of curb returns for local streets as shown in yellow
on Exhibit "A".
5. To construct or cause to be constructed any required fencing
to prevent any unauthorized individual or individuals from entering into
the drainage system.
6. To maintain as constructed the aforesaid system with the
exception of local inlets and collectors used expressly for roadway
drainage of the relocated State :Highway.
7. To permit and provide for the State to disci~arge into afore-
said storm drainage system any and all waters intercepted er accumulated
within the improved Mate Highway right of way, including those waters
collected by the State's freeway collector system as may be required by
the State in order to adequately drain the ~:,roposed improvements.
8. To cause or to do the work as described in Article II,
Paragraphs 1 through 6, to be completed at the CountyPs own expense.
g. To boar 5°~~ (fifty percent) of the total cost of work described
in Article I, Paragraph 7, exclusive of construction engineering. county
shall deposit the sum of $87,~JC with State prior to awa~'d by State of
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a contract for the work described in Article I, Paragraph 7. If, upon
completion of said work, County's share exceeds said deposit, County
shall promptly upon demand pay State the amount of said excess. If the
deposit exceeds County's share of said costs State ahall~promptly return
to County the amount of said excess.
10. To keep the State informed as to progress of the curb and
gutter construction in order that the State can let contract for pave-
ment widening work to start immediately after completion of curb and
gutter work.
11. To hold the State and its officers, agents and employees
harmless Prom all claims for injuries as defined in Government Code
Section 810.8, resulting from any act or omission of the County or its
Contractor, or the servants, agents or employees of the County or said
Contractor, in the conduct of work to be performed pursuant to this
Agreement.
12. To hold the State and its officers, agents, and employees
harmless from all claims for injuries or damages received by any person
or persons by or on account of changed drainage conditions resulting
from the work to be performed pursuant to this Agreement.
IN WITNESS WHEREOF, the parties hereunto have set their hands
and seals the day above first written.
Approval Recommended:
Ass s an S a e g way ng Weer
STATE OF CALIFORNIA
DEPARTPgENT OF PgBLIC WORKS
DNISION OF HIGHWAYS
J. C. WOMACK
STATE HIGHWAY ENGINEER
By
pu y a e g way ng Weer
Approval as to Form and Procedure:
THE COGNTY OF B[JTTE
By A body politic _
orney, par men o ~ c ~
~~ C
a ~r~an, oar Dupe v sors
III-But-3-Chc,D
C(lOPHRAfiT~ klf#
phis Agreement, made and entered into this day of
19 by and betgaen the State of California, acting
b' and through the Department of Public ~orka, Diaiaion of Highuayo,
hereinafter called the State, axed tt-e County of Butte, a political aub-
division, hereinafter called the County.
~tzTxgss~~x:
&IB3, the State contem~}lates itaprovement oP a portion, of State
highway known as Legislative Route 3 by the construction of a freeway
along new aliment north of the City of Chico; and
~S, an unsatisfactory drainage condition exists in the area
generally between Lindo Channel and ]9Led Creek through which the aforesaid
proposed State highway passes, which condition subjects the area to frequent
ponding and flooding during periods of moderate to heavy rainfall; and
RBA$, the County conte~le.tea the construction of a storm
drainage system in the aforementioned area bets~een Lindo Channel and
FRud Creek to improve the existing unsatisfactory drainage condition and
to provide adequate drainage facilities for future development within the
area; and
WF~R$AS, the County contemplates the construction of curbs, gutters
and drainage on the existing Route 3 between Lindo Channel and Shasta
Avenue; and
{SAS, after the County constructs curb and gutter it will be
necessary to widen the existing pavement for the drainage to function
properly; and
YldirSR~AS, the State and the County will mutually benefit from the
aforementioned storm drainage system and desire to specify herein the
responsibility of each of the respective parties;
N4bl T.~RgF4RJ3, in consideration of the premises and the mutual
benefits to be derived rrom the performance of the work hereunder described,
the parties agree as follows:
ARTICLFs I
In consideration of the covenants of the County hereinafter
contained and the faithful performance thereof, the State agrees:
1. To cause to be constructed under State contract those drainage
-2-
structures under and across the freeway and under and across the existing
Route 3 and those collector ~iitchee as shown in red on drawing entitled
"Proposed Drainage Plan, 5haata Union Drainage District, of the County of
Butte," dated April 1~2, and marked $xhibit "A", a copy of which is
attaehe8 and made a part of this Agreement, the actual details of the
installation to be in conformity with the plans and specifications to be
prepared by the State.
2. To acquire and deed to the County without charge all necessary
rights of wag for that portion oP the storm drainage system lying immediately
ad'acent to the right of way line of the aforesaid "proposed" State Highway
Route 3 and that portion of the Storm drainage system lying between the
proposed State Highway Route 3 and the existing State Highway Route 3
as shown in red on Exhibit "A".
3. To maintain all local inlet and collector systems within the
proposed State highway right of way except cross drains traversing the
fu11 width of State highway right of way.
~. To cause to be constructed a fence between the proposed State
highway right of way and the aforesaid drainage system as shown in red
on Exhibit "A".
5. To pay to the County, upon receipt of written notice of
completion of that portion of the storm drainage system as described in
Article II, Paragraph 2, the total sum of $15,000.
6. To cause the work as described in Article I, Paras~raphs 1, 2,
3 and 4 to be completed at the State's own expense.
7. To cause to be constructed under State contract the widening
of existing Route 3 to a 60-foot width between lips of gutters between
I,indo Channel and Shasta Avenue as shown in yellow on Exhibit "A" and ar.
Exhibit "B" (cross section).
8. ne2r all ~,reliminary and constru::tcr, ergineerir_~ ccst for
work described in Article I, Paragraph 7, at the State's o:on expense.
___._._1.11._... _ :..._... ,._.
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ARTICI$ iI
in consideration of the covenant of the State hereinbefore
contained and the faithful performance thereof, the County agrees:
1. 'Po obtain all necessary rights of way and easements for and
construct or cause to be constructed that portion of the aforesaid storm
drainage agatecs essentially as shown in green on the attached ~txibit "A".
2. To obtain all necessary rights of way and easements for and
to construct or cause to be constructed that portion of the aforesaid
storm drainage system essentially as shotm in orange on Sxhibi.t "A", it
being understood that that portion of the aforesaid system, as shown in
orange, shall be completed and ready for use on or before 3eptenber 1,
1965.
3. To construct or cause to be constructed curbs, gutters and
drainage facilities to adequately drain that portion of existing Route 3
as shown in yellow on Exhibit "A".
4. To obtain all necessary rights of waq that may be required
for the construction of curb returns for local streets as shown in yellow
on Exhibit "A".
5. To construct or cause to be constructed any required fencing
tp prevent any unauthorized individual or individuals frem entering into
the drainage system.
6. To maintain as constructed the aforesaid system with the
exception of local inlets and collectors used expressly for roadway
drainage of the relocated State high ray.
7. To permit and provide for the State to discharge into afore-
said storm drainage system any and all waters intercepted or accumulated
within the improved State highway right of way, including those waters
collected by the State's freeway collector system as may be required by
the State in order to adequately drain the proposed improvements.
8. To cause or to do the work as described in Article II,
Paragraphs 1 through 6, to be completed at the County's own expense.
9. To bear 50~d (fifty percent) of the total cost of work described
in Article I, Paragraph 7, exclusive of construction engineering. County
sha11 deposit the sum of $87,500 with State prior to award by State of
.. .__ ~: a~..._` .. .
''~
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a contract for the work described in Article I, paragraph 7. If, upon
completion of said cork, CauntyFa share exceeds said deposit, County
shall promptly upon demand pay State the amount of said excess. If the
deposit excesds County's share of said costa State shall promptly return
to County the ax~ount of said excess.
10. To keep the State informed as to progress of the curb and
gutter construction in order that the State can let contract for pave-
mm~t widening work to start immediately after completion of curb and
gutter work.
11. To hold the State and its officers, agents and employees
harmless from all claims for in3uriea as defined in Government Code
Section 810.$, resulting fran any act or oatiasion of the County or its
Contractor, or the servaxttg, agents or employees of the County or said
Contractor, in the conduct of work to be performed pursuant to this
Agreement.
l2. To hold the State and its officers, agents, and ee~ployees
harmless Prom all claims for in~uriss or damages received by any person
or persons by or on account of changed drainage conditions resulting
fry the work to be perforated pursuant to this Agreement.
IN WITNESS WHEREOF', the parties hereunto have set their hands
and seals the day above first written.
S'EATB OF CALIFORNIA
DSPART~iT OF PUBLIC WORKS
DIVISION OF HIGHb1AYS
Approval Reconasended:
J . C . WOI~4AACK
STATE HIGHWAY ENt~INEER
BY
Ass s n a e g way g near
pu y a e ~ g way near
Approval as to Form and Procedure:
THE COUNTY OF H[JTTE
gy A body politic
orney, par tin o c
Works
By ~ C
tnan, oar ups sots