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Home My WebLink AboutCC RESO 15,351RESOLUTION NO. 15,351 RESOLUTION OF 'ME CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AGREEMENT WITH CALTRANS FOR CONSTRUCTION OF A 66" STORM DRAIN IN NATIONAL CITY BOULEVARD BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized and directed to execute an agreement with Caltrans for the construction of a 66" storm drain in National City Boulevard (see Exhibit "A" of Agreement). PASSED and ADOP'19 this 7th day of July, 1987. .r George . 9 Waters, Mayor ATTEST: Campbell, City lerk APPROVED AS TO FORM: George H. Eiser, III -City Attorney KIMBAL LS SLEGlY15ION MAP Imo. 9 Zs a N CLEANouT 3AH1A VISTA MAP NO. 181.5 54' R.C. P. 'MAIN '.C.P. TO otrTHLAND INDUSTTIA ?ARK UNIT NO.1 ! ,1AP NO 5792 SMITH A. PLA_ ITS SUBDIVISION MIAP NO: 1043 11.1 Q 1 J at'os VIL TACT MA{ P NO. 1067 (. 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I187 Ff d�'66iE'CP Go M FLZTi o tJ - Ca//ions/Cofp s a/'Angr /C, % 49�o Es//mofed 'i/y.s Co /: 8/25,, OM '67`6'BCJPJ CITY OF NATIONAL CITY CITY OF CHULA VISTA PLAT 11-SD-5,54 PM 8.7/10.5, L0.0/0.9 11208-046554 National City Agreement No. 11-0352 THIS AGREEMENT, ENTERED INTO ON is between the STATE OF CALIFORNIA, acting by and through its Depart- ment of Transportation, referred to herein as STATE, and CITY OF NATIONAL CITY, a body politic and a municipal corpor- ation of the State of Califor- nia, referred to herein as CITY RECITALS 1. STATE is constructing an interchange and freeway contract on Route 54 at Route 5 in San Diego County. Storm drain construction in National City Boulevard in the City of National City is a por- tion of that contract. 2. CITY has requested STATE to construct an additional storm drain facility within National City Boulevard, herein referred to as PROJECT, and has agreed to pay the additional costs which ex- ceed the work planned for the original contract. SECTION 1 STATE AGREES: 1. To issue a contract change order to STATE'S Construction Contract No. 11-046554, to provide for installation of 66-inch reinforced concrete pipe connecting to CITY'S storm drain facility in National City Boulevard, as shown on Exhibit "A" attached and made a part of this Agreement, and to maintain cost records ade- quate to separate CITY'S portion of costs. 2. To prepare all plans and specifications required to construct the PROJECT. 3. To maintain all those facilities constructed pursuant to this Agreement which lie within the STATE right of way at this loca- tion. 4. Upon completion of the aforesaid construction contract, to furnish CITY with a detailed statement of construction costs re- quired to complete the aforementioned PROJECT, and to refund to CITY any amount of CITY'S deposit as provided for hereinafter in Section II, Article 1, remaining after the actual costs to be borne by the CITY have been deducted or to bill the CITY for any additional amount required to complete CITY'S financial obligation pursuant to this Agreement. SECTION II CITY AGREES: 1. To deposit with STATE, within 15 days of receipt of billing therefor (which billing will be forwarded immediately following STATE'S approval of a contract change order for improvements re- ferred to herein), the amount of $128,000, which figure represents the estimated amount of CITY'S agreed to share of the cost of work to be performed on CITY'S behalf pursuant to this Agreement. 2. To make all arrangements to provide STATE'S contractor with permits to enter and construct on lands outside of the STATE right of way in the event that such permits are required to accommodate construction of improvements referred to herein, and to certify in a form satisfactory to STATE, prior to STATE'S approval of contract change order for improvement referred to herein, that such permits have been obtained. 3. To maintain all those facilities constructed pursuant to this Agreement which lie outside the STATE right of way in National City Boulevard. 4. To identify and locate all above ground and underground util- ities including high and low risk facilities within the PROJECT area; and protect, provide for, or relocate such utilities; all in accordance with the applicable sections of the Streets and High- ways Code, applicable Master Contract between utility owners and the STATE, and with STATE'S "Policy on High and Low Risk Under- ground Facilities Within Highway Rights of Way". Costs of loca- ting, identifying, protecting or otherwise providing for such high and low risk facilities shall be distributed and borne by the CITY for that portion outside STATE right of way. CITY hereby acknowl- edges the receipt of STATE'S "Policy on High and Low Risk Under- ground Facilities Within Highway Rights of Way". SECTION III IT IS MUTUALLY AGREED: 1. That all obligations of STATE under the terms of this Agree- ment are subject to the appropriation of resources by the Legisla- ture and the allocation of resources by the California Transporta- tion Commission. 2. That upon completion of all work under this Agreement, owner- ship and title to materials, equipment and appurtenances installed inside the STATE'S right of way will automatically be vested in the STATE, and those installed outside of the STATE'S right of way will automatically be vested in CITY and no further Agreement will be necessary to transfer ownership as hereinabove stated. 3. That 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 not delegated to STATE under this Agreement. It is also understood and agreed that pur- suant to Government Code Section 895.4 CITY shall fully indemnify and hold STATE harmless from any damage or liability imposed for injury (as defined by 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 not delegated to STATE under this Agreement. 4. That the CITY'S portion of construction costs for the storm drain work will be the total of the actual amount paid by STATE to STATE'S contractor for pipeline work between approximate Stations 4 + 74 and 9 + 50 of Drainage Unit 48 as shown on Exhibit A. Said work shall be performed under Contract Change Order in accordance with provisions of STATE'S construction contract relative to force account. Said cost shall be determined in accordance with the appropriate sections of STATE'S Standard Specifications and is estimated to be $128,000, as shown on Exhibit B, attached and made a part of this Agreement, which reflects a reduction to the total cost due to credit for work under original contract which is replaced by CITY'S portion of PROJECT. 5. That this Agreement shall terminate upon completion and acceptance of PROJECT by STATE and final disposition of CITY'S required deposit as specified in Section II, 1 above or on Decem- ber 31, 1989 whichever is earlier in time; however, the ownership and maintenance clauses shall remain in effect until terminated by mutual agreement. Should any construction related claim arising out of this PROJECT be asserted against STATE, CITY agrees to extend the termination date of this Agreement and provide addi- tional funding as required to cover CITY'S share of costs or exe- cute a subsequent agreement to cover those eventualities. STATE OF CALIFORNIA CITY OF NATIONAL CITY Department of Transportation LEO J. TROMBATORE Director of Transportation By District Director Approved as to Form and Procedure By Mayor Att Attorney, Department of Transportation Approved as to Funds and Procedure City Clerk District Accounting Officer .17-7.ms■w- r—" EXHIBIT B COST ESTIMATE 11-SD-5/54 11-046554 National City Agreement No. 11-0352 National City portion of Drainage Unit 48 to be constructed at Force Account. 66-inch RCP 476 1.f. @ $275 $130,900 Minor Concrete 8.47 c.y. @ $600 5,082 Manhole 1 ea. @ $2,000 2,000 Manhole Cover 330 lb. @ $2 660 Subtotal $138,642 10% Contingency 13,864 Total $152,506 r Amount of work under original contract to be credited to NATIONAL CITY <24,416> Total $128,090 Call Deposit $128,000