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HomeMy WebLinkAboutCC RESO 14,319RESOLUTION NO. 14,319 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AGREEMENT NO. 11-0318 WITH CALTRANS FOR CONSTRUCTION OF NATIONAL CITY BOULEVARD BRIDGE OVER ROUTE 54 FREEWAY/SWEETWATER RIVER BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized and directed to execute that certain Agreement No. 11-0318 with CALTRANS for construction of National City Boulevard bridge over Route 54 Freeway/Sweetwater River. PASSED and ADOPTED this 8th day of May, 1984. ATTEST: CITY CLER / 1/ 11-SD-5/54 8.6/10.1, 0.0/1.9 11208-046551 Agreement No. 11-0318 National City Blvd. at Route 54 THIS AGREEMENT, ENTERED INTO ON is between the STATE OF CALIFORNIA, acting by and through it's Department of Transportation, referred to herein as STATE, and CITY OF NATIONAL CITY a body politic and a municipal corporation of the State of California, referred to herein as CITY. RECITAL 1. STATE contemplates constructing National City Boulevard overcrossing (O.C.) structure (#57-764) over the to be constructed Route 54 freeway and Sweetwater Flood Control Channel and the CITY desires the structure to be constructed wider than the existing facility. Construction of the wider portion of the structure is referred to herein as "PROJECT". CITY and STATE desire to specify the terms and conditions under which the widening is to be constructed, financed, and maintained. 2. The existing structure is 57.5 feet wide and CITY has requested a width of 64 feet. The added 6.5 feet for the span across the flood control channel is 5.2 percent of the bridge deck area. SECTION I STATE AGREES: 1. To include in STATE's contemplated freeway construction contract, provision for construction of the PROJECT at STATE expense. 2. To prepare plans and specifications for said PROJECT at STATE expense. 3. To bear the entire cost of PROJECT advertising and contract award at STATE expense. 4. To hear all construction engineering costs for PROJECT at STATE expense. 2 5. To bear all construction costs except for those costs enumerated to be borne by CITY. 6. That the final cost charged to the CITY will be determined by multiplying the contract prices for the total amount of contract items involved in the construction of the structure including any additional or extra work attributable to the CITY'S share of the PROJECT by 5.2 percent. 7. That upon completion of PROJECT, to furnish a Final Report of Expenditures. SECTION II CITY AGREES: 1. To deposit with STATE within 30 days of receipt of billing therefor (which billing will be forwarded immediately following STATE'S bid advertising date of a construction contract), the amount of $128,000, which figure represents 5.2 percent of the total estimated cost of construction of the National City Boulevard overcrossing. 2. CITY'S actual share of costs will be based on actual construction costs for the items of work. 3. That if it is determined after completion of STATE'S contract that CITY'S actual share of costs exceeds the amount of deposit, that CITY will pay the difference between the deposit and the actual cost of CITY'S share. In the event that the actual cost is less than the deposit, STATE will refund to CITY the difference between the actual cost and the amount of deposit. SECTION III IT IS MUTUALLY AGREED AS FOLLOWS: 1.. That the provisions of this Agreement and it's execution, shall not be effective or bindin upon either CITY or STATE unless other agreements as listed below, which w 3 are considered essential to completion of PROJECT, are duly executed by STATE with the referenced agencies: AGENCY TYPE OF AGREEMENT County of San Diego Participation in cost of National City Boulevard overcrossing Corps of Engineers Flood Control Channel construction 2. That STATE reserves the right to delete or delay the work to be performed in behalf of CITY from STATE`s contract in the event payment for such work has not been received prior to commencement of such work. CITY agrees to reimburse STATE for all expenses incurred by STATE in deleting or delaying such items. 3. That obligations of STATE under terms of this Agreement are subject to the allocations of funds by the California Transportation Commission. 4. That neither STATE nor any officer or employee thereof shall be 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 delegated to CITY under this Agreement. It is also understood that, pursuant to Government Code Section 895.4, CITY shall fully indemnify and hold STATE harmless from any 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 CITY under this Agreement. 5. Neither CITY nor any officer or employee thereof shall be 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 not delegated r. • • 4 to CITY under this agreement. It is also agreed that, pursuant to Government Code, Section 895.4 STATE shall fully indemnify and hold CITY harmless from any liability imposed for injury (as defined by 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 not delegated to CITY under this agreement. 6. That, should any portion of the project be financed with Federal Funds or State Gas Tax Funds, all applicable procedures and policies relating to the use of such funds shall apply notwithstanding other provisions of this Agreement. 7. The maintenance and ownership of the structure as a whole, of which the PROJECT is a portion, is, and will be covered in other agreements between STATE and CITY. 8. That this agreement shall terminate upon completion and acceptance of PROJECT by STATE or on December 31, 1990, whichever is earlier in time. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officer, duly authorized, the provisions of which Agreement are effective as of the day, month and year first hereinabove written. STATE OF CALIFORNIA Department of Transportation LEO J. TROMBATORE Director of Transportation By District Director Of Transportation CITY OF NATIONAL CITY By Mayor Attest: City Clerk Approved as to Form and Procedure: