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HomeMy WebLinkAboutCC RESO 13,527RESOLUTION NO. 13,527 RESOLUTION AUTHORIZING EXECUTION OF AGREE- MENT BETWEEN CITY OF NATIONAL CITY AND STATE OF CALIFORNIA BE IT RESOLVED by the City Council of the City of National City, that the Mayor is hereby authorized and directed to execute, and the City Clerk is author- ized to attest, that certain agreement between the City of National City and State of California for the improve- ment of 24th Street at I-5. PASSED AND ADOPTED this loth day of March, 1981. 11-SD-5 R10.0 11209-189321 AGREEMENT NO. 11-4154 24th STREET AT ROUTE 5 THIS AGREEMENT, ENTERED INTO ON 198 IS BETWEEN CITY OF NATIONAL CITY, a body politic and a municipal corporation of the State of California, referred to here- in as "CITY" AND STATE OF CALIFORNIA acting by and through its Department of Transporta- tion, referred to herein as "STATE' RECITAL 1, There exists an unsatisfactory drainage condition within the 24th Street inter- change with Interstate Route 5 which has resulted in frequent and periodic flooding causing damage to the pavement on 24th Street. 2. CITY desires to raise the street grade of 24th Street and Wilson Avenue to improve the drainage condition. 3. CITY has raised the elevation of an existing railroad bridge to provide vertical clearance above 24th Street to accommodate the proposed work. 4. Raising 24th Street would require the connecting Route 5 northbound on and off -ramp to be reconstructed to match the new street grade. 5. and the connecting roadways by the STATE and CITY will mutually benefit from the raise in grade of 24th Street improvement of the drainage and pavement condition, referred herein as "PROJECT". 6. The scope of the work is shown in Exhibit A, attached and made part of this agreement, and the estimate of cost is shown in Exhibit B, attached and made a part of this agreement. 7. STATE and CITY mutually desire struction of the aforesaid improvements conditions under which said improvements to cooperate and jointly participate in con - and desire to specify herein the terms and shall be constructed, financed and maintained. SECTION I CITY AGREES: 1. To provide plans and specifications for the reconstruction of 24th Street easterly of Engineers Station 16+50 and Wilson Avenue, and to incorporate STATE furnished plans and specifications into a combined construction contract. for the PROJECT and to pay the entire expense thereof. 2. To advertise, award, and administer the PROJECT the expense thereof, said share shall bear the same ratio to awarding and administering the PROJECT as CITY'S share to the total construction cost of CITY'S contract. and to pay CITY'S share of the total cost of advertising, of construction costs bears 3. To construct the PROJECT by contract in accordance with the plans and specifications of CITY. 3 4. To pay CITY'S share of construction costs required to complete the work. Said share shall be 100% of the cost for the reconstruction of 24th Street and Wilson Street. 5. To pay CITY'S share of costs for construction engineering services (including all direct and indirect costs (functional and administrative overhead assessment) attributable to such work, applied in accordance with STATE'S standard accounting procedures). Said share shall bear the same ratio to the total cost of construction engineering for the PROJECT as CITY'S share of construction costs hear to the total construction cost of CITY'S contract. 6. To determine the requirements of the National Environmental Policy Act and the California Environmental Quality Act whichever is applicable and to prepare any reports which are determined to be necessary in order to be in compliance therewith. CITY shall process and distribute said reports in accordance wtih provisions of the appropriate Act, and to transmit a copy of the approved environmental document to STATE. 7. To acquire all necessary right of way as may be required for PROJECT and to certify to STATE that such property rights have been acquired prior to CITY'S bid advertising date of a construction contract for. said project, and to pay the costs required to complete the right of way acquisition. 8. To acquire all necessary clearances or permits for the construction of said PROJECT as required from the San Diego and Arizona Eastern Railway. 9. To maintain that portion of 24th Street within the STATE right of way upon completion of the construction work. 4 SECTION II STATE AGREES: 1. To deposit with CITY, promptly upon execution of this agreement 135i STATE and upon billing therefor, the amount of $73,000, which figure represents STAjTE'S total estimated share of expense of construction, advertising for bids, awarding and administration of contract required to complete PROJECT, less CITY'S total estimated share of the cost of construction engineering for the PROJECT. 2. To design, prepare and furnish to CITY plans and specifications for the following reconstruction work: a. 24th Street westerly of Engineers Station 16+50 b. 24th Street interchange storm drainage system. c. Route 5 northbound on- and off -ramp to 24th Street. 3. To pay the entire cost of the design and preparation of said plans and specifica- tions to be furnished to CITY. 4. To pay STATE'S share of construction costs required to complete the work at an estimated cost of $125,000; but in no event shall STATE'S total obligation for construction costs under this agreement exceed the amount of $133,750; provided that STATE may, at its sole discretion, in writing, authorize a greater amount. Said share shall be 100% of the cost for the reconstruction of the Route 5 northbound on- and off -ramp to 24th Street and 100% of the cost for the reconstruction of the drainage system. 5. To pay STATE'S share of the cost for the CITY to advertise, award and administer the PROJECT. Said share shall bear the same ratio to the total cost of advertising, awarding and administering the PROJECT as STATE'S share of the construction costs bears to the total construction cost of CITY'S contract. 6. To provide construction engineering services required to complete the PROJECT, and to pay STATE'S share of costs for construction engineering services (including all direct and indirect costs (functional and administrative overhead assessment) attributable to such work applied in accordance with STATE'S standard accounting procedures). f Said share shall bear the same ratio to the total cost of construction engineering or the PROJECT as STATE'S share of construction costs bear to the total construction cost of CITY'S contract. SECTION III IT IS MUTUALLY AGREED AS FOLLOWS: 1. All obligat ions of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the allocation of resources by the California Transportation Commission. 2. That CITY shall not award a contract for the work until after receipt of STATE'S deposit required in Section II(1). 3. 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 not delegated to STATE under this agreement. It is also agreed that, pursuant to Government Code Section 895.4 CITY shall fully indemnify and hold STATE harmless from any liability 6 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. 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 delegated to STATE 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 delegated to STATE under this agreement. 5. Should any portion of the PROJECT be financed with Federal -aid highway funds or State gas tax funds ail applicable procedures and policies relating to the use of such funds shall apply notwithstanding other provisions of this agreement. 6. After opening of bids STATE'S estimate of cost will be revised based on the bid prices. STATE'S required deposit under Section 11(1) above will be increased or decreased to match said revised estimated. If deposit increase or decrease is less than $1,000 no refund or demand for additional deposit will be made until final accounting. 7. That, in the construction of said work, STATE will furnish a representative to perform the functions of a Resident Engineer, and CITY may, at no cost to STATE, furnish a representative, if it so desires, and that said representative and Resident Engineer will cooperate and consult with each with each other, but the decisions of STATE'S engineer shall prevanl on work within STATE'S right of way. 7 8. That maintenance of all improvements constructed under this agreement shall be performed by STATE and CITY in accordance with provisions of that certain freeway Maintenance Agreement within the City, and/or any subsequent amendment thereto. 9. If existing public and/or private utilities conflict with the construction of the PROJECT, CITY will make all necessary arrangements with the owners of such utilities for their protection, relocation or removal. CITY will inspect the protection, relocation or removal of such utilities. If there are costs of such protection, relocation or removal, which STATE and CITY must legally pay, CITY will bear the entire expense thereof. 10. That this Agreement can be modified, altered or revised with the written consent of both parties. 11. That this Agreement shall terminate upon completion and acceptance of PROJECT by STATE and CITY or on December 1, 1982, whichever is earlier in time; however, the ownership and maintenance clauses shall remain in effect until terminated in writing by mutual agreement. STATE OF CALIFORNIA Department of Transportation ADRIANA GIANTURCO Director of Transportation By District Director CITY OF NATIONAL CITY To/;7 Exis/ • 24 th Streef 24 0.40' A.C. 0.60' C.T.B. 2% e vari--a- Imioor/ed 6ranu/ar f� Material Exist. Sea/ Exis/ P.C.C. Pvm'f— TYPICAL SECTION' 24th ST. and NB RAMPS I1-SD-5-RI0.0 IN NATIONAL CI1 1 1209 -189321 PLAN 8c PROF PROJECT REPORT NO. 80029 22 23 P. C. C. Curb) Guffer and Sidewalk Exisfin9 Refoinin Wol/ (He/9ht Variable) CTION B RAMPS I I-SD-5-R10.0 NATIONAL CITY 1 1209 - 1 89321 AN & PROFILE DRT NO. 80029 EXHIBIT A I II ul IZLI4 t J Q :xi 9 street 24 fh 1- 75 El. 9.08 -0.69% 50 4-50 E/. 7.17 J ONO •E i 4-1 15— PART/CIPATI 11 s PLAN SCALE :1 41 1/40 N Proposed Profile 200 v.c• $ °�� 4 3 -1.59/o Existing Prof(. r _—�_ (+0 2% /°) 15OJ V C i1, � �- I Lc, 14 1 I I II II it-1----1 II0 11 1 II II 11 ti ll _ f 2 --- 15 t0 0 5 > J SCALE:VERTICAL l=5 w = o HORIZONTAL III 50' it II — — rl1 ti z5o Ih + 4- (- 8. /2%)-)N� PROFILE 12 S AM 0 N . 13 14 EXHIBIT "B" 11-SD-5 COST i i'IMATE CITY STATE SHARE SHARE TOTAL Work by State Preparation of plans & specifications $ 30,000 $ 30,000 Construction engineering $ 54,000 18,000 72,000 Work by City Prepare plans & specifications $ 40,000 $ 40,000 Advertise, award & administer 6 000 2,000 8,000 contract ' Construction contract 385,000 125,000 510,000 (xxx)*0 (xxx) Right of Way Utility clearance 0 0 0 Total $485,000 $175,000 $660,000 000 Note: S ate'stof maxsmum sharetate's �of construction cost0= 25, 000+7%7=, $133,750. *City will beresponsible for the right of way costs.