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HomeMy WebLinkAboutCC RESO 13,039RESOLUTION NO. 13,039 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, COVERING PARTICIPATION IN THE WIDENING OF DIVISION STREET 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 authorized to attest, that certain agreement between the City of National City and the State of California through its Department of Transportation, covering participation in the widening of Division Street. PASSED AND ADOPTED this 8th day of May, 1979 MAYOR ATTEST: 11-SD-805 11.1 11212-189131 DIVISION STREET AT ROUTE 805 AGREEMENT NO. 11-4139 THIS AGREEMENT, ENTERED INTO ON , 19 IS BETWEEN AND CITY OF NATIONAL CITY a body politic and a municipal corporation of the State of California, referred to herein as "CITY" STATE OF CALIFORNIA acting by and through its Department of Transportation, referred to herein as "STATE" WITNESSETH: WHEREAS, CITY contemplates the widening of Division Street easterly of Interstate Route 805; and WHEREAS, Division Street westerly of Interstate Route 805 is a four -lane facility; and WHEREAS, CITY has requested STATE to widen the portion of Division Street lying within the right of way of Interstate Route 805 to provide a uniform width street; and WHEREAS, STATE desires and is willing to pay the cost of widening the portion of Division Street lying within the right of way of Interstate Route 805; and 4-25-79,p.j. WHEREAS, it is in the mutual and best public interest that the section of Division Street within the right of way of Interstate Route 805 and the section easterly of Interstate Route 805 be constructed as one project; and WHEREAS, CITY and STATE do mutually desire to cooperate and jointly participate in construction of the aforesaid improvements and desire to specify herein the terms and conditions under which said improvements shall be constructed, financed and maintained. SECTION I CITY AGREES: 1. 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 with provisions of the appropriate Act, and to transmit a copy of the approved environmental document to STATE. 2. To prepare plans and specifications for said combined project. Plans and specifica- tions for the work to be performed for STATE shall be submitted to STATE for review and approval prior to advertisement of a contract for the project. 3. To bear the entire cost of preparing said plans and specifications. 4. To cause the combined project to be constructed pursuant to laws governing CITY, said work to be accomplished through construction with construction contractor licensed by the State of California, and completed in conformity with plans and specifications of CITY, and to the satisfaction of and subject to the approval by STATE. 5. To identify and locate all high and low risk underground facilities within the project area and protect or otherwise provide for such facilities, all in accordance with STATE's "Policy on High and Low Risk Underground Facilities Within Highway Rights of Way". -2 Costs of locating, identifying, protecting or otherwise providing for such high and low risk facilities shall be borne by CITY. CITY hereby acknowledges the receipt of STATE's "Policy on High and Low Risk Underground Facilities Within Highway Rights of Way" and agrees to construct the project in accordance with such Policy. 6. To bear the construction costs required to complete the work except for those costs specifically stated in Section II to be borne by STATE. 7. To provide construction engineering services, and to bear the costs for said construction engineering services, except for those costs specifically stated in Section II to be borne by STATE. 8. To grant to STATE, or its representative, the right, at no cost to CITY, to inspect construction of the facilities as they progress, and to be present at any final inspection of such facilities. SECTION II STATE AGREES: 1. To bear the cost of the construction items as shown on EXHIBIT "A" dated March 15, 1979, attached hereto and made a part hereof. Said construction items represent an estimate of the work to be performed for STATE and upon completion of the work will be adjusted to reflect the final cost (actual quantities times prices bid) for construction items performed for STATE. It is estimated that STATE's share for construction items is $56,100.00. The STATE's actual share will be the construction cost of the work performed for STATE as designated on said EXHIBIT "A". 2. To bear STATE's share of costs for construction engineering services, said share shall bear the same ratio to the total cost of the construction engineering for the 3 • project as STATE's share of construction costs bears to the total construction cost of CITY's contract. It is estimated that STATE's share of construction engineering cost will be $7,300.00. 3. To deposit with CITY, subsequent to allocation of funds by the California Trans- portation Commission, and upon receipt of billing therefor, the sum of $63,400.00, which figure represents STATE's estimated proportionate share of construction, con- struction engineering and overhead costs required for completion of said project. Actual costs to be borne by STATE will be determined upon completion of CITY's construction contract, but in no event shall STATE's total contribution exceed $72,900.00 unless provided for in a subsequent Agreement between CITY and STATE. SECTION III IT IS MUTUALLY AGREED AS FOLLOWS: 1. That obligations of STATE under the terms of this Agreement are subject to allocation of resources by the Legislature and 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. 3. That upon completion of all work under this Agreement, ownership and title to materials, equipment and appurtenances which are installed within STATE's right of way will automatically be vested in the STATE, and materials, equipment and appurten- ances installed outside of STATE's right of way will automatically be vested in the CITY, and no further agreement will be necessary to transfer ownership as hereinabove stated. 4. That upon the completion of all work under this Agreement, the CITY will assume maintenance and the expense thereof for all improvements constructed outside of 4 STATE's right of way. 5. That maintenance of all improvements constructed within STATE's right of way pursuant to this Agreement shall be performed in accordance with provisions of that certain Agreement between CITY and STATE for maintenance of State highways within the CITY executed by CITY on April 6, 1976, and by STATE on May 17, 1976, and/or any subsequent amendment thereto. 6. 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. 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 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 of jurisdiction not delegated to STATE under this Agreement. 8. Neither CITY nor any officer or employee thereof, is responsible for any damage or liability occurring 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. 9. If existing public and private utilities conflict with the construction of the Project, CITY will make all necessary arrangements with the owners of such utilities for their -5 removal or relocation. CITY will inspect the removal or relocation of such utilities. If there are no existing provisions for removal or relocation of utilities between CITY and/or STATE and the owners of such utilities, CITY will bear the entire cost of said removal or relocation of utilities. 10. If upon opening of bids, it is found the amount deposited by STATE is in excess of the cost of the work on the basis of bid prices plus contingency items, expense of construction engineering, administration and overhead costs, the balance remaining shall be promptly refunded by CITY to STATE. If however, the cost of the work exceeds the amount deposited by STATE, STATE will promptly, upon receipt of claim therefor, pay its portion of the amount of said excess to CITY. If the excess in either case is less than one thousand dollars ($1,000), no refund or demand for additional deposit will be made until final accounting. 11. If, upon opening bids, it is found that a cost overrun not exceeding 6% of the estimate will occur, CITY may award the contract. 12. If upon opening bids, it is found that a cost overrun exceeding 6% of the estimate will occur, STATE and CITY shall endeavor to agree upon an alternative course of action. 13. That this Agreement can be modified, altered or revised with the written consent of both parties hereto. STATE OF CALIFORNIA CITY OF NATIONAL, CITY Department of Transportation ADRIANA GIANTURCO By Director of Transportation By District Director Mayor EXHIBIT "A" March 15, 1979 ESTIMATE OF CONSTRUCTION COSTS TO BE BORNE BY STATE UNIT STATE ITEM DESCRIPTION UNIT QUANTITY PRICE COST Roadway Excavation CY 875 $ 8.00 $7,000 Remove Curb do Gutter LF 159 3.00 477 Rmove A.C. Berm LF 130 1.00 130 Remove P.C.C. Sidewalk SF 775 1.20 930 Asphalt Concrete TON 605 22.00 13,310 Aggregate Base TON 825 20.00 16,500 Seal Coat SF 3,273 0.05 164 8" P.C.C. Curb LF 1,073 7.00 7,511 3i" P.C.C. Sidewalk SF 720 1.75 1,260 Curb Inlet EA 1 1,500.00 1,500 Curb Outlet EA 1 2,000.00 2,000 Adjust Manhole EA 1 175.00 175 51,000 Contingencies 5 100 56,100 Construction Engineering 7,300 $63,400