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HomeMy WebLinkAboutCC RESO 11,222RESOLUTION NO. 11,222 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR PARTICIPATION IN CONSTRUCTION BETWEEN THE CITY OF NATIONAL CITY AND THE STATE DEPARTMENT OF TRANSPORTATION BE IT .RESOLVED by the City Council of the City of National City, California, that the Mayor is hereby authorized and directed to execute, and the City Clerk is authorized to attest, that certain "Agreement for Participation in Construction of the North Leg of the Westerly Connection between the Route 5/54 Interchange and Tidelands Avenue" between the City of National City and the State Department of Transportation. PASSED AND ADOPTED this 20th day of November, 1973. ATTEST: THIS AGREEMENT IS HEREBY MADE AND ENTERED INTO THIS DAY OF , 19 BY AND BETWEEN AND 11-SD-5,54 8.6-10.1; 0.0-1.9 11208-046521 DISTRICT AGREEMENT NO. 11-0115 The CITY OF NATIONAL CITY, a body politic and a municipal corporation of the State of California, hereinafter re- ferred to as "CITY" The STATE OF CALIFORNIA, acting •by and through its Business and Transportation Agency, Department of Transportation, hereinafter referred to as "STATE" W I T N E S S E T Ht WHEREAS, The United States Government, in cooperation with STATE, has undertaken, the design and construction of a flood control channel known as the Sweetwater River Flood Control Channel between Interstate Route 805 and San Diego Bay, and WHEREAS, a portion of the proposed flood control channel is along the alignment adopted by the California Highway Commission for construction of State Route 54 Freeway, including interchanges with Interstate Routes 5 and 805, and C--6,11-1 5-73 WHEREAS, the San Diego Unified Port District contemplates con- struction of Tidelands Avenue west of and parallel to Interstate Route 5, and WHEREAS, in cooperation with STATE and the Port District, the Cities of Chula Vista and National City contemplate construction of road- ways extending westerly from the Interstate Route 5/54 interchange to connect to Tidelands Avenue, and WHEREAS, the extension of the aforesaid roadways would serve future industrial and recreational traffic needs, and WHEREAS, the Port District and the Cities of Chula Vista and National City have respectively, by formal resolution, requested STATE to construct the portion of Tidelands Avenue crossing the channel and the connecting roadways between the Interstate Route 5/54 interchange and Tidelands Avenue, all of which work shall col- lectively be referred to hereinafter as "PROJECT", And WHEREAS, pursuant to prior agreement, STATE has agreed to acquire the rights of way for PROJECT and CITY agreed to bear the entire costs of said rights of way acquired by STATE, and WHEREAS, it is now the desire of CITY and STATE to agree upon the terms, conditions and extent to which CITY will participate in the design, construction, financing and maintenance of PROJECT; NOW, THEREFORE, in consideration of the covenants and conditions herein contained, the parties hereto agree as follows: SECTION I STATE AGREES: 1. To include in STATE'S contemplated freeway construction con- tract, provision for construction of the improvements for which estimated quantities for the various contract items are listed on Exhibit "A" dated August 1, 1973, attached hereto, and by this reference made a part of this Agreement, and as illustrated on Exhibit "B" dated March 15, 1973, attached hereto and by this reference made a part of this Agreement. 2. To prepare plans and specifications for said improvements. 3. To bear -the entire cost of preparing said plans and speci- fications except for those costs enumerated to be borne by CITY. 4. To bear all other construction costs and construction engin- eering costs except for those costs enumerated to be borne by CITY. 5. To submit plans for the proposed improvements to CITY for review and approval prior to advertisement of STATE'S construc- tion project. 6. To accept full control and responsibility for maintenance for the portion of roadway constructed at CITY expense, but lying within the limits of access control as shown on Exhibit "B". 7. That the final cost charged to CITY will be determined by using the actual quantities computed on completion of STATE'S contract for the items listed on Exhibit "A", multiplied by the contract unit prices for said items, plus supplemental work and any additional or extra work attributable to CITY'S share of PROJECT. 8. That upon completion of PROJECT, to furnish CITY a Final Report of Expenditures and a set of "As Built" plans. - 3 SECTION II CITY AGREES: 1. To bear its share of the cost for preliminary engineering, including all direct and indirect charges, at a fixed rate of 8 percent of the construction cost of the contract items listed on Exhibit "A", plus supplemental work and any additional or unforseen work attributable to CITY'S share of project except that if due to unforseen circumstances, STATE is unable to construct PROJECT, CITY will pay STATE an amount equal to 8 percent of the estimated construction cost, shown on Exhibit "A" as "Subtotal Contract Items", for preliminary engineering. 2. To bear its share of costs for construction engineering, including all direct and indirect charges, at a fixed rate of 10 percent of the construction cost of the contract items listed on Exhibit "A", plus sunplemental work and any additional or unforseen work attributable to CITY'S share of PROJECT. 3. To bear a share of the cost for the item "Mobilization" contained in STATE'S contract. Said share of cost shall be a sum bearing the same proportion to the cost of the "Mobilization" item in STATE'S contract as CITY'S share of construction costs bears to STATE'S total construction costs, less the item for "Mobilization". 4. That CITY'S share of cost for the item of "clearing and grubbing" shall be 1.5 percent of STATE'S contract item cost for "clearing and grubbing". Said percentage is in the same ratio that the area to be cleared and grubbed for CITY bears to the total area to be cleared and grubbed for STATE'S entire project. 5. That CITY'S share of cost for the item of "develop water supply" shall be 2.4 percent of STATE'S contract item cost for "develop water supply". Said percentage is in the same ratio that the embankment to be placed as compacted fill for CITY bears to the total embankment to be placed as compacted fill for STATE'S entire project. 6. That CITY'S share of cost for the item of "finishing roadway" shall be 1.5 percent of STATE'S contract item for "finishing road- way". Said percentage is in the same ratio that the length of road- way to be finished for CITY bears to the total length of roadway to be finished for STATE'S entire project. 7. That the final share of construction costs charged to CITY shall be determined by using the actual quantities computed on completion Of•STATE' S Contract for the items listed on Exhibit "A", m 1;_ip1iea by the -contract unit prices for said items, plus supplemental work and any additional or unforseen work attributable to CITY'S share of PROJECT. It is estimated that CITY'S share of cost including preliminary and construction engineering is $418,900.00. 8. To deposit with STATE within 30 days after advertisement of the project and upon demand therefor, the sum of $418,900.00. In the event the actual cost is less than said deposit, STATE will refund the difference between the actual cost and the amount of the deposit by CITY. In the event the actual cost exceeds said deposit, CITY will pay the difference between the amount of said deposit and the actual cost. of CITY'S share. SECTION III IT IS MUTUALLY UNDERSTOOD AND AGREED: 1. That the provisions of this Agreement and its execution, not be effective or agreements pletion of PROJECT, are duly Agencies: AGENCY Port District binding upon either CITY or STATE unless as listed belowwhich are shall other considered essential to com- executed by STATE with the referenced TYPE OF AGREEMENT 1. Right of Way and Utility 2. Construction City of Chula Vista 1. Right of Way and Utility 2. Construction 2. That STATE reserves the right to delete or delay any items of work to be performed on 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 tends of this Agreement are subject to the allocation of funds by the California Highway 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 Agrement. It is also understood and 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 or jurisdiction delegated to CITY under this Agreement. 5. That neither CITY 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 STATE under or in connec- tion with any work, authority or jurisdiction not delegated to CITY under this Agreement. It is also understood and 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 '?one by STATE under or in connection with any work, authority or jurisdiction not dele- gated 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 not- withstanding other provisions of this Agreement. 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 R. J. DATEL State Highway Engineer By District Director of Transportation CITY OF NATIONAL CITY- . BY'/_0tjl/ Mayor/ AtteS' t• z CC1 ty Clerk Approved as to Form yam.-._.�--, ,�•_ and City Attozney U ocedur-: STATE OF CALIFORNIA .DEPARTMENT OF TRANSPORTATION... PRELIMTNARY...ES.TIMATC SEGREGATED ESTIMATE FOR NATIONAL CITY PARTICIPATION . SHEET 1. OF 3, PATE. AUG... 011 ..1973._ . _EX H.IBIT_ . A __ITEM ITEM ITEM DESCRIPTION UNIT QUANTITY ITEM TOTAL NOS . C(DE.._ • PL.LC-.E_ 1..__.,160.101..._.CLEAR1N.G.._AN!?.._CR11Dl3LNG.._ PRO RATA SHARE 2.,_.1454RL19:5+.010..__, 2 __ 1.70.1.0.1.. _. DE.VELOPYJAT..C'R--SUPPLY ._._. _._ . _ .. PRO RATA SHARE 1, 399,.40 1 r 399, QQ 3 _ 1901.0.1_. _ROADFIAY._.EXCAVATIQN CY 24,638 :40_ 91855R20__- _4 .1.980_50 _EMBANKMENT .C.Y .106,_919. . .86 • 91f 950.34 202001 COMMERCIAL FERTILIZER -- ----- TON 0,5 2.00. 00 __lOQ #_(?n. 6 203008 STRAW TON 7.5 12.5.00, 937.50 204044 SEED - LB 374 �5 93f 50-- _._08.... 3nPLASTIC PIPE SUPPLY LINE) _......_..__ _.._ .._ .. 208306.. .8." AS.©E..STO.S-GEMEN.L..I'_1P..E (CONDUI_T_).:. LE_ .55 _4._00 220.00 P).:ELIMINA{.c.Y ESTI.MATF... OF COST_ _ _ SEGREGATED ESTIMA1E FOR NATIONAL CIIY PARTICIPAT.IUN-_ IrLM - ITEM ITEM DESCRIPTION UNIT QUANTITY ITEM -------- - NO. CODE TO(41z- --. ---. ... PRI GE_ 10 2 20 101 FIISHING ROADWAY PRO RATA SHARE____-___---1.05.11a._______--105 ..L10 _. 11 250401 CLASS 4 AGGREGATE SUBBASE GY-_..1..�2.3.1._4�_4.4f3.50-- 12 _ 260201. CLASS _2.-_AGGREGAT,E._BASE_. __.13 .._210002 CEMENT TREATED BASE (ROAD-MIXED,GLASS_ B) 14... 2-70061 _ L.I.QU. ID_ ASPHALT ,_..MC2BQ.._(CURING _.SEAL_) _.CY . 54... 4.. 0.0 216.D0._.. CY 3i4....7.02,.9 B.60 TON 2.7 60.00 .162._00____ ___L.5 .. 374008 .ASPHALTIC EMULSION (FOG SEAL COAT AND TON 1.3 60.00 78.Ofl_- PAINT BINL)ER) ._.-..: 16 90301._..AGGREGATE (TYPE t3_ ASPHALT CONCRETE} TON ..........,..._.._ 7..3.Q___ .._5 438.50-- t ASPHAL7:,_CONCR.E T.l.}._.. 434 5 __ . 30. D0._. 18 394001 PLACE ASPHALT CONCRETE DIKE LE 25.- — �' _ 66001 MOOD (ROADSIDE SIGN) MFBM 0.4 11800.00 0 Z70.00 2 0 800360 CHAIN LINK FENCE . (TYPE Ct,-6 ). 21 802501 41 CHAIN .,,_INK GATE;_..(TYPE .CL-E,} EA.. 1__ 10.0..00 PERELIrMINARY ESTIMATE ,OF CAST_ SEGREGATED ..ESTIMATE ._FOR--NAT.IONAI_ CITY .PARTICIPAT.ION.. ITEM ITEM .. NO.... CODE 2 t 20 102,.. GU IDE..MAR! [ ITEM DESCRIPTION _ _.-.SHEE_T____..3 __.0F._._.3- _DATE.. _._AUG.. 01.,...1973 UNIT QUANT I TY -ITEM TOTAL EA 7 7.00 . .___...832008.13.RID.GE .APPRO.AC1-1_.GUARt) .RA .Il.I.NCy (.TYPE. j.) -(,F 1,257 7. QQ. 8, 799,00 .24 .850L05 _TYPE..... PAVEME.N.T..MARKER_..ICLASS_ _I.I.I O.R_ I V_) ..EA 1.1.2BQ 8_9..6 __ 2.5_--._850.120_ TYPE._ C.._PAV.EMENTCA_lit ...MARKER... Y=___. _...._._.._ __ ._ .. 1 2. UQ .---- _LH. 00_ ----.__._26._ ..850.145._..._ TYPE .._H._PAVEMENT' .._MARKER __. 2.7._. 860401.......L.IGH.T:.ING. . 28.....99.9990__...MOBIL .I ZAT.ION _..8.93% EA_.. 2.S_____._-._-_ LS ' LUMP SUM ____.8,-0a0...00 0,000.00 PRO RATA SHARE .14., 000..00.. _14,.000._00.__. 2O. BRIDGE- (-#57 795L) **ESTIMATED -COST- 180,O0O..-00-------..ASO,000.00 SUB TOTAL GO.NTRACT .ITEMS _ 3.36.,7.�3 _CONT.INGENC.IES._ — .18)L200.01_-- _TOTAL . CQNTRACT ...---------.__-- _, 3 35 , 000=_00 T1Tl T'.Y TFFT TF• P.RELIiv INARx_..EiVGi1N";ER1il�s_(�? CQ.NSTRUC.TIO.N _ENG.INEER1ND_ Ca 1Q✓ 35 r500..00 PROJECT TOTAL. iI 1 FI,900.G,2__ Detailed -Estimate is not' avaliable at -time of execution of ActuaI"'eost wiI:C Tinedron com.pietioh of STATEtS contract -_- EXHIBIT "B" ROUTE 54 WESTERLY EXTENSION R 5 1973 SCALE. `" = 200'