Loading...
HomeMy WebLinkAboutCC RESO 10,833RESOLUTION NO. 10,833 A RESOLUTION AUTHORIZING EXECUTION OF AN AGREE ENT BETWEEN THE CITY OF NATIONAL CITY AND THE COUNTY OF SAN DIEGO BE IT RESOLVED by the City Council of the City of National City the City Manager is hereby authorized to execute an agreement between the City of National City and the County of San Diego relating to the Sweetwater River Flood Control Channel. PASSED AND ADOPTED this 3rd day of October, 1972. ATTEST: COOPERATIVE AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND THE CITY OF NATIONAL CITY THIS AGREEMENT, entered into this day of 1972 by and between the COUNTY OF SAN DIEGO, herinafter referred to as COUNTY, and the CITY OF NATIONAL CITY, hereinafter referred to as CITY is made pursuant to authority of Chapter 5, Article 1 (co,i encing with Section 6500) of the California Government Code (Joint Powers Agreement): WITNESSET H: WHEREAS, the United States Government has, under authority of Public Law 90-483, approved August 13, 1968, undertaken design and construction of a flood control project in San Diego County, California, known as the Sweetwater River Flood Control Channel, Bonita Mesa Road to San Diego Bay, hereinafter referred to as "Project", and WHEREAS, on April 20, 1965, County adopted Resolution No. 60 agreeing to act as the sponsoring agency representing local interests, including the City, in giving the assurances of cooperation required by the United States Government in support of "Project" and the assumption of certain designated obligations; including providing, without cost to the United States, of all necessary rights -of -way; performing all necessary construction, modification or relocation of highways (including bridges), utilities, and irrigation and drinage facilities required in connection with "Project"; and maintaining and operating "Project" in accordance with regulations to be prescribed by the Secretary of the Army; and WHEREAS, the proposed location of the flood control channel is along the alignment adopted by the California Highway Commission for con- struction of State Route 54 Freeway including interchanges for Interstate Routes 5 and 805, and , WHEREAS, an agreement will be negotiated between the State of California, Division of Highways, hereinafter referred to as "Highways", and the U. S. Army Corps of Engineers to cover construction of aforesaid State Route 54 and "Project" under one contract administered by "Highways", and WHEREAS, County will acquire certain rights -of -way necessary for construction of "Project", and WHEREAS, "Highways" will relocate and reconstruct or arrange for the relocation and reconstruction of existing streets, bridges, utilities, and irrigation and drainage facilities made necessary by the construction of the joint flood control and highway project, and WHEREAS, County will negotiate an agreement with "Highways" con- cerning the reimbursement to "Highways" of cost for the relocation and re- construction of existing streets, bridges, utilities, and irrigation and drainage facilities located within the limits of "Project" at an estimated local cost of $2,800,000, and WHEREAS, State of California, Department of Water Resources, herein- after referred to as "DWR", will make reimbursement for all necessary rights -of - way; and for all costs in the relocation and reconstruction of existing streets, bridges, utilities, and irrigation and drainage facilities within the limits of the "Project" right-of-way, except for rights -of -way not necessary for "Project" or for any excesses of equivalent replacement over the existing facilities, such excesses considered betterments, and WHEREAS, any rights -of -way not necessary for "Project" or any modifications other than equivalent replacement of streets, bridges, utilities, and irrigation and drainage facilities under the City's jurisdiction required solely due .to the construction of "Project" are considered betterments and therefore the responsibility of the City to the County as Administrator of "Project", and WHEREAS, on April 13, 1965, City adopted Resolution Number 8882 whereby it requested County to give the assurances required by the United States to provide the local cooperation necessary for the construction of the project, and further, agreed to make payment to County for those nonreimburs- able costs, considered betterments, in the reconstruction of streets, bridges, utilities, and irrigation and drainage facilities, WHEREAS, on June 15, 1971, City Council approved a contribution for proposed betterments to the National Avenue Bridge; NOW, THEREFORE, it is agreed as follows: SECTION I COUNTY AGREES: 1. To acquire all necessary rights -of -way and relocate utilities for "Project" not covered by Cooperative Agreement between the County and "Highways" dated .March 17, 1970. • 2. To conduct all necessary negotiations and make all necessary agreements with "Highways" for the required reconstruction of Highland Avenue and National Avenue where these streets cross the flood control channel. Reconstruction will conform to "Highway's" bridge standards and City's planning requirements as follows: Highland Avenue 80 feet wide National Avenue 64 feet wide 3 3. To prepare plans and specifications for relocation and reconstruction of existing streets, bridges, utilities, and irrigation and drainage facilities located within the limits of the flood control channel and not covered by the aforementioned Cooperative Agreement between the County and "Highways" dated March 17, 1970, and the proposed Coopera- tive Agreement between County and "Highways" covering construction and maintenance of bridges. 4. To cause to be constructed the aforesaid relocation and reconstruction. 5. To bear any nonreimbursable costs for aforesaid rights -of -way, relocation and reconstruction within the unincorporated area of the County. 6. On completion of the Edgemere Avenue channel crossing structure to accept full responsibility for the Edgemere Avenue roadway section including the travelled way, shoulders, curbs, sidewalks, walls, drainage installations and traffic service facilities. 7. To make all necessary negotiations and agreements with the United States Government for the maintenance of "Project" including the flood control channel and appurtenances within the flood control channel right-of-way. 8. To furnish to the City prior to April 1 of each year an estimate of its share of the maintenance costs for the subsequent fiscal year for all improvements other than channel crossing structures, lying within "Project" right-of-way. SECTION II CITY AGREES: 1. To bear that share of the preliminary engineering, construction and con- struction engineering cost (including all direct and indirect costs, applied In accordance with. State of California's standard accounting procedures) of modifications in excess of equivalent replacement of the National Avenue 4 - channel crossing structure. Said betterment consists of increasing the width of the bridge from 57-1/2 feet to 64 feet. City's share of the cost being 10.16 percent of the total cost, and is estimated to be $64,400: 2. To bear that share of the rights -of -way costs within the City limits of National City that are determined to be nonreimbursable by "DWR". 3. To bear that share of costs for relocation and reconstruction of existing streets, bridges, utilities and irrigation and drainage facilities within the City limits of National City that are determined to be nonreimbursable by "DWR". 4. Upon receipt of notice of completion of the Highland Avenue and National Avenue channel crossing structures, and at no cost to County, to accept full responsibility for the entire portions of the above --mentioned structures lying within the flood control channel right-of-way. 5. City shall pay to the County 30.7% of the cost of maintaining all improve- ments other than aforementioned channel crossing structures, lying within the flood control channel right-of-way. 6. City shall deposit with the County prior to July 15 each year City's share of the aforementioned maintenance cost. It is understood that in the event actual costs exceed the amount of the deposit, that City will pay the difference between the deposit and the actual cost of City's share. In the event the actual cost is less than the deposit, County will refund to City the difference between the actual cost and the amount of said deposit. In any case, a detailed audit will be supplied City on request. 7. To deposit with County within 30 days after advertisement of `Project" by "Highways" for construction bids, and upon demand therefor, the sum of $64,400 to cover payment of City's share of construction, preliminary engineering and indirect charges for the National Avenue Bridge in accord- ance with Section II, Paragraph 1 of this Agreement. It is understood that the aforesaid City's share of costs is an estimate based on the best available information. City's costs will be based on actual costs of construction, plus engineering and indirect charges. In the event actual costs exceed the amount of the deposit, that City will pay the difference between the deposit and the actual cost of City's share. In the event the actual cost is less than the deposit, County will refund to City the difference between the actual cost and the amount of said deposit. SECTION III IT IS MUTUALLY UNDERSTOOD AND AGREED: 1. The determination of "DWR" concerning reimbursability will be binding on all parties to this agreement. 2. That neither County nor any officer or employee thereof shall be responsible for any damages or liability occurring by reason of anything done or omitted to be done by City under or in connection with any work, authority or juris- diction delegated to City under this Agreement. It is also understood and agreed that, pursuant to Government Code, Section 895.4, City shall fully indemnify and hold County 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 any connection with work, authority or jurisdiction delegated to City under this Agreement. 3. 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 County under or in connection with any work, authority or juris- diction not delegated to the City under this Agreement. It is also under- stood and agreed that, pursuant to Government Code Section 895.4, County Title Date shall fully indemnify and hold City harmless for 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 County under or in connection with any work, authority or jurisdiction not delegated to City under this Agreement. 4. That the provisions of this Agreement, and its execution, shall not be effective or binding upon City unless other related agreements essential to completion of the project are duly executed by County with the agencies listed below: AGENCY City of Chula Vista Channel Maintenance Port District Channel Maintenance State of California, Division of Highways Bridge Reconstruction and Maintenance 5. In the event of any changes in the boundaries of the unincorporated area, the City of Chula Vista or the City of National City, the per- centage of channel maintenance costs stated in Section II-5 will be adjusted to reflect such changes. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their properly authorized'officials. COUNTY OF SAN DIEGO By Chairman, Board of Supervisors ATTEST PORTER CREMANS Clerk, Board of Supervisors Date By Deputy CITY OF MAT MALCITY % By C C 921 v 7 APPROVED AS County Counsel