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HomeMy WebLinkAboutCC RESO 10,857RESOLUTION NO. 10,857 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT, PLAZA BOULEVARD. OFFRAMP FROM 1-5 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, an agreement between the City of National City and the State of California for the construction of Plaza Boulevard offramp from I-5. PASSED AND ADOPTED this 24th day of October, 1972. ATTEST:. L. ,lei / ve THIS AGREEMENT IS HEREBY MADE AND ENTERED INTO THIS DAY OF , 19 BY AND BETWEEN AND 11-SD-5 R10.8-11.1 11359-144301 DISTRICT AGREEMENT NO. 11-0067 9TH ST. OFF -RAMP RELOCATION TO 10TH ST. 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 gency, Department of Public Works, Division of Highways, hereinafter referred to as STATE" W ITNESSET H: WHEREAS, a northbound off -ramp from Interstate Route.5 is presently provided to Ninth Street in National City, and WHEREAS, traffic circulation would be improved by relocation of the terminus of said off -ramp from Ninth Street to Plaza Boulevard (Tenth Street), and WHEREAS, CITY has formally requested STATE by Resolution Number 10,078 dated April 21, 1970, to relocate the terminus of said off -ramp as outlined above and has indicated a willing- ness to participate in the cost, and WHEREAS, CITY and STATE will mutually benefit from improved traffic flow and resulting from relocation of said ramp terminus, WHEREAS, CITY and STATE too mutually desire to cooperate in the aforesaid improvement and desire to specify herein the terms and conditions under which said financed and maintained; NOW, THEREFORE, it is agreed as improvement shall be constructed, follows: SEC- ICI I STATE AGREES: 1. To relocate by construction contract, the terminus of the northbound off -ramp from Ninth Street to plaza Boulevard (Tenth Street). 2. To construct the aforesaid ramp revision and reconstruct the existing ramp.terminus at 9th Street to the widths and alignment as shown on EXHIBIT "B", dated October 22, 1970, attached and by this reference rade a part of this Agreement. 3. To prepare plans and specifications for said improvement. 4. To bear the entire cost of preparing said plans and specifi- cations, except for any preliminary engineering furnished directly by CITY. 5. To furnish personnel, if requested by CITY, to carry out the provisions set forth in the California Legislature Highway' Relocation Act of 1968, Chapter 3, Statutes of 1968, which became effective on September 23, 1968. 2 6. To bear STATE'S share of co~s=ructio:E costs and construc- tion engineering costs for the "ITEMS" listed on Exhibit "A", dated September 13, 1972, attached and by this reference made a part of this Agreement. Said costs shall include materials and labor for placing signs and stripe required to establish Plaza Boulevard as one way (eastbound) between Coolidge Avenue and Hoover Avenue. The actual amount of STATE'S share of con struction costs and construction engineering costs will be determined after completion of the work and a financial settle- ment made upon a final accounting of costs. SECTION II CITY AGREES: 1. To acquire additional rights of way as determined to be necessary by STATE. Said rights of way shall be acquired by CITY not later than August 25, 1972, and shall be vested in the name of STATE. 2. To bear the entire cost of acquiring the aforesaid rights of way, including the writing of legal descriptions, prepara- tion of deeds, and the cost of any preliminary engineering done by CITY. 3. (a). To advise affected property owners of their rights to Relocation Assistance as provided in the California Legis- lature Highway Relocation Act of 1968, Chapter 3, Statutes of 1968, which become effective on September 23, 1968. (b). To bear the entire cost for Relocation Assistance granted to affected property owners under the provisions of 3 the aforementioned Highway Relocation Act and all subsequent amendments thereto. (c). That if assistance is required of STATE in administer- ing the aforesaid Relocation Assistance Act, CITY will bear all administrative costs [including all direct and indirect costs (functional and administrative overhead assessment) attributable to such work, applied in accordance with STATE'S standard account- ing procedures) incurred by STATE' 4. To make all necessary negotiations with affected public and private utility companies and to bear all expenses related thereto for the removal and/or relocation of their facilities to clear the construction area. 5. That prior to completion of the project and before off -ramp traffic is routed to Plaza Boulevard, CITY will, by resolution or ordinance, establish that traffic between Coolidge Avenue and Hoover Avenue shall be eastbound only. 6. To deposit with STATE within 30 days after advertisement of the project and upon demand therefor, the amount of $27,000.00, which figure represents CITY'S estimated share of construction costs and construction engineering costs required to complete the installation referred to herein. The actual amount of CITY'S share of construction costs and con- struction engineering costs [including all direct and indirect costs (functional and administrative overhead assessment) attri- butable to 'such work, applied in accordance with STATE'S stan- dard accounting procedures] will be determined after completion of the work and a financial settlement made upon the final accounting of costs. Said share of construction costs and con- struction engineering costs will be determined by using the "ITEM" and "CITY %" listed on Exhibit "A". 7. 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. 8. To accept full control and maintenance of all improvements constructed outside of STATE'S freeway right of way pursuant to this Agreement. SECTION III IT IS MUTUALLY UNDERSTOOD AND AGREED: 1. That, in the event CITY does not obtain the rights of way under the conditions set forth above, STATE reserves the right to terminate this Agreement. 2. That obligations of STATE under terms of this Agreement are subject to the allocation of funds by the California Highway Commission. 3. 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 con- nection with any work, authority or jurisdiction 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 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 5 indemnify and hold CITY harmless from injury (as defined by Government Code by reason of anything done or omitted or in connection with any work, delegated to CITY under this 5. s o Fund r State Gas Tax Funds policies relating to the use standing other provisions of or in connection with any work, authority or jurisdiction dele- gated to CITY under this Agreement. 4. 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 con- nection 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 any liability imposed for Section 810.8) occurring to be done by STATE under authority Agreement. or jurisdiction not That, should any portion of the project be financed with Federal all applicable procedures and of such funds shall apply notwith- this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their office respective off icers, authorized, p duly provisions of which Athe Agreement are effective as of the day, month and year first hereinabove written. STATE OF CALIFORNIA Department of Public Works Division of Highways R. J. DATEL State Highway Engineer By Distract Engineer Approved as to Form,and_Procedure: CITY OF NATIONAL CITY STATE OF CALIFORNIA COUNTY OF San Diego ss. Or October 26, 1972 before me, the undersigned, a Notary Public in _and for said Cmmty and State, personally appeared _ Rlle i`4organ and Ione Minogue Campbell . , known to me to be, the person -.S.whose name-_-S are subscribed to the within instrument and acknowledged that _ they executed the saute. ` 7 Beatrice Buckelew Name (Typed. or Pouted) Notary. Public in and i4 salt! County and State FOR NOTARY SEAL OR STAMP Ys Y4sset"."^ Ur FICIAL SI AL BEATRICE BUCK ELEW - CAI If WiNIA \ ; oitlUL IN OILGO (( fl'IY Ll, 'm^tieet•r�s IKpi7eg August 30, I')iS bY1M1tI' 4