HomeMy WebLinkAboutCC RESO 10,260RESOLUTION NO. I0,260
RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE
STATE OF CALIFORNIA, DIVISION OF HIGHWAYS, FOR CONSTRUCTION
OF PEDESTRIAN OVERCROSSING AT-22ND STREET AND.NEWELL STREET
BE IT RESOLVED by the City Council of the City of
National City that the Mayor and City Clerk are authorized
to execute and attest that certain Agreement for the con-
struction of pedestrian overcrossing at 22nd Street and
Newell Street between the City of National City and the State
of California, Division of Highways.
PASSED AND ADOPTED this 26th day of January,
1971.
ATTEST:
CITY CLER
11-sD-805
8.4 - 10.3
11201-110181
Dist.Agree.#11-0065
22nd St. Ped. OC, NatC
THIS AGREEMENT, MADE AND ENTERED INTO THIS
DAY OF , 1970,
BY AND BETWEEN
AND
CITY OF NATIONAL CITY, a body
politic and a municipal corpora-
tion of the State of California,
hereinafter referred to as "CITY"
STATE OF CALIFORNIA, acting by
and through its Business and
Transportation Agency, Department
of Public Works, Division of
Highways, hereinafter referred to
as "STATE"
WHEREAS, STATE contemplates a project for construction
of a portion of Interstate Route 805 Freeway between 0.5 mile
south of Route 54 and 0.1 mile south of 12th Street in
National City, and
WHEREAS, said STATE project includes construction of
a pedestrian overcrossing over the freeway at 22nd Street,
and
WHEREAS, CITY has requested STATE to extend said
pedestrian overcrossing to span Newell Street, in addition
to the freeway, and
WHEREAS, it is to the mutual benefit of CITY and
STATE to improve pedestrian safety by extending said pedes-
trian overcrossing, and
WHEREAS, it is now the desire of CITY and STATE to
agree upon the terms and conditions under which said
pedestrian overcrossing will be designed, constructed,
financed and maintained,
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
SECTION I
STATE AGREES:
1. To extend the construction of said pedestrian
overcrossing over Newell Street as part of STATE'S contract
for the aforementioned portion of Interstate Route 805
freeway.
2. To bear the entire cost of preliminary engineering
and the preparation of plans and specifications for extending
said pedestrian overcrossing.
3. To bear all construction engineering and con-
struction costs of said pedestrian overcrossing except for
those costs specifically stated to be borne by CITY as
specified in SECTION II.
4. Upon completion of the freeway construction pro-
ject, to relinquish to CITY that portion of said pedestrian
overcrossing that extends outside STATE'S access control
line.
5. To furnish CITY a set of "As Built Plans" of
the entire pedestrian overcrossing.
6. Upon award of the construction contract, to
furnish CITY an itemized statement of the actual amount
of CITY'S cost.
7. That in the event the actual amount of CITY'S
share of the cost is less than CITY'S deposit, to refund
the difference between CITY'S actual share and the
deposit.
SECTION II
CITY AGREES:
1. To grant permission to STATE'S Contractor to
enter CITY'S Las Palmas Park and construct the extension
of said Pedestrian Overcrossing including footings, piers,
deck and appurtenances as shown on STATE'S contract plans.
2. To bear the actual cost of constructing the
portion of the superstructure measured between the center
lines of the supporting columns adjacent to Newell Street.
The aforementioned columns are not to be included in CITY'S
cost.. CITY'S share will be determined on the basis of
contract bid prices for the items and quantities listed
on "EXHIBIT A," attached and by this reference made a
part of this Agreement.
3, That CITY'S final share of cost of Mobili-
zation (Item 1 on Exhibit "A") shall be a sum bearing
the same proportion to the cost of the Mobilization Item
in STATE'S contract as the total cost of Items 2 through
5 on Exhibit "A" bears to the total cost of STATE'S con-
tract items, less the cost of the Mobilization Item.
3
4. To bear CITY'S share of costs for construction
engineering including all direct and indirect charges at a
fixed rate of 10% of the actual construction cost of the
contract items shown on aforesaid "EXHIBIT A."
5. To deposit with STATE within 30 days after
advertisement of the project and upon demand, the sum of
$16,100.00, said sum being the estimated total cost of
the work hereinbefore described as to be borne by CITY
and as set forth on said "EXHIBIT "A." The actual amount
of CITY'S share will be determined after award of the
construction contract.
6. Upon award of the construction contract, in
the event the actual amount of CITY'S share is more than
CITY'S deposit, CITY will pay STATE the difference between
CITY'S actual share and the deposit.
7. After completion of construction and upon
notice from STATE, CITY will accept relinquishment and
maintenance for that portion of said Pedestrian Overcrossing
lying outside of STATE'S access control line.
8. That maintenance of the superstructure over the
freeway will be agreed upon by negotiation of a standard
Maintenance Agreement following completion of STATE'S con-
struction contract.
9. To issue necessary Permits to STATE authorizing
its Contractor to perform the work hereinbefore mentioned
within the CITY'S right of way.
10. That no alteration will be made to any portion
of said Pedestrian Overcrossing without concurrence of
STATE.
SECTION III
It is mutually understood and agreed:
1. That obligations of STATE under terms of this
Agreement are subject to the allocation of funds by the California
Highway Commission. -
2. 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 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 or in
connection with any 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 STATE under or
in connection with any work, authority or jurisdiction not dele-
gated 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 done by
STATE under or in connection with any work, authority or juris-
diction not delegated to CITY under this Agreement.
5
4. That, should any portion of the project be
financed with Federal Funds or State gas tax funds, all appli-
cable procedures and policies relating to the use of such funds
shall apply notwithstanding other provisions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused
executed by their respective officers,
provisions of which Agreement are effective
and year first hereinabove written.
this Agreement to be
duly authorized, the
as of the day, month
STATE OF CALIFORNIA
Department of Public Works
Division of Highways
J, A. LEGARRA
State Highway Engineer
By
District Engineer
CITY OF NATIONAL CITY
By
Attest:
City
Jerk
Approved as to Form an Procedure:
City Attorney.
ESTIMATE OF CITY'S COST
ITEM DESCRIPTION
EXHIBIT "A"
November 19, 1970
UNIT
UNIT QUANTITY PRICE AMOUNT
1. Mobilization
PRO RATA
SHARE L.S. L.S. $1,466.00
2.
Structure Concrete C.Y. 55 $144.00 7,920.00
3.
Bar Reinforcing Steel Lbs. 15,794 0.14 2,211.16
4. Abrasive Aggregate Finish S.Y. 91 2.70 245.70
5. Type 3L Chain Link Rail L.F.
204 13.50 2,754.00
$14,596.86
Construction Engineering 10% 1,460.00
T OTAL $16,056.86
U S E $16,100.00