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HomeMy WebLinkAbout2004 CON City of San Diego - Traffic Signal InterconnectSOUTH BAY TRAFFIC SIGNAL INTERCONNECT PROJECT FIBER OPTIC CABLE INSTALLATION, SHARING, AND MAINTENANCE AGREEMENT BETWEEN THE THE CITY OF SAN DIEGO AND NATIONAL CITY AND THE CITY OF CHULA VISTA Page 1 of 13 AGREEMENT BETWEEN THE CITY OF SAN DIEGO AND NATIONAL CITY AND THE CITY OF CHULA VISTA THIS Agreement is made and entered into between the City of San Diego, National City, and the City of Chula Vista [individually referred to herein as Participating Agency or collectively referred to herein as Participating Agencies] for the South Bay Traffic Signal Interconnect Project [Project]. RECITALS A. Whereas, this Agreement sets forth the responsibilities of the Participating Agencies for installing, sharing, and maintaining fiber optic cable within each Participating Agency's jurisdiction for the purpose of communication and traffic signal integration; and B. Whereas, Global Crossing Telecommunications, Inc., installed and provided one 1 1 inch fiber optic conduit [Conduit] at no cost to the Participating Agencies, subject to the terms and conditions of a letter agreement dated January 26, 2001, which is attached hereto and incorporated by reference to this Agreement as Exhibit "A;" and C. Whereas, each Participating Agency owns the length of Conduit installed by Global Crossing Telecommunications, Inc. within each Participating Agency's respective jurisdiction; and D. Whereas, for the purpose of obtaining funding for the installation of fiber optic cable in the Conduit, the Participating Agencies collectively applied for a Congestion Mitigation Air Quality [CMAQ] grant [hereinafter Grant] and the City of San Diego accepted said Grant on behalf of the Participating Agencies in the amount of $1,411,000 and has applied for a Program Supplement in the amount of $300,000; and E. Whereas, pursuant to Program Supplement No. M017 [Program Supplement] and the Master Agreement, Administering Agency - State Agreement for State Funded Projects [Master Agreement], which are attached hereto and incorporated by reference to this Agreement as Exhibits "B" and "C," respectively, the City of San Diego is the Administering Agency for the Project; and F. Whereas, in conformance with the Grant, the Project entails the installation of a fiber optic cable [Fiber Optic Cable] within the Conduit in accordance with the City of San Diego's Plans and Specifications Drawing Number 31514D; and Page 2 of 13 G. Whereas, in conformance with the Master Agreement and Program Supplement, the City of San Diego shall let and administer the public works contract for installation of the Fiber Optic Cable; and H. Whereas, each Participating Agency has approved the Plans and Specifications and contract documents [the Contract] for installation of the Fiber Optic Cable and the City of Chula Vista and National City shall be specifically designated as third party beneficiaries of the Contract; and I. Whereas, each Participating Agency will be allocated a certain number of fibers within the Fiber Optic Cable for the exclusive use of each Participating Agency in accordance with the Plans and Specifications and this Agreement; and J. Whereas, the City of Chula Vista desires the installation of 192 additional fibers within the portion of Conduit located within the City of Chula Vista's boundaries, for the City of Chula Vista's exclusive use, to be installed under the Contract, subject to the terms of this Agreement; K. Whereas, each Participating Agency agrees to comply with the terms and conditions of this Agreement. TERMS AND CONDITIONS 1. Effective Date. This Agreement shall be come effective upon execution of this Agreement by the authorized representatives of all of the Participating Agencies. 2. Project Boundaries. The northerly end of the Conduit and Fiber Optic Cable will begin within the City of San Diego at the intersection of 30th and Broadway, pass through National City and Chula Vista via Roosevelt Street, Eighth Avenue, Highland Avenue, Fourth Avenue, Main Street and Beyer Boulevard, and end within the City of San Diego at the intersection of Coronado Avenue and Beyer Boulevard, in accordance with Location Map hereto attached and incorporated by reference as Exhibit "D." 3. Project Scope. The Project scope shall entail installation of the Fiber Optic Cable and associated components within the existing Conduit, in accordance with the Plans and Specifications that are incorporated herein by reference. The City of San Diego agrees to act as the Administering Agency for the Project. The City of Chula Vista and National City each agree to cooperate with implementing of the Project including, without limitation, providing adequate and timely access to the right of way within their respective jurisdictions. a. Participating Agency Approval of Project Scope. By execution of this Agreement, each Participating Agency signifies approval of the Project Plans and Page 3of13 Specifications. The Plans and Specifications are available from the City of San Diego, Development Services Department, Maps and Records Division, reference Drawing Number 31514D. b. Additional Fiber Optic Cable for the City of Chula Vista. By the execution of this Agreement, the City of San Diego shall include within the Project scope the installation of 192 additional fibers within the portion of Conduit located within the City of Chula Vista for the City of Chula Vista's exclusive use [Additional Fibers]. In consideration for the Additional Fibers, the City of Chula Vista shall pay the City of San Diego for the difference in the Contract cost between the furnishment and installation a 288 fiber cable versus a 96 fiber cable of the same length, based upon accepted unit bid prices. The City of Chula Vista shall pay for the Additional Fibers within ten days of the execution of the Agreement by all parties hereto. c. Participating Agency Approval of Contract Documents. By execution of this Agreement, each Participating Agency signifies approval of the Contract documents, and all of the terms and conditions therein. The Contract documents are available from the City of San Diego, Transportation and Drainage Design Division. The Contract documents shall indicate that the Project shall be implemented from north to south. Prior to approving any material Contract modifications or addendum before award of the Contract, the City of San Diego shall obtain the other Participating Agencies' written approval of those deviations or addendum, and such approval shall not be unreasonably withheld or delayed. d. Participating Agency Designation as Third Party Beneficiaries of the Contract. The City of Chula Vista and National City, and their respective elected officials, officers, employees, agents and representatives, shall be specifically designated as third party beneficiaries of (i) the Contract (including Contractor's indemnity obligations thereunder) and (ii) the bonds posted by the contractor securing its performance under the Contract. Furthermore, the City orSan "Diego shall endeavor to obtain designation of the other Participating Agencies as named additional insureds under the contractor insurance policies required under the Contract. e. Change Orders. The City of San Diego shall pay for all Change Orders necessary to complete the Project, including Change Orders arising from unanticipated field conditions, subject to the following limitations: i. The City of San Diego shall not be responsible to pay for any Change Order that exceeds the grant money received by the City for the Project; Page 4 of 13 ii. In the event that a Change Order exceeds the grant money received by the City of San Diego for the project, the City of San Diego shall make a good faith effort to apply for and obtain additional state or federal grant funding, if available, to pay for such costs; iii. In the event that additional federal or state grant funding is not available to pay for any Change Order that exceeds the grant money received by the City of San Diego for the Project, the Participating Agencies shall each pay one 1/3 of the Change Order cost that is not covered by the grant money received by the City of San Diego for the Project; provided, however, that each Participating Agency shall have a duty to pay for any increases in Contract cost, including those resulting from delay claims, that are directly or indirectly attributable to its negligent acts or omissions, or a violation of any obligations arising under the agreement, including the failure to provide right of way access in a timely manner. iv. All Change Orders necessary to complete the Project shall be approved and authorized solely by the City of San Diego as the Administering Agency. In the event that an increase in Contract cost is attributable to the negligent acts or omissions, or a violation of any obligations arising under the agreement, of any other Participating Agency, that Participating Agency shall take all actions necessary to mitigate such increase, including timely payment of said increase to the City of San Diego so that the City of San Diego may pay its Contractor in accordance with the payment terms of the Contract. v. The City of San Diego shall notify each of the Other Participating Agencies in the event of a proposed Change Order as soon as reasonably possible. vi. Each Participating Agency shall have the right to audit and review all contract documents and any documentation provided by the City of San Diego's contractor in support of a Change Order. 4. Final Acceptance of Work. Prior to accepting any work within another Participating Agency's jurisdiction, the City of San Diego shall first obtain from that Participating Agency approval of the work and any system tests required by the Contract documents, and such approval shall not be unreasonably withheld or delayed. 5. Rights to Use Fiber Optic Cable. The Plans and Specifications specifically Page 5 of 13 designate portions of the Fiber Optic Cable for common use, spares, and exclusive use within each Participating Agency's jurisdiction. By executing this Agreement, each Participating Agency agrees, as follows: a. That the Fiber Optic Cable shall be used in accordance with the Plans and Specifications; and b. Each Participating Agency shall own the Conduit within its jurisdiction and shall own its exclusive use fibers within the Conduit no matter where located. Exclusive use fibers located within another jurisdiction's Conduit shall not be assignable or dedicated to private uses without the prior written approval of the host Participating Agency. c. That each Participating Agency shall have the right, by irrevocable license granted pursuant to this Agreement, to use to the other Participating Agencies' Conduit to maintain the Fiber Optic Cable installed pursuant to this Agreement; d. That each Participating Agency has the right and authority to modify or redirect any fibers or connectors allocated for its exclusive use within its own jurisdiction, without the consent of the other Participating Agencies, as long as such modification or redirection will not have any adverse impact, whether direct or indirect, on the other Participating Agencies' exclusive or common use of the Fiber Optic Cable or the Conduit. The Plans and Specifications allocate twelve fibers within the Fiber Optic Cable for future, spare use [Spare Fibers]. Each of the Participating Agency's shall have exclusive rights to four of the Spare Fibers; provided, however, that the Participating Agencies shall agree to negotiatein°good faith for joint or exclusive use of the Spare Fibers whenever a Participating Agency desires to place the Spare Fibers into service. 6. Payment of Fees. There will be no payable monthly rental fee by any of the Participating Agencies for use of the Conduit or Fiber Optic Cable for public purposes. 7. Maintenance, Repair, or Replacement of the Fiber Optic Cable/Conduit. In the event that the Fiber Optic Cable/Conduit, requires maintenance, repair, or replacement [collectively referred to herein as Maintenance], the City of San Diego shall have the duty to undertake such Maintenance of the Fiber Optic Cable/Conduit in a timely and reasonable manner, subject to the following conditions: Page 6 of 13 a. The City of San Diego shall have the authority to determine the nature and extent of the Maintenance required, subject to the prior consent of the other Participating Agencies, which said consent shall not be unreasonably withheld or delayed; provided, however, that the City of San Diego shall have the sole authority to supervise and direct the Maintenance work. b. Except to the extent covered by warranty under the Contract, the City of San Diego shall not be responsible in any manner for the Maintenance of branching connections, which shall be defined as branch fiber optic cables spliced onto the Fiber Optic Cable, including the splice itself, and all equipment attached and/or associated with the branch fiber optic cables [collectively referenced as Branching Connections]. c. Each Participating Agency shall have a duty to notify the City of San Diego of any event within its own jurisdiction that has or may detrimentally impact or affect the Fiber Optic Cable/Conduit. The notice shall be given in a timely and reasonable manner so as to mitigate the e extent of Maintenance required. d. Each Participating Agency shall have a duty, to a reasonable extent, to mitigate conditions detrimentally impacting the Fiber Optic Cable/Conduit within its own jurisdiction, including the provision of right of way access. e. Each of the other Participating Agencies shall reimburse the City of San Diego for Maintenance costs expended by the City of San Diego within each Participating Agency's jurisdiction, not covered by the warranty of the Contract, according to the following contribution formula: Participating Agency (PA) Contribution = the # of fibers of PA exclusive use in=PA Jisdiction Total # fibers in PA Jurisdiction excluding Fibers Designated for Future Interagency Counounrcations i f. The City of San Diego's duty to provide Maintenance shall not apply when the Maintenance required is directly or indirectly attributable to the acts or omissions of any other Participating Agency. In the event that Maintenance is required as a result of the acts or omissions of any other Participating Agency, that Agency shall undertake and pay for the Maintenance in a timely and reasonable manner, subject to the prior 1 As of the date of this agreement, there are 12 fibers designated for Future Interagency Communications; Chula Vista's contribution is, therefore, 228/276 = 82.6 % for Maintenance in Chula Vista and National City's contribution is 36/84 = 42.6% for Maintenance in National City. It is understood and agreed to by the Participating Agencies that the allocation formula may be adjusted depending upon the re -allocation of fibers designated for Future Interagency Communications. Page 7 of 13 g. consent of the other Participating Agencies, which said consent shall not be unreasonable withheld or delayed. In the event of an emergency requiring an immediate repair of the Fiber Optic Cable/Conduit system, each Participating Agency reserves the right to make repairs to the Fiber Optic Cable/Conduit within its own jurisdiction, and to obtain reimbursement from the other Participating Agencies for valid costs incurred, if any is due and payable, in accordance with the reimbursement formula set forth above. 8. Right of Entry. By executing this Agreement, each Participating Agency authorizes the City of San Diego and its contractor(s) and subcontractor(s) associated with the Project to enter upon each Participating Agency's right of way and/or property for the purpose of implementing this Agreement and the Contract, without payment of right of way fees. The City of San Diego shall require its contractor for the Project to comply with each Participating Agency's right of entry requirements, excluding payment of fees; provided, however, that said requirements shall be presented to the City of San Diego, in writing, before the publication of any Contract documents for award of the Project. 9. Indemnification of Waiver and Release of Claims Against Administering Agency. The City of Chula Vista and National City [Participating Agencies] agree to defend, indemnify, protect, and hold the waive and release any claims against the City of San Diego, its agents, officers, and employees harmless from and against any and all claims asserted or for liability established for damages or injuries to any person or property, including injury to any other Participating Agencies' employees, agents, or officers, which arise out of or are in any manner directly or indirectly or indirectly connected with the City's role as Administering Agency of the Project; provided, however, that the other Participating Agencies' duty to indemnify and hold harmless this waiver and release of claims shall not include any claims or liability arising from the established active negligence, sole negligence, or sole willful misconduct of the City of San Diego, its agents, officers, or employees. 10. Indemnification for Acts or Omissions of any Participating Agency. Each Participating Agency [Indemnitor] shall defend, indemnify, protect, and hold the other Participating Agencies, their respective agents, officers, and employees [collectively referenced as Indemnitees], harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to any Indemnitee, which arise out of or are in any manner directly or indirectly connected with the acts or omissions of the Indemnitor pertaining to the installation, use, or Maintenance of the Fiber Optic Cable, Conduit, and Branching Connectors; provided, however, that the duty to Page 8 of 13 indemnify and hold harmless shall not include any claims or liability arising from the established active negligence, sole negligence, or sole willful misconduct of any Indemnitee, and their respective agents, officers, or employees. 11. Jurisdiction, Venue, and Attorney Fees. The venue for any suit or proceeding concerning this Agreement, the interpretation or application of any of its terms, or any related disputes shall be in the County of San Diego, State of California. The prevailing party in any such suit or proceeding shall be entitled to a reasonable award of attorney fees in addition to any other award made in such suit or proceeding. 12. Mandatory Assistance. If a third party dispute or litigation, or both, arises out of, or relates in any way to this Agreement, each Participating Agency agrees to assist the Other Participating Agencies in resolving the dispute or litigation. Assistance includes, but is not limited to, providing professional consultations, attending mediations, arbitrations, depositions, trials or any event related to the dispute resolution and/or litigation. a. Compensation for Mandatory Assistance. The Participating Agency directly involved in a third party dispute or litigation shall compensate the Other Participating Agencies for fees incurred for providing Mandatory Assistance, unless the fees incurred for the Mandatory Assistance are determined, through resolution of the third party dispute or litigation, or both, to be attributable in whole, or in part, to the acts or omissions of the Participating Agency providing the Mandatory Assistance, in which case the Participating Agency who paid fees shall be entitled to reimbursement of all fees paid for Mandatory Assistance. 13. Mandatory Non -binding Mediation. If a dispute arises out of, or relates to this Agreement, or the breach thereof, and if said dispute cannot be settled -through normal contract negotiations, the disputing Participating Agencies agree to settle the dispute in an amicable manner, using mandatory mediation under the Construction Industry Mediation Rules of the American Arbitration Association [AAA] or any other neutral organization agreed upon before having recourse in a court of law. Page 9 of 13 a. Mandatory Mediation Costs. The expenses of witnesses for either side shall be paid by the Participating Agencies producing such witnesses. All .other expenses of the mediation, including required traveling and other expenses of the mediator [Mediator], and the cost of any proofs or expert advice produced at the direct request of the Mediator, shall be borne equally by the Participating Agencies, unless they agree otherwise. b. Selection of Mediator. A single Mediator that is acceptable to the disputing Participating Agencies shall be used to mediate the dispute. The Mediator will be knowledgeable in construction aspects and may be selected from lists furnished by the AAA or any other agreed upon Mediator. To initiate mediation, the initiating Participating Agency (ies) shall serve a Request for Mediation on the opposing Participating Agency (ies). If the Mediator is selected from a list provided by AAA, the initiating Participating Agency (ies) shall concurrently file with AAA a "Request for Mediation" along with the appropriate fees, a list of three requested Mediators marked in preference order, and a preference for available dates. c. If AAA is selected to coordinate the mediation [Administrator], within ten working days from the receipt of the initiating Participating Agency's (ies') Request for Mediation, the opposing Participating Agency (ies) shall file the following: a list of preferred Mediators listed in preference order after striking any Mediators to which they have any factual objection, and a preference for available dates. If the opposing Participating Agency (ies) strikes all of initiating Participating Agency's preferred Mediators, opposing Participating Agency (ies) shall submit a list of three preferred Mediators listed in preference order to initiating Participating Agency and Administrator. Initiating Participating Agency (ies) shall file a list of preferred Mediators listed in preference order, after striking any Mediator to which they have any factual objection. This process shall continue until all disputing Participating Agencies have agreed upon a Mediator. Page 10 of 13 i. The Administrator will appoint or the Participating Agencies shall agree upon the highest, mutually preferred Mediator from the individual Participating Agencies' lists who is available to serve within the designated time frame. ii. If the Participating Agencies agree not to use AAA, then a Mediator, date, and place for the mediation shall be agreed upon. 14. Integration. This Agreement and the exhibits and references incorporated into this Agreement fully express all understandings of the Participating Agencies concerning the matters covered in this Agreement. No change, alteration, or modification of the terms or conditions of this Agreement, and no verbal understanding of the Participating Agencies, their officers, agents, or employees shall be valid unless made in the form of a written change agreed to in writing by all of the Participating Agencies. All prior negotiations and agreements are merged into this Agreement. 15. Counterparts. This Agreement may be executed in counterparts, which when taken together shall constitute a single signed original as though all Participating Agencies had executed the same page. 16. No Waiver. No failure of any Participating Agency to insist upon the strict performance by the other of any covenant, term, or condition of this Agreement, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Agreement, shall constitute a waiver of any such breach of such covenant, term, or condition. No waiver of any breach shall affect or alter this Agreement, and each and every covenant, condition, and term hereof shall continue in full force and effect to any existing or subsequent breach. 17. Severability. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render any other provision of this Agreement = unenforceable, invalid, or illegal. 18. Drafting Ambiguities. Each Participating Agency agrees that it is aware of the right to be advised by counsel with respect to the negotiations, terms, and conditions of this Agreement, and the decision of whether to seek advice of counsel with respect to this Agreement is a decision which is the sole responsibility of each Participating Agency. This Agreement shall not be construed in favor of or against any Participating Agency by reason of the extent to which that Participating Agency contributed to or participated in the drafting of the Agreement. Page 11 of 13 19. Signing Authority. The representative for each Participating Agency hereby declares that proper authority has been obtained to sign on behalf of the Participating Agency and each representative agrees to hold the Other Participating Agencies harmless if it is later determined that such authority does not exist. 20. Duration of Agreement. The Agreement shall remain in force until such time as all of the Participating Agencies concur that the Agreement should be terminated or modified. 21. No Third Party Beneficiaries. There shall be no third party beneficiaries to the terms of this Agreement. IN WITNESS WHEREOF, this Agreement is executed by the Participating Agencies, as follows: Dated: CITY OF SAN DIEGO By: Name: Title: Engineering & Capital Projects Director APPROVED AS TO FORM AND LEGALITY: CASEY GWINN, CITY ATTORNEY Date: By: Susan Y. Cola Deputy City Attorney Dated: (2 - °r 2 0Q CITY OF CHULA VISTA By: David D. Rowlands City Manager APPROVED AS TO FORM AND LEGALITY: ANN Y. MOORE, CITY ATTORNEY By: Glen R: Googins Senior Assistant City Attorne Page 12 of 13 • ..a v A.•-• YJJ -1-ius1jv Rx ASSUL '410 Global Cro=snf Tclaimmvnicatious, inc. 180 South CI:nton Avenue Fourth FInoT Roehr..ter, HY I4646 Te.t + 1.71 C,.777.1000 Global Crossing Mr. David Sorenson Kimley-Horn and Associates, Inc. 517 Fourth Avenue - Suite 102 San Diego, CA 92101 David: January 26, 2001 In response to the Kimley-Horn letter dated January 12, 2001, Global Crossing responds as follows: 1. Global wil provide one (1) 1%2" duct at no cost to the three cities involved for their exclusive use and this one duct will become their property after the completion of the Global Crossing project. This duct will rtul the length of the route only to the extent of the public tOW. Private ROW will not be included, i,e., Railroad Right of Ways. 2. The route will be as originally proposed by Global except for the reroute agreed on in National City following Roosevelt, 8`t' Street and Highland Avenue. The route will not deviate from the design engineered by Global. The Global Crossing build is a point-to-point link passing through San Diego County with no local branches dropping off. Bore pit and splice pit locations will be made convenient to local traffic signals and similar locations for city tic -ins providing these locations are not detrimental to or otherwise complicate. the Global Crossing build. 3. In addition to expedited plan check status, we expect National City and Chula Vista to create or adopt a suitable Right of Way Agreement so that we may actually submit our plans for review. We also expect that National City and Chula Vista determine what type of permits need to be issued. 4. It must be clearly understood that the Global Crossing manholes are exclusive to Global Crossing. Any manholes, handlioles or, splice boxes required by the Southbay Interconnect Project are the sole responsibility of the Southbay Interconnect Project . au ilaa.l. a,_�aw�:. U AJJVV 003.004 Page 2 of 2 — David Sorenson — Kindcy-Horn & Associates — January 26, 2001 5. Global Crossing will provide as -built drawings and any additional information required for the city tie-in design work. Global Crossing believes that the release of this information should not be a condition of obtaining the necessary pci units and agreements for the project and reserves the right to release this information only after the project is permitted. 6. Global Crossing requests a realistic time schedule for permitting and the start of construction. 7. The Global Crossing build is engineered to utilize directional boring as the primary method of construction. A positive dialog with San Diego indicates this to be acceptable; we request a formal agreement allowing directional boring. 8. Help from all cities with asphalt and dirt disposal, staging areas for materials and equipment and reasonable requests for assistance will be expected. Global Crossing has, in effect, given the Southbay Interconnect Project and their participants everything they have asked for. In return the cities have as yet not issued the required permits. As requested in item 6 (above) we expect a realistic time schedule for permit issuance and construction as soon as possible. We look forward to a' timely response. Thank you in advance for your cooperation in this matter. Sincerely, Luis Garcia OSP Engineer/Construction Manager Global Crossing 716.777.212 LG cc: D.Miller — VP Construction, Operations and Engineering, LAC PROGRAM SUPPLEMENT NO. M017 Rev. 1 to ADMINISTERING AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO. 11-5004 Date: April 09, 2002 Location: l I-SD-O-SD Proj ect Number : CMLG-5004(084) E.A. Number:ll-955912 This Program Supplement is hereby incorporated into the Agency -State Agreement for Federal Aid which was entered into between the Agency and the State on 08/28/98 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. 2.9 5 5 `7 approved by the Agency on j o — t S - 100 j (See copy attached). The Agency further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with the covenants or remarks setforth on the following pages. PROJECT LOCATION: City Of San Diego,National City & Chula Vista -- South Bay TYPE OF WORK: Multi Agency Traffic Signal Interconnect Estimated Cost Federal Funds 32A0 $1,411,000.00 Q400 $317,000.00 $1,094,000.00 LENGTH: 13.5 (MILES) Matching Funds LOCAL $0.00 $0.00 OTHER $0.00 CITY OF SAN DIEGO By( Date Attest Title Za/t /o�-- I hereby STATE OF CALIFORNIA Department of Transportation By Chief, Office of Local Programs Project Implementation Date certify upon my personal knowledge that budgeted Accounting Offic Chapter Statutes I Item Yea(:!!;?r Prodr j 106 2001 2660-101-890 2001-20 20.30.010.820 324 1998 2660-101-890 98-99 20.30.010.820 funds are available for this encumbrance: Date BC Category Fund Source 262040 892-F 262040 892-F $1,411,000.00 AMOUNT 1,094,000.00 317,000.00 Program Supplement 11-5004-M017-R1 ISTEA Page 1 of 3 MASTER AGREEMENT ADMINISTERING AGENCY - STATE AGREEMENT FOR `STATE FUNDED PROJECTS ) District 11 Agreement No. 000005 City of San Diego Adminstering Agency THIS AGREEMENT, made effective this ninth day of December,/`.'is by and between the City of San Diego, hereinafter referred to as 'ADMINISTERING AGENCY,' and, the State of California, acting by and through its Department of Transportation, hereinafter referred to as 'STA lb.' WITNESSETH WHEREAS, the Legislature of the State of California has enacted legislation by which certain State funds are made available for use on local transportation facilities; and WHEREAS, ADMINISTERING AGENCY has applied to the California Transportation Commission (CTC) and/or STATE for funding from the STALE b Transportation Improvement Program (STIP), or other programs, as defined in thLocal Assistance Program Guidelines for use on local transportation facilities as local administered PROJECT(s), hereinafter referred to as "PROJECT"; and WHEREAS, said PROJECT will not receive any federal funds; and WHEREAS, STATE is willing to enter into an AGREEMENT with ADMINISTERING AGENCY to delineate those certain obligations placed upon ADMINISTERING AGENCY relative to the use of said State funding and the prosecution of said PROJECT by ADMINISTERING AGENCY. NOW, THEREFORE, the parties agree as follows: ARTICLE I - PROJECT ADMINISTRATION 1. This AGREEMENT shall have no force or effect with respect to any programmed project unless and until a PROJECT -specific program supplement, adopting all of the terms and conditions of this AGREEMENT, hereinafter referred to as "PROGRAM SUPPLEMENT," has been fully executed by the parties. 2. A Financial commitment of state funds will occur only following the execution of this AGREEMENT together with the subsequent execution of each applicable PROGRAM SUPPLEMENT. 3. ADMINISTERING AGENCY further agrees, as a condition to the release and payment of State funds encumbered to the PROJECT described in the PROGRAM SUPPLEMENT, to comply with the terms of this AGREEMENT and all of the agreed -upon Special Covenants and Page 1 of 9 1/5/00 Conditions attached to or made a part of the PROGRAM SUPPLEMENT, identifying and. defining the nature of that specific PROJECT. 4. The PROGRAM SUPPLEMENT shall designate the ADMINISTERING AGENCY responsible for implementing the various phases of the PROJECT, the State funding program, and the matching funds to be provided by ADMINISTERING AGENCY and/or others. Adoption and execution of the PROGRAM SUPPLEMENT by ADMINISTERING AGENCY and STATE, incorporating the terms and conditions of this AGREEMENT into the PROGRAM SUPPLEMENT as though fully set forth therein, shall be sufficient to bind the ADMINISTERING AGENCY to these terms and conditions when performing the PROJECT. finless otherwise expressly delegated in a resolution by the ADMINISTERING .AGENCY'S governing body and concurred in by STATE, the PROGRAM SUPPLEMENT shall be managed by the ADMINISTERING AGENCY'S governing body. 5. PROJECT shall be acquired, designed, and constructed (a) as required in the Local Assistance Program Guidelines, (b) such other STATE procedures as are identified in the PROGRAM SUPPLEMENT, and (c) as is specified in this AGREEMENT. 6. Unless otherwise provided in the PROGRAM SUPPLEMENT, the ADMINISTERING AGENCY shall advertise, award, and administer the PROJECT construction contract or contracts. 7. The estimated cost and scope of PROJECT will be as described in the PROGRAM SUPPLEMENT and STATE funding participation is limited to the amounts established by • STATE. A contract awarded by ADMINISTRATING AGENCY for an amount in excess of said approved estimate may exceed said PROGRAM SUPPLEMENT cost estimate provided (a) ADMINISTERING AGENCY provides the necessary additional funding or (b) a PROJECT cost increase in State funding is first requested by ADMINISTERING AGENCY and is approved by STATE in the form of an amended PROGRAM SUPPLEMENT or a STATE approved encumbrance document adding (or deleting) PROJECT funds. 8. Subsequent to the inclusion of the PROJECT in a plan or program approved .by..STATE and the ADMINISTERING AGENCY entering into this AGREEMENT and the PROGRAM SUPPLEMENT, the ADMINISTERING AGENCY may request and receive payment for -:eligible work as follows: (a) STATE will reimburse the STATE's share of eligible participating PROJECT costs monthly in arrears upon ADMINISTERING AGENCY'S submittal of signed acceptable monthly progress pay invoices (in duplicate) for expenditures actually made by ADMINISTERING AGENCY. (b) If PROJECT involves work on the STATE highway system, that PROJECT shall also be the subject of separate standard forms of STATE encroachment permits issued to ADMINISTERING AGENCY and any contractors and, where appropriate, an executed cooperative agreement between STATE and ADMINISTERING AGENCY to determine how PROJECT is to be acquired, designed, or constructed and to establish ownership and future maintenance obligations. Page 2 of 9 t/5/00 (c) State funds will not participate in any portion of PROJECT work performed in advance of either the effective date of the executed PROGRAM SUPPLEMENT for said PROJECT or the effective date of this AGREEMENT. 9. The total of all ADMINISTERING AGENCY invoices (submitted monthly or quarterly in arrears) for reimbursement of participating PROJECT costs, including all required ADMINISTERING AGENCY matching funds, must not exceed the actual total allowable PROJECT costs, including, but not limited to, all completed preliminary engineering work, right of way acquisition, design and construction included within the PROJECT description contained in the PROGRAM SUPPLEMENT. 10. Invoices shall be submitted on ADMINISTERING AGENCY letterhead and shall reference (a) this AGREEMENT number, (b) the PROJECT title and number, (c) the progress billing number for the PROJECT, and (d) shall be formatted and costs reported in accordance with the current version of Chapter 5, "Accounting/Invoices," of the Local Assistance Procedures Manual published by STATE. 11. STATE programmed amounts may be increased to cover PROJECT cost increases only (a) if such funds are available, (b) STATE concurs with that proposed increase, and (c) STATE executes an amending PROGRAM SUPPLEMENT or a STATE approved encumbrance document encumbering those funds. 12. When additional State funds are not available, the ADMINISTERING AGENCY agrees that the payment of State funds will be limited to the amounts already approved in the PROGRAM SUPPLEMENT and all STATE approved encumbrance documents and that any increases in PROJECT costs must be defrayed with ADMINISTERING AGENCY funds. 13. The legislature of the State of California and the Governor of the State of California, each within their respective jurisdictions, have prescribed certain employment practices with respect to contract and other work financed with State funds. ADMINISTERING AGENCY shall ensure that work performed under this AGREEMENT is done in conformance with the rules and regulations embodying such requirements where they are applicable. 14. ADMINISTERING AGENCY and its subcontractors shall establish and maintain an accounting system conforming to Generally Accepted Accounting Principles (GAAP) to support reimbursement payment vouchers or invoices which segregate and accumulate costs of PROJECT work elements and produce monthly reports which clearly identify reimbursable costs, matching costs, and other expenditures by ADMINISTERING AGENCY. 15. ADMINISTERING AGENCY and all subcontractors shall comply with the Uniform Administrative Requirements for State and Local Governments set forth in the Code of Federal Regulations (CFR), Title 49, Part 18. In addition, the ADMINISTERING AGENCY agrees to comply with the cost principles and procedures set forth in Office of Management and Budget Circular A-87. The ADMINISTERING AGENCY agrees that a reference to either Office of Management and Budget (OMB) Circular A-87 or the Code of Federal Regulations, Title 49, Chapter 1, Part 31, whichever is applicable and the code of Federal Regulations, Title 49, Part 18, will be included in any subcontracts entered into as a result of this AGREEMENT. Page3of9 1/5/00 16. After completion of all work under this AGREEMENT, and after all PROJECT costs are known, ADMINISTERING AGENCY shall contract for a financial audit of PROJECT costs if those costs are in excess of $300,000. This Audit, to be accomplished at the ADMINISTERING AGENCY'S expense, may be done on an individual PROJECT basis, or PROJECT may be included in the ADMINISTERING AGENCY'S annual Single Audit. I.f an individual audit of PROJECT is done, the auditor must prepare a Final Audit Report. If ADMINISTERING AGENCY chooses the Single Audit option, an audit report is required for the State funding share. This report should be prepared in accordance with the guidelines set forth in OMB Circular A-133. Compliance testing performed for this audit should determine whether the ADMINISTERING AGENCY has a system that is adequate to accumulate and segregate reasonable, allowable and allocable costs to assure that: (a) Reimbursement claims submitted to STATE for the PROJECT are supported by payment vouchers and canceled checks. • (b) Charges for the various categories of eligible PROJECT costs incurred by the ADMINISTERING AGENCY are fully supported and recorded in the ADMINISTERING AGENCY'S accounting records in accordance with generally accepted accounting principles. (c) The ADMINISTERING AGENCY complied with CFR 49 Part 18, Uniform Administrative Requirements for State and Local Governments and OMB A-87, Cost Principles for State and Local Governments. Any instances of noncompliance or costs determined ineligible in accordance with these regulations but claimed for reimbursement should be identified and set forth in the auditor's report. 17. The "State Report of Expenditures" must be completed by ADMINISTERING AGENCY within one hundred eighty (180) clays of PROJECT completion in the format described for State funded projects in Chapter 17, "Project Completion" of the Local Assistance Procedures Manual. The Final Invoice must be submitted with the "State Report of Expenditures". The Audit must be completed by the December 30th following the fiscal year of PROJECT completion. Project completion is defined as when all work identified in the approved PROJECT Application and PROGRAM SUPPLEMENT has been completed and final costs are known. The report documents (State Report of Expenditures and Final Audit Report) will be sent to the appropriate STATE office. Failure to comply with these reporting requirmepts may result in the withholding of future allocations for other projects. 18. STATE reserves the right to conduct technical and financial audits if it is determined to be necessary. After any financial audit, ADMINISTERING AGENCY shall promptly refund any excess State funds erroneously reimbursed to ADMINISTERING AGENCY. 19. Should ADMINISTERING AGENCY fail to refund all moneys due STATE as provided hereunder or should ADMINISTERING AGENCY breach this AGREEMENT by failing to complete PROJECT, then, within thirty (30) days of STATE's demand, or within such other period as may be agreed to in writing between the parties hereto, STATE, acting through the State Controller, the State Treasurer, the California Transportation Commission (CTC), or any other public agency, may withhold or demand a transfer of an amount equal to the PROJECT Page 4 of 9 1 /5/00 amount paid by STATE from future apportionments or any other funds due ADMINIS I BRING AGENCY from the Highway Users Tax Fund or any other funds and/or may withhold approval of future ADMINISTERING AGENCY projects. 20. Should ADMINISTERING AGENCY be constituted as a joint powers authority, a special district, or any other public entity not directly receiving funds through the State Controller and ADMINISTERING AGENCY is declared by STATE to be in breach of this AGREEMENT or otherwise in default, STATE is authorized to obtain reimbursement from whatever sources of funding are available, including the withholding or transfer of funds, pursuant to Article I-19, from any or all, joint and several, of those constituent entities comprising the joint powers authority or by the bringing of an action against ADMINISTERING AGENCY and its constituent member entities to recover all funds provided by STATE hereunder. The ADMINISTERING AGENCY acknowledges that the signatory party represents the ADMINISTRING AGENCY and further warrants that there is nothing within the Joint Powers Agreement itself that would restrict or otherwise limit STATE's ability to recover state funds improperly spent by the ADMINISTERING AGENCY in contravention of the terms of this AGREEMENT. 21. When PROJECT is not on the STATE highway system, but includes work to be performed by a railroad, the contract for such work shall be prepared and administered by ADMINISTERING AGENCY or by STATE, as the parties may hereafter agree. In either event, ADMINISTERING AGENCY shall enter into an agreement with the railroad providing for future maintenance of protective devices or other facilities installed or constructed under that contract. ARTICLE II - ENGINEERING 1. "Project Development Costs" includes all preliminary work directly related to the PROJECT up to contract award for construction, including, but not limited to, environmental studies, preliminary surveys and reports, laboratory work, soil investigation, preparation of plans, specifications and estimates, advertising for bids, awarding contract, as well as project development contract administration. 2. "Construction Engineering" eligible costs include actual inspection and supervision of PROJECT construction work, construction staking, laboratory and field testing, preparation and processing of field reports, and records, estimates, final reports, and allowable expenses of employees/consultants engaged in such activities. 3. Unless the parties shall otherwise agree in writing, ADMINISTERING AGENCY's employees or its subcontractor engineering consultant shall be responsible for all PROJECT engineering work. When construction engineering is performed by STATE, charges by STATE invoiced to ADMINISTERING AGENCY shall include an assessment on direct labor costs in accordance with Section 8755.1 of the State Administrative Manual. Any portions of STATE charges not contractually absorbed by STATE shall be paid from PROJECT or other funds administered by ADMINISTERING AGENCY. Page 5 of 9 1/5/00 4. Costs incurred by ADMINISTERING AGENCY in the period prior to the effective date of this AGREEMENT or prior to a later date specified in a PROGRAM SUPPLEMENT or after termination date for PROJECT described in the PROGRAM SUPPLEMENT or this AGREEMENT are not allowable by STATE as reimbursable or matching costs. ARTICLE III - RIGHT-OF-WAY 1. All related rights -of -way necessary for the construction of PROJECT shall be acquired by ADMINISTERING AGENCY, and no contract for construction of PROJECT or any portion thereof shall be advertised until those necessary rights -of -way have been secured. 2. The furnishing of rights -of -way as provided for herein includes, and is limited to, the following, unless the PROGRAM SUPPLEMENT provides otherwise: (a) expenditures to purchase all real property required for PROJECT free and clear of liens, conflicting easements, obstructions and encumbrances, after crediting PROJECT with the fair market value of any excess property retained and not disposed of by ADMINISTERING AGENCY. (b) the payment of damages to real property not actually taken but injuriously affected by the proposed improvement. (c) the cost of relocating owners and occupants pursuant to Government Code Sections 7260-7277. (d) the cost of demolition and sales of all improvements on the right-of-way after credit for sale proceeds. (e) the cost of all unavoidable utility relocation, protection or removal. (f) the cost of all necessary hazardous material and hazardous waste treatment, encapsulation or removal and protective storage for which ADMINISTERING AGENCY is not responsible and where the actual generator cannot be identified and recovery made. 3. Should ADMINISTERING AGENCY, in an individual, family, business, farm operation or AGENCY shall provide relocation payments and Code Sections 7260-7277. acquiring right-of-way for PROJECT, displace nonprofit organization, the ADMINISTERING services as required by California Government 4. State funds will not participate in any PROJECT costs arising out of delays to construction or a demolition contractor's orderly prosecution of the PROJECT work because utilities have not been timely removed or relocated or due to the unavailability of rights -of -way. 5. If any protection, relocation or removal of utilities is required within STATE's right-of-way, such work shall only be performed in accordance with then current STATE policies and procedures. ADMINISTERING AGENCY shall require any utility company performing relocation work in the STATE's right-of-way to obtain a STATE Encroachment Permit prior to the performance of said relocation work. Any relocated utilities shall be correctly located and identified on the PROJECT as -built plans. Page 6 of 9 1/5/00 ARTICLE IV - MISCELLANEOUS PROVISIONS 1. The cost of security, protection, or maintenance performed by ADMINISTERING AGENCY or contractor forces during any temporary suspension of the work or at any other time may not be charged to the PROJECT. 2. 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 ADMINISTERING AGENCY under or in connection with any work, 'authority, or jurisdiction delegated to ADMINISTERING AGENCY under this AGREEMENT. It is also understood and agreed that, pursuant to Government Code Section 895.4, ADMINISTERING AGENCY shall fully defend, indemnify and hold STATE, its officers and employees harmless from any liability imposed for injury (as defined be Government Code Section 810.8) occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under or in connection with any work, authority, or jurisdiction delegated to ADMINISTERING AGENCY under this AGREEMENT. 3. Neither ADMINISTERING AGENCY nor any officer or employee thereof, shall be responsible for any damage or liability occurring by reasons 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. It is also understood and agreed that pursuant to Government Code Section 895.4, STATE shall . fully defend, indemnify and hold ADMINISTERING AGENCY harmless from any liability imposed for injury (as defined be Government Code Section 810.8) occurring by reason of anything clone or omitted to be done by STATE under or in connection with any work, authority, or jurisdiction delegated to STATE under this AGREEMENT. 4. Auditors of state shall be given access to books and records of ADMINISTERING AGENCY and its consultants, contractors and subcontractors for the purpose of verifying PROJECT costs and STATE's share to be paid or credited to ADMINISTERING AGENCY for matching funds. ADMINISTERING AGENCY shall include clauses in its contracts for PROJECT obligating consultants, contractors and subcontractors to conform and cooperate in any audit of their PROJECT costs including providing copies of all requested documents and financial records. 5. ADMINISTERING AGENCY will maintain and operate the PROJECT property acquired, developed, rehabilitated, or restored for its intended public use as proposed in those documents supplied by ADMINISTERING AGENCY as part of PROJECT funding applications and as described in this AGREEMENT until such time as the parties might amend this AGREEMENT to otherwise provide. With the approval of STATE, ADMINISTERING AGENCY or its successors in interest in the property may transfer this obligation and responsibility to maintain and operate the PROJECT property to another public entity. Page 7 of 9 1 /5/00 6. Upon ADMINISTERING AGENCY acceptance of the completed PROJECT construction contract or upon the construction contractor being relieved of the responsibility for maintaining and protecting any portion of the work, the ADMINISTERING AGENCY having jurisdiction over the PROJECT shall maintain, repair and restore any damaged portions of the completed work in a manner satisfactory to the authorized representatives of STATE. If, within ninety (90) days after receipt of notice from STATE that a PROJECT, or any portion thereof, under ADMINISTERING AGENCY's jurisdiction is not being properly operated, maintained, repaired or restored and ADMINISTERING AGENCY has not satisfactorily remedied the conditions complained of, the approval of future projects of ADMINISTERING AGENCY will be withheld until the PROJECT shall have been put in a condition satisfactory to STATE. The provisions of this section shall not apply to a PROJECT which has been vacated, hs preapproved by STATE, through due process of law. 7. The ADMINISTERING AGENCY obligation to maintain, referred to in paragraph 6 above, includes not only the physical condition of the PROJECT but its continued operation as well. PROJECT shall be maintained by an adequate and well -trained staff of engineers and/or such other professionals and technicians as the PROJECT requires. Said maintenance staff may be employees of ADMINISTERING AGENCY, another unit of government, or a contractor under an agreement with ADMINISTERING AGENCY. All maintenance will be performed at regular intervals or as required for efficient operation of the complete PROJECT improvements. 8. Without the written consent of STATE, this AGREEMENT is not assignable by ADMINISTERING AGENCY, either in whole or in part. 9. No alteration or variation of the terms of this AGREEMENT or the PROGRAM SUPPLEMENT shall he valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 10. This AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the State Legislature or adopted by the CTC that may affect the provisions, terms, or funding of this AGREEMENT in any manner. 11. ADMINISTERING AGENCY agrees to use all PROJECT finds reimbursed hereunder only for transportation purposes that are in conformance with Article XIX of the California State Constitution. ARTICLE V - CONDITION OF ACCEPTANCE ADMINISTERING AGENCY shall conform to all State statutes, regulations, and the Local Assistance Program Guidelines and Local Assistance Procedures Manual as published by STATE and incorporated herein, including all subsequent approved revisions thereto, hereafter collectively referred to as PROCEDURES, applicable to PROJECT, unless otherwise designated . in the approved PROGRAM SUPPLEMENT. Page 8 of 9 1/5/00 This AGREEMENT and any PROGRAM SUPPLEMENT(s) executed under this AGREEMENT shall terminate upon sixty (60) days' prior written notice by STAlb except that obligations relative to the respective parties indemnification shall not expire and the ADMINISTERING AGENCY'S duties assumed under Sections 4, 5, 6 and 7 of Article IV shall continue for so long as PROJECT remains operable. IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized officers. STATE OF CALIFORNIA City of San Diego Department of Transportation By L� " By '"Chief, Office of Local Programs (Aut rized R_ entative) Project Implementation Date It/' Date G' Z`✓a� Page 9 of 9 1/5100 Broadway t LOCATION MAP w 0 7 to t5 4 Newton Sr° '\ 32nd St. Not To Scale CITY OF NATIONAL CITY CITY OF CHULA VISTA' CITY OF CHULA VISTA CITY OF SAN DIEGO Otoy Meso l-- te- States \---------------'-- Mexico City of National City, California COUNCIL AGENDA STATEMENT .VIEETING DATE February 17, 2003 AGENDA ITEM NO. 8 ITEM TITLE A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH CITY OF SAN DIEGO TO INSTALL, SHARE, AND MAINTAIN THE SOUTH BAY TRAFFIC SIGNAL INTERCONNECT FACILITIES PREPARED BY Din Daneshfar 336 4387 EXPLANATION DEPARTMENT See attached explanation. Public Works/Engineering Environmental Review x N/A Financial Statement Adoption of the Resolution has no financial impact. Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Proposed Agreement (3 original copies) Resolution No. 2004-26 A-200 (9r99) Each participating agency (San Diego, National City, and Chula Vista) collectively applied for a Congestion Mitigation Air Quality (CMAQ) grant to install the Regional South Bay Traffic Interconnect Improvements and City of San Diego accepted the grant on behalf of the other participating agencies in the amount of $1,411,000. The City of San Diego will administer the public works contract for the installation of the entire fiber optic cable. This will include the design, construction, and installation of the fiber optic cable. A segment of the proposed South Bay Traffic Signal interconnect fiber optic cable is located in the City of National City's jurisdiction. The fiber optic cable alignment limits in National City are as follows: • Highland Avenue form Chula Vista City Boundary to 8th Street • 8th Street from Highland Avenue to Roosevelt Avenue ® Roosevelt Avenue from 8th to Main Streets. The purpose of the project is to interconnect the existing traffic signals on the major arterials, located within the three agencies in order to coordinate the timing and to diagnose the malfunctioning of the signals. A computer software program will process the available data and manipulate/monitor the actual field traffic movements. The traffic movements can be also monitored graphically on the computer screen. The cities will share information to facilitate a smooth traffic flow through the main street corridor. This system may eventually be expanded to monitor the traffic via video camera equipment from the City Hall. The. City of National City Public Works/Engineering Department has approved the plans, specifications, and contract documents for the project in its jurisdiction. The attached proposed agreement is for the responsibilities of the participating agencies for installing, sharing, and maintaining the South Bay Traffic Signal Interconnect with in the each jurisdiction. The City of National City will be as a third party beneficiary of the Contract. The Contactor will obtain a permit from the City Of National City prior to commencement of the construction. The permittee shall be required to provide the following documents: ® Workers Compensation Insurance Certificate ® General Liability Insurance Certificate ® City Business License • Contractor's License and appropriate classification ® A copy of Notice of Contract Award ® Traffic Control Plans RESOLUTION NO. 2004 — 26 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE CITY OF SAN DIEGO TO INSTALL, SHARE, AND MAINTAIN THE SOUTH BAY TRAFFIC SIGNAL INTERCONNECT WHEREAS, the cities of National City, Chula Vista and San Diego collectively applied for a Congestion Mitigation Air Quality ("CMAQ") grant to install the Regional South Bay Traffic Interconnect Project improvements consisting of the installation, sharing and maintenance of fiber optic cable for the purpose of communication and traffic signal integration; and WHEREAS, the City of San Diego accepted the grant on behalf of the other participating agencies in the amount of $1,411,00, and has applied for a program supplement in the amount of $300,000; and WHEREAS, each city has approved the plans, specifications and contract documents for installation for the fiber optic cable; and WHEREAS, the City of San Diego will administer the public works contract for the installation of the entire fiber optic cable, which includes the design, construction and installation of the fiber optic cable; and WHEREAS, an agreement has been proposed setting forth the responsibilities of the cities for the installation, sharing and maintenance of fiber optic cable within each city's jurisdiction. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute on behalf of the City an Agreement with the cities of San Diego and Chula Vista for the South Bay Traffic Signal Interconnect Project. Said Agreement in on file in the office of the City Clerk. PASSED and ADOPTED this 17'h day of February, 2004. ATTEST: i/ Mich. -I R. Dalla, y Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney Nick Inzunza, IVlayor Passed and adopted by the Council of the City of National City, California, on February 17, 2004, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Natividad, Parra, Ungab. Nays: None. Absent: Councilmember Morrison. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of National City, California City erk of the City o National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2004-26 of the City of National City, California, passed and adopted by the Council of said City on February 17, 2004. City Clerk of the City of National City, California By: Deputy City of National City Office of the City Clerk 1243 National City Boulevard, National City, California 91950-4397 Michael R. DaHa, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 February 23, 2004 Casey Gwinn, City Attorney City of San Diego 202 "C" Street San Diego CA 92101-4806 Dear Ms. Gwinn, On February 17, 2004, Resolution No. 2004-26 was passed and adopted by the City Council of the City of National City, authorizing the. Mayor to execute an agreement with the City of San Diego to install, share and maintain the South Bay Traffic Signal Interconnect. We are forwarding a certified copy of the above Resolution and three original agreements signed by the City of National City (and the City of Chula Vista). Please provide our office with a fully executed original agreement. Sincerely, Martha L. Alvarez, CMC Deputy City Cleric lmla Enclosure cc: Public Works 1 Engineering File No. C2004-8