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HomeMy WebLinkAbout2015 CON SANDAG - Sweetwater Bikeway Plaza Bonita Road SegmentMEMORANDUM OF UNDERSTANDING BETWEEN SAN DIEGO ASSOCIATION OF GOVERNMENTS AND THE CITY OF NATIONAL CITY REGARDING MAINTENANCE OF THE SWEETWATER BIKEWAY PLAZA BONITA SEGMENT WITHIN THE CITY OF NATIONAL CITY, CALIFORNIA This Memorandum of Understanding ("MOU") is made and entered into effective as of this 6.7H day of oct02) 7%, 2015 by and between the San Diego Association of Governments ("SANDAG") and the City of National City, a municipal corporation ("NATIONAL CITY") (collectively the "Parties"). RECITALS The following recitals are a substantive part of this Agreement: WHEREAS, the Sweetwater Bikeway is a four (4)-mile bike route that provides transportation and recreational opportunities for pedestrians and bicyclists along the Sweetwater River; and WHEREAS, both Parties supported the design and construction of 0.45 miles of Class I Bike Path known as the Sweetwater Bikeway Plaza Bonita segment ("PROJECT") located on the westerly side of Plaza Bonita Road within the City of National City. The Project doses a gap in the Sweetwater Bikeway and extends approximately 2,000 feet north of the intersection of Plaza Bonita Road and Bonita Mesa Road to approximately 400 feet south of the same intersection connecting to existing Class I Bike Paths at each end, as depicted in Exhibit 1; and WHEREAS, on October 7, 2011, SANDAG approved funding to advance the environmental and final design phases of the PROJECT and, with the Fiscal Year 2013 Program Budget, approved funding for the construction phase; and WHEREAS, as part of the approved funding, SANDAG assumed responsibility as lead agency in project and program implementation of the PROJECT for NATIONAL CITY; and WHEREAS, final plans and specifications were prepared under the supervision of SANDAG and accepted by the City Engineer of the City of National City on February 20, 2014; and WHEREAS, on July 29, 2014, SANDAG publicly advertised the PROJECT for competitive bidding; and WHEREAS, on October 10, 2014, SANDAG awarded Contract No. 5007002 to I/O Environmental & Infrastructure, Inc. ("CONTRACTOR") in the amount of $781,602.30, for construction of the PROJECT; and WHEREAS, on October 27, 2014, SANDAG issued a formal Notice to Proceed to the CONTRACTOR; and WHEREAS, on March 23, 2015, engineers, inspectors and construction management staff from both Parties participated in a final project walkthrough with the CONTRACTOR to verify completion of the PROJECT in accordance with the plans and specifications; and 1 WHEREAS, based on the results of the final project walkthrough, SANDAG's Principal Construction Engineer recommended final acceptance of the work performed by the CONTRACTOR, effective April 2, 2015; and WHEREAS, on June 10, 2015, SANDAG's Director of Mobility Management and Project Implementation accepted the work performed by the CONTRACTOR, with concurrence from the City Engineer of the City of National City, as documented in Exhibit 2; and WHEREAS, the final contract balance for Contract No. 5007002, which includes the original contract award plus all construction change orders, was $866,046.95; and WHEREAS, SANDAG authorized the preparation of as -built drawings, which were submitted to the City Engineer for review in May, 2015; and WHEREAS, following several rounds of review, comments and resubmittals, the final as -built drawings were accepted by the City Engineer on September 15, 2015; and WHEREAS, NATIONAL CITY agrees to maintain the PROJECT as -built; and WHEREAS, NATIONAL CITY may utilize the services of contractors, subcontractors, consultants or other agents for maintenance of the PROJECT; and WHEREAS, the parties wish to memorialize their Agreement in this MOU to carry out the purposes set forth above. 2 AGREEMENT NOW THEREFORE, in consideration of the mutual promises set forth herein, the parties agree as follows: SANDAG AGREES: 1. Neither NATIONAL CITY nor any employee or officer thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by SANDAG under or in connection with any work, authority or jurisdiction delegated to SANDAG under this MOU. It is understood and agreed that, pursuant to Government Code Section 895.4, SANDAG shall fully defend, indemnify and save harmless NATIONAL CITY, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by SANDAG under or in connection with any work, authority or jurisdiction delegated to SANDAG under this MOU. NATIONAL CITY AGREES: 2. To accept the improvements completed for the Sweetwater Bikeway Plaza Bonita segment located on the westerly side of Plaza Bonita Road within the City of National City, California. 3. To maintain, at its expense, the PROJECT as -built. 4. Neither SANDAG nor any officer thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by NATIONAL CITY under or in connection with any work, authority or jurisdiction delegated to NATIONAL CITY under this MOU. It is understood and agreed that, pursuant to Government Code Section 895.4, NATIONAL CITY shall fully defend, indemnify and save harmless SANDAG, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by NATIONAL CITY under or in connection with any work, authority or jurisdiction delegated to NATIONAL CITY under this MOU. 3 The Parties Mutually Agree: 1. That all obligations of SANDAG under the terms of this MOU are subject to the appropriation of the required resources by SANDAG and the approval of the SANDAG Board of Directors. 2. Any notice required or permitted under this MOU may be personally served on the other party, by the party giving notice, or may be served by certified mail, return receipt requested, to the following addresses: For SANDAG 401 B Street, Suite 800 San Diego, CA 92101 Attn: Emilio Rodriguez, Project PM For NATIONAL CITY 1243 National City Boulevard National City, CA 91950 Attn: Stephen Manganiello, Director of Public Works/City Engineer 3. That unless it is amended by the parties in writing, this MOU shall remain in force for so long as the PROJECT improvements remain. 4. The indemnification provisions of this MOU shall survive any termination of the MOU. 5. This MOU shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this MOU, the action shall be brought in a state or federal court situated in the County of San Diego, State of California. 6. All terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 7. For purposes of this MOU, the relationship of the parties is that of independent entities and not as agents of each other or as joint venturers or partners. The parties shall maintain sole and exclusive control over their personnel, agents, consultants, and operations. 8. No alteration or variation of the terms of this MOU shall be valid unless made in writing and signed by the parties hereto who shall be vested with the authority to effect such amendment, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 9. Nothing in the provisions of this MOU is intended to create duties or obligations to or rights in third parties to this MOU or affect the legal liability of the parties to this MOU to third parties. 10. This MOU may be executed in any number of identical counterparts, each of which shall be deemed to be an original, and all of which together shall be deemed to be one and the same instrument when each party has signed one such counterpart. 4 IN WITNESS WHEREOF, the Parties hereto have executed this MOU effective on the day and year first above written. SAN DIEGO ASSOCIATION OF GOVERNMENTS GARY L. GALLEGOS Executive Director APPROVED AS TO FORM: OfficSLVJ e General Counsel CITY OF NATIONAL CITY RON MORRISON Mayor APPROVED AS TO FORM: CLAUDIA G. S LVA City Attorrr 5 EXHIBIT 1 - PROJECT LOCATION (NDAG 401 B Street, Suite 800 San Diego, CA 92101- 4231 (619) 699-1900 Fax (619) 699-1905 sandag org MEMBER AGENCIES Cities of Carlsbad Chula Vista Coronado Del Mar El Cajon Encinitas Escondido Imperial Beach La Mesa Lemon Grove National City Oceansid - Poway San Diego San Marcos Santee Solana Beach Vista and County of San Diego ADVISORY MEMBERS Imperial County California Department of Transportation Metropolitan Transit System North County Transit District United States Department of Defense San Diego Unified Port District San Diego County Water Authority Southern California Tribal Chairmen's Association Mexico August 12, 2015 CIP 1144500 Mr. Mike Bilodeau President I/O Environmental & Infrastructure, Inc. 2840 Adams Avenue, Suite 301 San Diego, CA 92116 Dear Mr. Bilodeau. Subject: RELIEF FROM MAINTENANCE AND RESPONSIBILITY AND FINAL ACCEPTANCE — SWEETWATER BIKEWAY PLAZA BONITA SEGMENT PROJECT, CIP 1144500 (CONTRACT 5007002) I/O Environmental & Infrastructure, Inc., is hereby granted Relief from Maintenance and Responsibility and Final Acceptance for the Sweetwater Bikeway Plaza Bonita Project, effective April 2, 2015. This is granted in accordance with Section 7-6.05, "Acceptance of Contract" of the Special Provisions and SANDAG Policy No. 024, "Procurement and Contracting — Construction." Sincerely, -4) JIM LINTHICUM Director of Mobility Management and Project Implementation LTorio 1144500 5007000 SweetwaterBikewayPlazaBonita_RFM_Accept.SCHOI cc: Ramon Ruelas John Anderson Emilio Rodriguez Louise Torio Contracts File San Diego ASSOCIATION OF GOVERNMENTS MEMO June 10, 2015 CIP 1144500 TO: Jim Linthicum FROM: Ramon Ruelas SUBJECT: FINAL ACCEPTANCE, PLAZA BONITA BIKEWAY — CONTRACT 5007002 In the attached memo, Resident Engineer Solomon Choi has recommended that contract acceptance be granted to I/O Environmental & Infrastructure for the project. Therefore in accordance with Section 7-6.05, "Acceptance of Contract," of the Special Provisions, I recommend that final acceptance of the Plaza Bonita Bikeway Project be granted effective April 2, 2015. A joint jobsite walk with SANDAG and City of National City was conducted on March 23, 2015, and on that same day, the City signed the final inspection forms for the City inspection record. RECOMMEND: Ramon Ruelas Principal Construction Engineer APPROVE: ,Iint t.fnlliicu r t)iicc;tor of fvi(,biloy lent And Project Implementation CONCUR: SteplSon Manganiello Director of Engineering/Public Works, National City Attachments: Memo from RE and City of National City Acceptance cc: Jim Linthicum Ramon Ruelas John Anderson Emilio Rodriguez Stephen Manganiello, City of National City San Diego ASSOCIATION OF GOVERNMENTS MEMO June 10, 2015 CIP 1144500 TO: Ramon Ruelas SANDAG Principal Construction Engineer FROM: Solomon Choi, Resident Engineer SUBJECT: FINAL ACCEPTANCE PLAZA BONITA BIKEWAY — CONTRACT 5007002 This is to inform you that the contractor, I/O Environmental & Infrastructure has, to the best of my knowledge, satisfactorily completed Contract 5007002 in accordance with the plans and specifications effective on April 2, 2015. In accordance with the provisions indicated in Section 7-6.05, "Acceptance of Contract," of the Special Provisions, I recommend that Contract Acceptance be granted on April 2, 2015 for the entire project. Respectfully, Solomon Choi Resident Engineer File CAT 63 cc: Project Manager RESOLUTION 2015 — 144 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE IMPROVEMENTS COMPLETED FOR THE SWEETWATER BIKEWAY PLAZA BONITA SEGMENT LOCATED ON THE WESTERLY SIDE OF PLAZA BONITA ROAD WITHIN THE CITY OF NATIONAL CITY; AND AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) AND THE CITY OF NATIONAL CITY REGARDING MAINTENANCE OF THE SWEETWATER BIKEWAY PLAZA BONITA SEGMENT WITHIN THE CITY OF NATIONAL CITY WHEREAS, the San Diego Association of Governments (SANDAG) recently completed construction of approximately 0.45 miles of new Class I Bike Path known as the Sweetwater Bikeway Plaza Bonita segment located on the westerly side of Plaza Bonita Road within the City of National City; and WHEREAS, the Project closes a gap in the Sweetwater Bikeway and extends approximately 2,000 feet north of the intersection of Plaza Bonita Road and Bonita Mesa Road to approximately 400 feet south of the same intersection connecting to existing Class I Bike Paths at each end; and WHEREAS, because the local jurisdiction is responsible for on -going maintenance of capital improvement projects, SANDAG is requesting that the City execute a Memorandum of Understanding for the maintenance of the facility. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby accepts the improvements completed for the Sweetwater Bikeway Plaza Bonita segment located on the westerly side of Plaza Bonita Road within the City of National City. BE IT FURTHER RESOLVED that the City Council authorizes the Mayor to execute a Memorandum of Understanding between San Diego Association of Governments (SANDAG) and the City of National City for the maintenance of the Sweetwater Bikeway Plaza Bonita segment within the City of National City. ATTEST: N Mi PASSED and ADOPTED this 6th day of October 5. 2L?J4JJ/1&IL ael R. Dalla, City Clerk on Morrison, Mayor PROVED AS TO FORM: w :'p Gacitua Silva City ey Passed and adopted by the Council of the City of National City, California, on October 6, 2015 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2015-144 of the City of National City, California, passed and adopted by the Council of said City on October 6, 2015. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA c a a \5 - 5 a COUNCIL AGENDA STATEMENT MEETING DATE: October 6, 2015 AGENDA ITEM NO. 8 ITEM TITLE: Resolution of the City Council of the City of National City, 1) accepting the improvements completed for the Sweetwater Bikeway Plaza Bonita segment located on the westerly side of Plaza Bonita Road within the City of National City; and 2) authorizing the Mayor to execute a Memorandum of Understanding between San Diego Association of Governments (SANDAG) and the City of National City regarding maintenance of the Sweetwater Bikeway Plaza Bonita segment within the City of National City PREPARED BY: Stephen Manganiello DEPARTMENT: Engi eering/Pu,. Works PHONE: 336-4382 APPROVED BY: EXPLANATION: The San Diego Association of Governments (SANDAG) recently completed construction of approximately 0.45 miles of new Class I Bike Path known as the Sweetwater Bikeway Plaza Bonita segment located on the westerly side of Plaza Bonita Road within the City of National City. The Project closes a gap in the Sweetwater Bikeway and extends approximately 2,000 feet north of the intersection of Plaza Bonita Road and Bonita Mesa Road to approximately 400 feet south of the same intersection connecting to existing Class I Bike Paths at each end. This project was a regional effort supported by the County of San Diego, SANDAG and the City of National City. City Engineering staff completed a final walkthrough of the project with the contractor and SANDAG this past March and concur that the project was constructed consistent with the plans and specifications. Staff has also reviewed and accepted the final as -built drawings. Consistent with other capital improvement projects, the local jurisdiction is responsible for on -going maintenance. \s such, SANDAG is requesting that the City execute a Memorandum of Understanding regarding maintenance of the facility. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS Ongoing maintenance costs of the bike path will be paid for out of the Department of Engineering & Public Works M&O budget; annual costs for the current fiscal year are estimated to be less than $5,000 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution accepting completion of the Project and authorizing the Mayor to execute the MOU with SANDAG for maintenance of the Class I Bike Path within National City BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. MOU 2. Resolution (k \>Z\Ou t%O. rd0‘S- MEMORANDUM OF UNDERSTANDING BETWEEN SAN DIEGO ASSOCIATION OF GOVERNMENTS AND THE CITY OF NATIONAL CITY REGARDING MAINTENANCE OF THE SWEETWATER BIKEWAY PLAZA BONITA SEGMENT WITHIN THE CITY OF NATIONAL CITY, CALIFORNIA This Memorandum of Understanding ("MOU") is made and entered into effective as of this day of , 2o15 by and between the San Diego Association of Governments ("SANDAG") and the City of National City, a municipal corporation ("NATIONAL CITY") (collectively the "Parties"). RECITALS The following recitals are a substantive part of this Agreement: WHEREAS, the Sweetwater Bikeway is a four (4)-mile bike route that provides transportation and recreational opportunities for pedestrians and bicyclists along the Sweetwater River; and WHEREAS, both Parties supported the design and construction of 0.45 miles of Class I Bike Path known as the Sweetwater Bikeway Plaza Bonita segment ("PROJECT") located on the westerly side of Plaza Bonita Road within the City of National City. The Project closes a gap in the Sweetwater Bikeway and extends approximately z,000 feet north of the intersection of Plaza Bonita Road and Bonita Mesa Road to approximately 40o feet south of the same intersection connecting to existing Class I Bike Paths at each end, as depicted in Exhibit a; and WHEREAS, on October 7, 2011, SANDAG approved funding to advance the environmental and final design phases of the PROJECT and, with the Fiscal Year 2013 Program Budget, approved funding for the construction phase; and WHEREAS, as part of the approved funding, SANDAG assumed responsibility as lead agency in project and program implementation of the PROJECT for NATIONAL CITY; and WHEREAS, final plans and specifications were prepared under the supervision of SANDAG and accepted by the City Engineer of the City of National City on February zo, 2014; and WHEREAS, on July 29, 2014, SANDAG publicly advertised the PROJECT for competitive bidding; and WHEREAS, on October 10, 2014, SANDAG awarded Contract No. 5007002 to I/O Environmental & Infrastructure, Inc. ("CONTRACTOR") in the amount of $781,6o2.3o, for construction of the PROJECT; and WHEREAS, on October 27, 2o14, SANDAG issued a formal Notice to Proceed to the CONTRACTOR; and WHEREAS, on March 23, 2o15, engineers, inspectors and construction management staff from both Parties participated in a final project walkthrough with the CONTRACTOR to verify completion of the PROJECT in accordance with the plans and specifications; and WHEREAS, based on the results of the final project walkthrough, SANDAG's Principal Construction Engineer recommended final acceptance of the work performed by the CONTRACTOR, effective April 2, 2015; and 1 -1- WHEREAS, on June io, 2015, SANDAG's Director of Mobility Management and Project Implementation accepted the work performed by the CONTRACTOR, with concurrence from the City Engineer of the City of National City, as documented in Exhibit 2; and WHEREAS, the final contract balance for Contract No. 5007002, which includes the original contract award plus all construction change orders, was $866,o46.95; and WHEREAS, SANDAG authorized the preparation of as -built drawings, which were submitted to the City Engineer for review in May, 2015; and WHEREAS, following several rounds of review, comments and resubmittals, the final as -built drawings were accepted by the City Engineer on September 15, 2015; and WHEREAS, NATIONAL CITY agrees to maintain the PROJECT as -built; and WHEREAS, NATIONAL CITY may utilize the services of contractors, subcontractors, consultants or other agents for maintenance of the PROJECT; and WHEREAS, the parties wish to memorialize their Agreement in this MOU to carry out the purposes set forth above. 2 -2- AGREEMENT NOW THEREFORE, in consideration of the mutual promises set forth herein, the parties agree as follows: SANDAG AGREES: Neither NATIONAL CITY nor any employee or officer thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by SANDAG under or in connection with any work, authority or jurisdiction delegated to SANDAG under this MOU. It is understood and agreed that, pursuant to Government Code Section 895.4, SANDAG shall fully defend, indemnify and save harmless NATIONAL CITY, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 8ao.8) occurring by reason of anything done or omitted to be done by SANDAG under or in connection with any work, authority or jurisdiction delegated to SANDAG under this MOU. NATIONAL CITY AGREES: 2. To accept the improvements completed for the Sweetwater Bikeway Plaza Bonita segment located on the westerly side of Plaza Bonita Road within the City of National City, California. 3. To maintain, at its expense, the PROJECT as -built. 4. Neither SANDAG nor any officer thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by NATIONAL CITY under or in connection with any work, authority or jurisdiction delegated to NATIONAL CITY under this MOU. It is understood and agreed that, pursuant to Government Code Section 895.4, NATIONAL CITY shall fully defend, indemnify and save harmless SANDAG, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 81.0.8) occurring by reason of anything done or omitted to be done by NATIONAL CITY under or in connection with any work, authority or jurisdiction delegated to NATIONAL CITY under this MOU. 3 -3- The Parties Mutually Agree: That all obligations of SANDAG under the terms of this MOU are subject to the appropriation of the required resources by SANDAG and the approval of the SANDAG Board of Directors. 2. Any notice required or permitted under this MOU may be personally served on the other party, by the party giving notice, or may be served by certified mail, return receipt requested, to the following addresses: For SANDAG 4oa B Street, Suite 800 San Diego, CA9zaoa Attn: Emilio Rodriguez, Project PM For NATIONAL CITY 1243 National City Boulevard National City, CA 91.95o Attn: Stephen Manganiello, Director of Public Works/City Engineer 3. That unless it is amended by the parties in writing, this MOU shall remain in force for so long as the PROJECT improvements remain. 4. The indemnification provisions ofthis MOU shall survive any termination ofthe MOU. 5. This MOU shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this MOU, the action shall be brought in a state or federal court situated in the County of San Diego, State of California. 6. All terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 7. For purposes of this MOU, the relationship of the parties is that of independent entities and not as agents of each other or as joint venturers or partners. The parties shall maintain sole and exclusive control over their personnel, agents, consultants, and operations. 8. No alteration or variation of the terms of this MOU shall be valid unless made in writing and signed by the parties hereto who shall be vested with the authority to effect such amendment, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 9. Nothing in the provisions of this MOU is intended to create duties or obligations to or rights in third parties to this MOU or affect the legal liability of the parties to this MOU to third parties. so. This MOU may be executed in any number of identical counterparts, each of which shall be deemed to be an original, and all of which together shall be deemed to be one and the same instrument when each party has signed one such counterpart. 4 -4- IN WITNESS WHEREOF, the Parties hereto have executed this MOU effective on the day and year first above written. SAN DIEGO ASSOCIATION OF CITY OF NATIONAL CITY GOVERNMENTS GARY L. GALLEGOS Executive Director RON MORRISON Mayor APPROVED AS TO FORM: APPROVED AS TO FORM: Office of the General Counsel CLAUDIA G. SILVA City Attorney 5 -5- z 0 I- Q u 0 F— v w 0 cc a_ I I— m X w SWEETWATER BIKEWAY PLAZA BONITA SEGMENT EXHIBIT 2 401 B Street, Suite 800 San Diego, CA 92101-4231 (619) 699-1900 fax (619) 699-1905 sandag,org MEMBER AGENCIES Cities of Carlsbad Chula Vista Coronado Del Mar El Cajon Encinitas Escondido Imperial Beach La Mesa Lemon Grove National City Oceanside Poway San Diego San Marcos Santee Solana Beach Vista and County of San Diego ADVISORY MEMBERS Imperial County California Department of Transportation Metropolitan Transit System North County Transit District United States Department of Defense San Diego Unified Port District San Diego County Water Authority Southern California Tribal Chairmen's Association Mexico August 12, 2015 CIP 1144500 Mr. Mike Bilodeau President I/O Environmental & Infrastructure, Inc. 2840 Adams Avenue, Suite 301 San Diego, CA 92116 Dear Mr. Bilodeau: Subject: RELIEF FROM MAINTENANCE AND RESPONSIBILITY AND FINAL ACCEPTANCE — SWEETWATER BIKEWAY PLAZA BONITA SEGMENT PROJECT, CIP 1144500 (CONTRACT 5007002) I/O Environmental & Infrastructure, Inc., is hereby granted Relief from Maintenance and Responsibility and Final Acceptance for the Sweetwater Bikeway Plaza Bonita Project, effective April 2, 2015. This is granted in accordance with Section 7-6.05, "Acceptance of Contract" of the Special Provisions and SANDAG Policy No. 024, "Procurement and Contracting — Construction." r LINTHIC /Director of ob 1i y Management and Project Implementation LTorio 1144500_5007000_SweetwaterB i kewayPlaza B on ita_RFM_Accept.SC HOI cc: Ramon Ruelas John Anderson Emilio Rodriguez Louise Torio Contracts File -7- San Diego ASSOCIATION OF GOVERNMENTS MEMO June 10, 2015 CIP 1144500 TO: Jim Linthicum FROM: Ramon Ruelas SUBJECT: FINAL ACCEPTANCE, PLAZA BONITA BIKEWAY — CONTRACT 5007002 In the attached memo, Resident Engineer Solomon Choi has recommended that contract acceptance be granted to I/O Environmental & Infrastructure for the project. Therefore in accordance with Section 7-6.05, °Acceptance of Contract," of the Special Provisions, I recommend that final acceptance of the Plaza Bonita Bikeway Project be granted effective April 2, 2015. A joint jobsite walk with SANDAG and City of National City was conducted on March 23, 2015, and on that same day, the City signed the final inspection forms for the City inspection record. RECOMMEND: Ramon Ruelas Principal Construction Engineer APPROVE Whim ctor of .ility Management Project mplementation CONCUR: . {!'41. Ste en Manganieflo Director of Engineering/Public Works, National City Attachments: Memo from RE and City of National City Acceptance CC: Jim Linthicum Ramon Ruelas John Anderson Emilio Rodriguez Stephen Manganlello, City of National City -8- San Diego ASSOCIATION OF GOVERNMENTS MEMO June 10, 2015 CIP 1144500 TO: Ramon Ruelas SANDAG Principal Construction Engineer FROM: Solomon Choi, Resident Engineer SUBJECT: FINAL ACCEPTANCE PLAZA BONITA BIKEWAY — CONTRACT 5007002 This is to inform you that the contractor, I/O Environmental & Infrastructure has, to the best of my knowledge, satisfactorily completed Contract 5007002 in accordance with the plans and specifications effective on April 2, 2015. In accordance with the provisions indicated in Section 7-6.05, 'Acceptance of Contract,' of the Special Provisions, I recommend that Contract Acceptance be granted on April 2, 2015 for the entire project. Respectfully, Solomon Choi Resident Engineer File CAT 63 cc: Project Manager -9- RESOLUTION 2015 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE IMPROVEMENTS COMPLETED FOR THE SWEETWATER BIKEWAY PLAZA BONITA SEGMENT LOCATED ON THE WESTERLY SIDE OF PLAZA BONITA ROAD WITHIN THE CITY OF NATIONAL CITY; AND AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) AND THE CITY OF NATIONAL CITY REGARDING MAINTENANCE OF THE SWEETWATER BIKEWAY PLAZA BONITA SEGMENT WITHIN THE CITY OF NATIONAL CITY WHEREAS, the San Diego Association of Governments (SANDAG) recently completed construction of approximately 0.45 miles of new Class I Bike Path known as the Sweetwater Bikeway Plaza Bonita segment located on the westerly side of Plaza Bonita Road within the City of National City; and WHEREAS, the Project closes a gap in the Sweetwater Bikeway and extends approximately 2,000 feet north of the intersection of Plaza Bonita Road and Bonita Mesa Road to approximately 400 feet south of the same intersection connecting to existing Class I Bike Paths at each end; and WHEREAS, because the local jurisdiction is responsible for on -going maintenance of capital improvement projects, SANDAG is requesting that the City execute a Memorandum of Understanding for the maintenance of the facility. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby accepts the improvements completed for the Sweetwater Bikeway Plaza Bonita segment located on the westerly side of Plaza Bonita Road within the City of National City. BE IT FURTHER RESOLVED that the City Council authorizes the Mayor to execute a Memorandum of Understanding between San Diego Association of Governments (SANDAG) and the City of National City for the maintenance of the Sweetwater Bikeway Plaza Bonita segment within the City of National City. PASSED and ADOPTED this 6th day of October, 2015. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950 619-336-4228 phone / 619-336-4229 fax Michael R. Dalla, CMC - City Clerk October 13, 2015 Mr. Emilio Rodriguez SANDAG 401 B Street, Suite 800 San Diego, CA 92101 Dear Mr. Rodriguez, On October 6th, 2015, Resolution No. 2015-144 was passed and adopted by the City Council of the City of National City, authorizing execution of a Memorandum of Understanding (MOU) with SANDAG. We are enclosing for your records a certified copy of the above Resolution and a fully executed original MOU. Sincerely, Michael R. Dalla, CMC City Clerk Enclosures cc: Engineering Dept.