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HomeMy WebLinkAboutReso 1987-13109 RESOLUTION NO. 13109 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE COOPERATIVE AGREEMENT WITH CALTRANS NO. 11-0363 FOR THE INSTALLATION OF TRAFFIC SIGNALS AND ROADWORK AT THE INTERSECTION OF BONITA ROAD AND INTERSTATE ROUTE 805, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain Cooperative Agreement with CalTrans No. 11-0363 for the installation of traffic signals and roadwork at the intersection of Bonita Road and Interstate Route 805, dated the 23rd day of ,h~ne , 198 7, a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula I Vista. Presented by Approved as to form by 3048a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 23rd day of June 19 87 , by the following vote, to--v~it: AYES: Counci]membet-s Hoore, Na~.er, Halcalm, HcCandllss, Cox NAYES: Counc'i ] members Non e ABSTAIN: Counc'i]membe~'s None None ABSENT: Counci ]membe~s May~ ~the City of Chula Vista ATTEST//' --_ City Clerkc S lATE Of CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY Of CHULA VISTA ) f, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUT[0N N0. 13109 ,and that the same has not been amended or repealed DATED ..~ City Clerk CrlY OF CHULA VIS'I'A CC-660 11-SD-805 7.8 11359-194821 Agreement No. 11-4194 Bonita Road COOPERATIVE AGREEMENT THIS AGREEMENT, ENTERED INTO ON is between the STATE OF CALIFORNIA, acting by and through its Depant- ment of Transportation, referred to herein as STATE, and CITY OF CHULA VISTA a body politic and a municipal corpor- ation of the State of Califor- nia, referred to herein as "CITY" RECITALS 1. STATE AND CITY contemplate installing traffic control signals and safety lighting and performing roadwork at the intersection of Bonita Road with State Highway Route 805 southbound on and off ramps, referred to herein as "PROJECT", and desire to specify the terms and conditions under which PROJECT is to be engineered, constructed, financed, operated and maintained. 2. If any work involving high/low risk underground facilities or subsurface construction within said State highway is needed, STATE requires that said work be.. accomplished in accordance with STATE'S "Mdnual on High and Low Risk Underground Facilities Within Highway Rights of Way". SECTION 1 CITY AGREES: 1. To provide all necessary utility identification and location, and all necessary construction engineering services for the PROJECT and to bear CITY'S share of the expense thereof, as shown on Exhibit A, attached and made a part of this Agreement. 2. If a consultant is used to administer a construction contract for PROJECT, to follow the Consultant Selection Procedures for Federally-funded Highway Projects specified in Volume I, Section 11 of STATE'S current Local Programs Manual. 3. To identify and locate all high and low risk underground facilities within the PROJECT area and protect or otherwise provide for such facilities, all in accordance with STATE'S "Manual on High and Low Risk Underground Facilities within Highway Rights Of Way". Costs of locating, identifying, protecting or otherwise providing for such high and low risk facilities shall be distributed and borne in the same manner as described in Section III, Article (12). CITY hereby acknowledges the receipt of STATE'S Manual on High and Low Risk Underground Facilities Within Highway Rights of Way" and agrees to construct the PROJECT in accordance with such Manual. 4. To apply for necessary encroachment permits for required work within State Highway rights of way, in accordance with STATE'S standard permit procedures. 5. That PROJECT will be advertised, awarded, and administered in accordance with STATE'S current Local Programs Manual, Volume II. 6. To construct the PROJECT in accordance with plans and speci- fications of STATE, to the satisfaction of and subject to the approval of STATE. 7. CITY'S share of the expense of preliminary engineering shall be an amount equal to 50% of the STATE'S actual costs for prelimi- nary engineering for the entire PROJECT. 8. To pay an amount equal to 50% of the PROJECT construction costs, as shown on Exhibit A but in no event shall CITY'S obliga- tion for PROJECT construction costs under this Agreement, exclud- ing costs referred to in Section III, Article (12), exceed the amount of $56,200; provided that CITY may, at its sole discretion, in writing, authorize a greater ~mount. 9. Upon completion of PROJECT and all work incidental thereto, to furnish STATE with a detailed statement of the total engineer- ing and construction costs to be borne by STATE and to refund to STATE (promptly after completion of CITY'S audit) any amount of STATE'S deposit required in Section II, Article (2) remaining after actual costs to be borne by STATE have been deducted or to bill STATE for any additional amount required to complete STATE'S financial obligation pursuant to this Agreement, subject to the limitations of STATE'S participation as stipulated in said Section II, Article (2). 10. Upon completion of PROJECT, to furnish STATE a complete set of full-sized film positive reproducible as-built plans. 11. To reimburse STATE for CITY'S proportionate share of the cost of maintenance of said traffic control signals and safety lighting, such share to be an amount equal to 50% of the total maintenance costs, including electrical energy costs. 12. To retain or cause to be retained for audit for STATE or other government auditors for a period of three (3) years from date of final payment, all records and accounts relating to construction of the PROJECT. SECTION II STATE AGREES: 1. To provide all necessary preliminary engineering, including plans, specifications and estimates for the PROJECT and to bear STATE'S share of the expense thereof, as shown on Exhibit A attached and made a part of this agreement. 2. To deposit with CITY within 25 days of receipt of billing therefor, which billing may be forwarded immediately following CITY'S bid advertising date of a construction contract for PROJECT the amount of $56,200, which figure represents STATE'S estimate share of the expense of construction engineering, and construction costs required to complete PROJECT, less the amount of CITY'S expenditure for preliminary engineering as shown on Exhibit A. STATE'S total obligation for said anticipated project costs under this Agreement shall not exceed the amount of $83,700, excluding costs referred to in Section III, Article (12). 3. STATE'S share of the construction cost (estimated to be $52,500) shall be an amount equal to 50% of the total actua~ construction cost as determined after completion of work and upon final accounting of costs. 4. STATE'S share of the expense of construction engineering shall be an amount equal to 50% of the CITY'S actual costs for construction engineering for the entire project. 5. To maintain the entire traffic control signal and safety lighting as installed and pay an amount equal to 50% of the total maintenance costs, including electrical energy costs. 6. To operate the traffic control signal as installed and pay 100% of the operation cost. 7. To issue, upon proper application by CITY and by CITY CONTRACTOR, the necessary encroachment permits for required work within the State Highway rights of way. SECTION III IT IS MUTUALLY AGREED AS FOLLOWS: 1. All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the allocation of resources by the California Transportation Commission. Should CITY award a contract for PROJECT prior to the allocation of resources by the California Transportation Commis- sion, there is no guarantee of STATE'S participation and CITY shall assume all risks thereof. 2. Should any portion of the PROJECT be financed with Federal funds or State gas tax funds, all applicable laws, regulations and policies relating to the use of such funds shall apply notwith- standing other provisions of this Agreement. 3. That construction by CITY of improvements referred to herein which lie within STATE rights of way or affect STATE facilities, shall not be commenced until CITY'S original contract plans involving such work, have been reviewed and approved by signature of STATE'S District Director of District 11, or his delegated agent, and until an Encroachment Permit authorizing such work has been issued by STATE therefor. Receipt by CITY of CITY'S contract plans signed by STATE shall constitute STATE'S acceptance of and official approval of said plans. 4. That CITY will obtain the aforesaid Encroachment Permit through the office of STATE'S District 11 Permit Engineer and that CITY'S application therefor shall be accompanied by reproducible tracings of aforesaid STATE approved contract plans. Receipt thereafter by CITY of the approved Encroachment Permit shall constitute CITY'S authorization from STATE to proceed with work which lies within STATE rights of way or which affects STATE facilities, pursuant to work covered b~' this Agreement. CITY'S authorization to proceed with said work shall, however, be contingent upon CITY'S compliance with all provisions set forth in said Encroachment Permit. 5. That CITY'S contractor will also be required to obtain an Encroachment Permit from STATE prior to commencing any work which lies within STATE rights of way or which affects STATE facilities. The application for said Encroachment Permit shall be made through the office of STATE'S District Permit Engineer and the permit shall be issued free of charge by STATE. 6. CITY shall not advertise for bids to construct PROJECT until after an encroachment permit has been issued to CITY by STATE, nor shall CITY award a contract to construct PROJECT until after receipt of STATE'S deposit required in Section II, Article (2). 7. After opening of bids, STATE'S estimate of cost will be revised based on actual bid prices. STATE'S required deposit under Section II, Article (2) above will be increased or decreased to match said revised estimate. If deposit increase or decrease is less than $1,000, no refund or demand for additional deposit will be made until final accounting. 8. After opening bids for the PROJECT and if bids indicate a cost overrun of no more than 7% of the estimate will occur, CITY may award the contract. 9. If, upon opening bids, it is found that a cost overrun exceeding 7% of the estimate will occur, STATE and CITY shall endeavor to agree upon an alternative course of action. If, after 30 days, an alternative course of action is not agreed upon, this Agreement shall be deemed to be terminated by mutual consent pursuant to Article (11) of this Section III. 10. Prior to award of the construction contract for the PROJECT, STATE may terminate this Agreement by written notice, provided that STATE pays CITY for all costs incurred by CITY prior to CITY'S receipt of said notice. 11. If termination of this Agreement is by mutual agreement, STATE will bear 50% and CITY will bear 50% of all costs incurred prior to termination, with total costs not to exceed $22,000. 12. If existing public and/or private utilities conflict with the construction of the PROJECT, CITY will make all necessary arrange- ments with the owners of such utilities for their protection, relocation or removal. CITY will inspect the protection, reloca- tion or removal, which if there are costs of such protection, relocation or removal which STATE and CITY must legally pay, STATE and CITY will share in the cost of said protection, relocation or removal, plus cost of engineering overhead and inspection, in the amount of 50% STATE and 50% CITY. If any protection, relocation or removal of utilities is required, such work shall be performed in accordance with STATE policy and procedure. STATE will pay its share at the time of final billing based on actual costs. 13. Upon completion of all work under this Agreement, ownership and title to all signal, materials, equipment and appurtenances installed will be jointly shared in the ratio of 50% STATE and 50% CITY. 14. The cost of any engineering or maintenance referred to herein shall include all direct and indirect costs (functional and administrative overhead assessment) attributable to such work, applied in accordance with STATE'S standard accounting proce- dures. 15. Neither STATE nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction not delegated to STATE under this Agreement. It is also agreed that, pursuant to Govern- ment Code Section 895.4 CITY shall fully indemnify and hold STATE harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction not delegated to STATE under this Agreement. 16. Neither CITY 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 STATE under or in connec- tion with any work, authority or jurisdiction delegated to STATE under this Agreement. It is also agreed that, pursuant to Govern- ment Code Section 895.4, STATE shall fully indemnify and hold CITY harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority, or jurisdiction delegated to STATE under this Agreement. 17. That, in the construction of said work, CITY will furnish a representative to perform the functions of a Resident Engineer, and STATE may, at no cost to CITY furnish a representative, if it so desires, and that said representative and Resident Engineer will cooperate and consult with each other, but the decisions of STATE'S representative shall prevail on work within STATE'S right of way. 18. That those portions of this Agreement pertaining to the construction of PROJECT shall terminate upon completion and acceptance of the PROJECT construction contract by CITY or on December 31, 1988, whichever is earlier in time; however, the ownership, operation and maintenance clauses shall remain in effect until terminated or modified in writing by mutual agree- ment. STATE OF CALIFORNIA CITY OF CHULA VISTA Department of Transportation LEO J. TROMBATORE Director of Transportation Mayor BY District Director Attest:~ . ~~ Approved as to form and procedure Attorney, Department of Transportation Certified as to funds and procedure District Accounting Officer i~ EXHIBIT "A" COST ESTIMATE BONITA ROAD AT INTERSTATE 805 Type of Construction Total Cost City of State Chula Vista Funds Funds Signal, Lighting, & Roadwork (By City)!$100,000 $50,000 $50,000 5% Contingencies 5,000 2,500 2,500 Construction Costs $105,000 $52,500 $52,500 Preliminary Engineering (By State) $ 22,000 $11,000 $11,000 (21%-Includes Overhead) Construction Engineering (By City) $ 29,400 $14,700 $14,700 (28%-Includes Overhead) PROJECT COST $156,400 $78,200 $78,200 City's Maximum Cost of Construction = $52,500 + ($52,500 x 7%) = $56,200 State's Maximum Cost of Project = $78,200 + (78,200 x 7%) = $83,674 Say $83,700 $tate's Deposit = State's Const. Cost Share + State's Const. Engr. Cost Share - City's Prelim. Engr. Cost Share = $52,500 + $14,700 - $11,000 = $56,200.