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HomeMy WebLinkAboutReso 1973-6982Form No. 342 Rev. 9-71 RESOLUTION N0. 6982 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE STATE OF CALIFORNIA FOR CONSTRUCTION OF THE SOUTH LEG OF THE WESTERLY CONNECTION BETWEEN ROUTE 5/54 INTERCHANGE AND TIDELANDS AVENUE 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 that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and THE STATE OF CALIFORNIA Division of Highways, for construction of the south leg of the westerly connection between Route 5/54 Interchange and Tidelands Avenue, dated the 21st day of August 19 73 , 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 Vista. Presented by Lane F. Cole, Director of Public Works ADOPTED AND APPROVED by VISTA, CALIFORNIA, this 21st day the following vote, to-wit: Approved as to form by George Lindberg, City Attor y the CITY COUNCIL of the CITY OF CHULA of August ~ 1973 ~ by AYES : Councilmen Hob~l Hamilton H de Scott NAYES: Councilmen rr ABSENT: Councilmen E dahl ~' Mayor of the City of Chula ista ( ~ ' ; ~' ATTEST t City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Chula Vista, California, DO HEREBY CERTIFY thand and correct copy of Resolution No. ~ been amended or repealed. DATED City Clerk of the City of the above is a full, true that the same has not City Clerk 11-SD-5,54 8.6-10.1;0.0-1.9 11208-046521 DISTRICT AGREE.'"IENT NO. 11-0116 THIS AGREEMENT IS HEREBY MADE AND ENTERED INTO THIS 21st DAY OF August , 193 BY AND BETWEEN The CITY OF CHULA VISTA, a body politic and a municipal corporation of the State of California, hereinafter referred to as "CITY" AND The STATE OF CALIFORNIA, acting by and through its Business and Transportation Agency, Department of Public works, Division of Highways, hereinafter referred to as "STATE" W I T N E S S E T H: WHEREAS, The United States Government, in cooperation with STATE, has undertaken the design and construction of a flood control channel known as the Sweetwater River Flood Control Channel between Interstate Route 805 and San Diego Bay, and WHEREAS, a portion of the proposed flood control channel is along the alignment adopted by the California Highway Commission for construction of State Route 54 Freeway, including interchanges with Interstate Routes 5 and 805, and -_ 3-26-73,10-17,p. j , ~~~~`~~~=~ ~<_. WHEREAS, the San Diego Unified Port District contemplates con- struction of Tidelands Avenue west of and parallel to Interstate Route 5, and WHEREAS, in cooperation with STATE and the Port District, the Cities of Chula Vista and National City contemplate construction of roadways extending westerly from the Interstate Route 5/54 interchange to connect to Tidelands Avenue, and WfiEREAS, the extension of the aforesaid roadways would serve future industrial and recreational traffic needs, and WHEREAS, the Port District and the Cities of Chula Vista and National City have respectively, by formal resolution, requested STATE to construct the portion of Tidelands Avenue crossing the channel and the connecting roadways between the Interstate Route 5/54 interchange and Tidelands Avenue, all of which work shall collectively be referred to hereinafter as "PROJECT", and WHEREAS, pursuant to prior agreement, STATE has agreed to acquire ttie rights of way for PROJECT and CITY agreed to bear the entire costs of said rights of way acquired by STATE, and WHEREAS, it is now the desire of CITY and STATE to agree upon the terms, conditions and extent to which CITY will participate in the design, construction, financing and maintenance of PROJECT; NOW, THEREFORE, in consideration of the covenants and conditions herein contained, the parties hereto agree as follows: - 2 - ~' ~ ~ ~ ~ SECTION I STATE AGREES: 1. To include in STATE'S contemplated freeway construction con- tract, provision for construction of the improvements for which estimated quantities for the various contract items are listed on Exhibit A dated March 14, 1973, attached hereto, and by this reference made a part of this Agreement, and as illustrated on Exhibit B dated P4arch 15, 1973, attached hereto and by this reference made a part of this Agreement. 2. To prepare plans and specifications for said improvements. 3. To bear the entire cost of preparing said plans and specifi- cations except for those costs enumerated to be borne by CITY. 4. To bear all other construction costs and construction engineer- ing costs except for those costs enumerated to be borne by CITY. 5. To submit plans for the proposed improvements to CITY for review and approval prior to advertisement of STATE'S construc- tion project. 6. To accept full control and responsibility for maintenance for the portion of roadway constructed at CITY expense, but lying within the limits of access control as shown on Exhibit B. 7. That the final cost charged to CITY will be determined by using the actual quantities computed on completion of STATE'S contract for the items listed on Exhibit A, multiplied by the contract unit prices for said items, plus supplemental work and any additional or extra work attributable to CITY'S share of PROJECT. 8. That upon completion of PROJECT, to furnish CITY a Final Report of Expenditures and a set of "As Built" plans. .~) ~ ~' SECTION II CITY AGREES: 1. To bear its share of the cost for preliminary engineering, including all direct and indirect charges, at a fixed rate of 8 percent of the construction cost of the contract items listed on Exhibit A, plus supplemental work and any additional or unfor- seen work attributable to CITY'S share of PROJECT, except that if due to unforseen circumstances, STATE is unable to construct PROJECT, CITY will pay STATE an amount equal to 8 percent of the estimated construction cost shown on Exhibit A as "Subtotal Con- tract Items", for Preliminary Engineering. 2. To bear its share of costs for construction engineering, including all direct and indirect charges, at a fixed rate of 10 percent of the construction cost of the contract items listed on Exhibit A, plus supplemental work and any additional or unfor- seen work attributable to CITY'S share of PROJECT. 3. To bear a share of the cost for the item of "Mobilization" contained in STATE'S contract. Said share of cost shall be a sum bearing the same proportion to the cost of the "Mobilization" item in STATE'S contract as CITY'S share of construction costs bears to STATE'S total construction costs, less the item for "Mobilization". 4. That CITY'S share of cost for the item of "clearing and grubb- ing" shall be 2.0 percent of STATE'S contract item cost for "clear- ing and grubbing". Said percentage is in the same ratio that the area to be cleared and grubbed for CITY bears to the total area to be cleared and grubbed for STATE'S entire project. - 4 - ~~~ 5. That CITY'S share of cost for the item of "develop water supply" shall be 3.5 percent of STATE'S contract item cost for "develop water supply". Said percentage is in the same ratio that the embankment to be placed as compacted fill for CITY bears to the total embankment to be placed as compacted fill for STATE'S entire project. 6. That CITY'S share of cost for the item of "finishing road- way" shall be 2.5 percent of STATE'S contract item for "finish- ing roadway". Said percentage is in the same ratio that the length of roadway to be finished for CITY bears to the total length of roadway to be finished for STATE'S entire project. 7. That the final share of construction costs charged to CITY shall be determined by using the actual quantities computed on completion of STATE'S contract for the items listed on Exhibit A, multiplied by the contract unit prices for said items, plus supplemental work and any additional or unforseen work attribut- able to CITY'S share of PROJECT. It is estimated that CITY'S share of cost including preliminary and construction engineering is $531,000.00. 8. To deposit with STATE, CITY'S estimated share of costs for the aforesaid construction, preliminary and construction engin- eering and indirect charges. Said share shall be deposited with STATE in three payments as follows: (1) Within thirty days after award of STATE'S contract, and upon demand therefor, the sum of $200,000.00 said sum to be the first of three payments. - 5 - >~~~~ (2) Within 180 days after award of STATE'S contract and upon demand therefor, the sum of $200,000.00, said sum to be the second of three payments. (3) Within 365 days after award of STATE'S contract, and upon demand therefor, the sum of $131,000.00, said sum to be the third of three payments. In the event the actual cost is less than said deposit, STATE will refund the dif- ference between the actual cost and the amount of the deposit by CITY. In the event the actual cost exceeds said deposit, CITY will pay the difference between the amount of said deposit and the actual cost of CITY'S share. SECTION III IT IS MUTUALLY UNDERSTOOD AND AGREED: 1. That the provisions of this Agreement and its execution, shall not be effective or binding upon either CITY or STATE unless other Agreements as listed below, which are considered essential to com- pletion of PROJECT, are duly executed by STATE with the referenced Agencies: AGENCY Port District TYPE OF AGREEMENT 1. Right of Way and Utility 2. Construction City of National City 1. Right of Way and Utility 2. Construction 6 /~> ~~ ~~~-~- 2. That STATE reserves the right to delete or delay any items of work to be performed on behalf of CITY from STATE'S contract in the event payment for such work has not been received prior to commencement of such work. CITY agrees to reimburse STATE for all expenses incurred by STATE in deleting or delaying such items. 3. That obligations of STATE under terms of this Agreement are subject to the allocation of funds by the California Highway Commission. 4. That neither STATE nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully indemnify and hold STATE harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CITY under or in con- nection with any work, authority or jurisdiction delegated to CITY under this Agreement. 5. That neither CITY nor any officer or employee thereof, is responsible for any damage or liability occurring by reason of anything done or omitted to be done by STATE under or in con- nection with any work, authority or jurisdiction not delegated to CITY under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, STATE shall - 7 - ~~, ~% ,/~~- fully indemnify and hold CITY harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurr- ing by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction not delegated to CITY under this Agreement. 6. That, should any portion of the project be financed with Federal Funds or State Gas Tax Funds, all applicable procedures and policies relating to the use of such funds shall apply not- withstanding other provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officer, duly authorized, the provisions of which Agreement are effective as of the day, month and year first hereinabove written. STATE OF CALIFORNIA CITY OF CHULA VISTA Department of Public Works Division of Highways B R. J. 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