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HomeMy WebLinkAboutReso 1987-13031 Revised 5/14/87 RESOLUTION NO. 13031 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE STATE OF CALIFORNIA AND THE CITY OF NATIONAL CITY FOR THE CONSTRUCTION OF DOUBLE LEFT-TURN LANES AT 1-805 AND BONITA ROAD, APPROPRIATING FUNDS THEREFOR, 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 agreement between THE CITY OF CHULA VISTA, a municipal corporation, and THE STATE OF CALIFORNIA and THE CITY OF NATIONAL CITY for the construction of double left-turn lanes at 1-805 and Bonita Road (Cooperative Agreement No. 11-0363) dated the 12th day of May , 1987, 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. BE IT FURTHER RESOLVED that the sum of $40,000 be, and the same is hereby appropriated from the unappropriated balance of the Traffic Signal Fund for Bonita Road/I-805 Signal Modifi- cations. Presented by Approved as to form by J n P. Lippitt;, 'Director of Thomas J. Harron, City~ ~ orks/City Engineer Attorney 0374a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA V~STA, CALIFORNIA, this 12th day of May 19 87 , by the following vote, to-wit: AYES: Councilmembers Malcolm, McCandliss, Cox, Moore, Nader NAYES: Councilmembers None ABSTAIN: Counci lmembers None ABSENT: Counci 1 members None f, f'~ ~ity of Chula Vista ATTEST ~ ~ ~ ~" ' City Clerl( S , E OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, Californio, DO HEREBY CERTIFY thor the obove and foregoing is o full, true ond correct copy of RESOLUTION NO. 13051 ,ond thot the some has not been oreended or repeoled DATED City Clerk CRY OF CHUIA VISTA CC - 660 11-SD-805 P.M. 7.8 11359-194820 Bonita Road Agreement No. 11-0363 This AGREEMENT, entered into on May 12th, 1987 is between the STATE OF CALIFORNIA, acting BY AND THROUGH ITS Depart- 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 Cali- fornia, referred to herein as "CITY A", and CITY OF NATIONAL CITY a body politic and a municipal corpor- ation of the State of Cali- fornia, referred to herein. as "CITY B". RECITALS 1. STATE and CITY A and CITY B contemplate installing traffic signals, safety lighting and performing roadwork at the intersec- tion of Bonita Road with the southbound on and off ramps of Inter-" state Route 805, referred to herein as "PROJECT", and desire to specify the terms and conditions under which'PROJECT is to be engineered, constructed, financed, and maintained. SECTION I STATE AGREES: (1) To provide all necessary preliminary engineering, including plans and specifications, and all necessary construction engineering services 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 construct the PROJECT by contract in accordance with the plans and specifications of STATE. (3) To pay an amount equal to 50% of the PROJECT construc- tion costs, as shown on Exhibit A but in no event shall STATE's total obligation for PROJECT construction costs, under this Agree- ment excluding costs referred to in Section III, Article (9), exceed the amount of $56,200; provided that STATE may, at its sole discretion, in writing, authorize a greater amount. (4) Upon completion of the aforesaid construction contract and all work incidental thereto, to furnish CITY A and CITY B, with a detailed statement of the engineering and construction costs to be borne by CITY A and CITY B, including resolution of any claims which may be filed by STATE'S contractor, and to refund to CITY A and CITY B promptly after completion of STATE'S audit -2- any amount of CITY A's and CITY B's deposit required in Section II, Article (1) remaining after actual costs to be borne by CITY A and CITY B have been deducted, or to bill CITY A and CITY B for any additional amount required to complete CITY A's and CITY B's financial obligations pursuant to this Agreement. 5) To maintain the entire traffic control signals 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 signals as installed and pay 100% of the operation cost. SECTION II CITY A AND CITY B AGREES: 1) To deposit with STATE within 25 days of receipt of bill~ ing therefor (which billing will be forwarded immediately follow- ing STATE'S bid advertising date of a construction contract for PROJECT), the amount of $39,100 each, which figure represents CITY A's and CITY B's estimated share of the expense of preliminary engineering, construction engineering, and construction costs required to complete the PROJECT, as shown on Exhibit A. CITY A's and CITY B's total obligation for said anticipated project costs, exclusive of claims and excluding costs referred to in Section III, Article (9), under this Agreement shall not exceed the amount of $41,800 each; provided that CITY A and CITY B may, at their sole discretion, in writing, authorize a greater amount. 2) CITY A's and CITY B's share of the construction cost (estimated to be $26,250 each), shall be an amount equal to 50% of the total actual construction cost including cost of claims, the cost of STATE defense of any claims and the cost of State-fur- nished material, if any, as determined after completion of work and upon final accounting of costs. 3) CITZ A's and CITY B's share of the expense of preliminary engineering shall be an amount equal to 25% each of the STATE's costs for preliminary engineering for the entire PROJECT. 4) CITY A's and CITY B's share of the expense of construc- tion engineering shall be an amount equal to 25% each of the actual costs of construction engineering for the entire PROJECT. 5) To pay STATE upon completion of all work and within 20 days of receipt of a detailed statement made upon final accounting of costs therefor, any amount over and above the aforesaid advance deposit required to complete C~TY A's and CITY $'s financial obli- gation pursuant to this agreement. -3- 6) CITY A will reimburse STATE for its 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. CITY B will not parti- cipate in this cost. SECTION III IT IS MUTUALLY AGREED AS FOLLOWS: (1) All obligations of STATE under the terms of this Agree- ment are subject to the appropriation of resources by the Legisla- ture and the allocation of resources by the California Transporta- tion Commission. (2) STATE shall not award a contract for the work until after receipt of CITY A's and CITY B's deposit, required in Section II, Article (1). (3) 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 notwith- standing other provisions of this Agreement. (4) After opening of bids CITY A's and CITY B's estimate of cost will be revised based on actual bid prices. CITY A's and CITY B's required deposit under Section II, Article (1) 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 account- ing. (5) After opening bids for the PROJECT and if bids indicate a cost overrun of no more than 7% of the estimate will occur, STATE may award the contract. (6) If, upon opening of bids, it is found that a cost overrun exceeding 7% of the estimate will occur, STATE and CITY A and CITY B 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 consen~ pursuant to Article (8) of this Section III. (7) Prior to award of the construction contract for the PROJECT, CITY A and CITY B may terminate this Agreement by written notice, provided that CITY A and CITY B pays STATE for all costs incurred by STATE. (8) If termination of this Agreement is by mutual consent, STATE will bear 50% and CITY A and CITY B will bear 25% each of all costs incurred prior to termination, except that any utility relocation costs shall be prorated in accordance with STATE's/CITY A's/C1TY B's responsibility for utility relocation costs. -4- (9) If existing public and/or private utilities conflict with the construction of the PROJECT, STATE will make all necessary arrangements with the owners of such utilities for their protection, relocation or removal. STATE will inspect the protection, relocation or removal, which if there are costs of such protection, relocation or removal which the STATE and CITY A and CITY B must legally pay, STATE and CITY A and CITY B 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 25% each CITY A and CITY B. Required protection, relocation or removal of utilities shall be performed in accordance with STATE policy and procedure. (10) Upon completion of all work under this Agreement, ownership and title to all signals, materials, equipment and appurtenances installed will automatically be vested in the STATE and no further agreement will be necessary to transfer ownership to the STATE. (11) 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. (12) 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 A and CITY B under or in connection with any work, authority or jurisdiction delegated to CITY A or CITY B under this Agreement. It is also agreed that, pursuant to Government Code Section 895.4 CITY A and CITY B shall fully indemnify and hold STATE harmless form 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 A and CITY B under or in connection with any work, authority or juris- diction delegated to CITY A or CITY B under this Agreement. (13) Neither CITY A and CITY B 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 connection with any work, authority or jurisdiction not delegated to CITY A and CITY B under this Agreement. It is also agreed that, pursuant to Government Code Section 895.4 STATE shall fully indemnify and hold CITY A and CITY B 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 not delegated to CITY A and CITY B under this Agreement. -5- (14) That, in the construction of said work, STATE will furnish a representative to perform the functions of a Resident Engineer, and CITY A and CITY B may, at no cost to STATE, 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 engineer shall prevail. (15) That this Agreement shall terminate upon completion and acceptance of the PROJECT construction contract by STATE or on December 31, 1989, whichever is earlier in time; however, the ownership and maintenance clauses shall remain in effect until terminated, in writing, by mutual agreement. Should any claim arising out of this project be asserted against STATE, CITY A and CITY B agrees to extend the termination date of this Agreement and provide additional funding as required to cover CITY A's and CITY B's proportionate share of costs or execute a subsequent agreemen.t to cover those eventualities. STATE OF CALIFORNIA CITY OF CHULA VISTA Department of Transportation LEO J. TROMBATORE BY Director of Transportation ~ ~yor BY Attest: District Director City Clerk Approved as to form and procedure (City of National City) BY Attorney, Department of Transportation Mayor Certified as to funds and procedure Attest: City Clerk District Accounting Officer ExhlbltnA'