COUNTY OF SAN DIEGO CONTRACT No. 565695
City of Chula Vista Agreement No. : 2022-152
REIMBURSEMENT AGREEMENT FOR PAYMENT OF COSTS TO RESURFACE THE
ROADWAY ALONG EAST H STREET BETWEEN HILLTOP DRIVE AND TERRA NOVA DRIVE
BY AND BETWEEN THE COUNTY OF SAN DIEGO
AND THE CITY OF CHULA VISTA, CALIFORNIA
THIS REIMBURSEMENT AGREEMENT FOR THE PAYMENT OF COSTS TO RESURFACE THE ROADWAY ("AGREEMENT"), dated _________________, 2022, is entered into by and between the County of San Diego, a p olitical subdivision of the State of California ("COUNTY"), and the City of Chula Vista, a municipal corporation ("CITY"), to establish terms and conditions pursuant to which City will bid and cause to be resurfaced the existing roadway , defined herein below, and the County will reimburse the City for approximately its share of all expenses related thereto per this Agreement. COUNTY and the CITY may be referred to herein individually as "PARTY" and collectively as the "PARTIES."
RECITALS
WHEREAS, the CITY has a city-wide roadway rehabilitation and maintenance project planned, which includes improvements to the roadway corridor along East H Street between Hilltop Drive and Terra Nova Drive (“CORRIDOR”); and
WHEREAS, a portion of East H Street at the Interstate 805 interchange is within the jurisdiction of the State of California Department of Transportation (“CALTRANS”); and
WHEREAS, in accordance with Caltrans Freeway Maintenance Agreement 11 -8096 dated July 19, 1976 (Attachment A), the CITY maintains the southern portion of the roadway within Caltrans right-of-way and the COUNTY maintains the northern portion of the roadway within Caltrans right-of-way; and
WHEREAS, all improvements to the roadway within the COUNTY maintained portion of the roadway shall be referred to as the COUNTY PROJECT; and
WHEREAS, all improvements within the CORRIDOR, excluding those included in the COUNTY PROJECT shall be referred to as the CITY PROJECT; and
WHEREAS, both PARTIES have mutually agreed that the COUNTY maintained portion of the roadway within CALTRANS jurisdiction is in need of roadway resurfacing; and
WHEREAS, the roadway resurfacing on East H Street will consist of milling the existing pavement to a depth of 2 inches and overlaying the milled surface with 2 inches of new asphalt concrete; and
WHEREAS, subsurface variations may be discovered during construction that would require amending the pavement strategy , such an amendment may be enacted with the approval of both PARTIES; and
WHEREAS, both PARTIES desire to have the CITY take the lead role in the implementation of the roadway improvements associated with both the CITY PROJECT and the COUNTY PROJECT; and
COUNTY OF SAN DIEGO CONTRACT No. 565695
City of Chula Vista Agreement No. : 2022-152
WHEREAS, the CITY will provide the administrative, technical, managerial, and support services necessary for the implementation of the COUNTY PROJECT; and
WHEREAS, the COUNTY will fund one hundred percent (100%) of the cost of the COUNTY PROJECT; and
WHEREAS, both PARTIES desire to define herein the terms and conditions under which said COUNTY PROJECT is to be administered, engineered, coordinated, and constructed.
AGREEMENT
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties hereto agree as follows:
SECTION 1 – CITY AGREES:
1. To act as the lead agency on behalf of the COUNTY for the overall development and implementation of the COUNTY PROJECT. The CITY is providing services for which the COUNTY will reimburse CITY as shown on Attachment “C”.
2. To prepare, or cause to be prepared, detailed plans, specifications and estimates (“PS&E”) for the COUNTY PROJECT and submit to the COUNTY for review and approval at thirty, seventy and one-hundred percent design. Final plans for improvements shall be prepared to CITY and COUNTY standards and signed by a Civil Engineer registered in the State of California. If there is a conflict in the standards, COUNTY standards shall be used unless CITY standards are approved for use by COUNTY as a deviation. Deviations from COUNTY standards shall be coordinated with and approved by the COUNTY.
3. To identify and locate all utility facilities within the limits of the COUNTY PROJECT as part of its design responsibility. If any existing public and/or private utility facilities conflict with COUNTY PROJECT construction, both PARTIES shall coordinate and cooperate in good faith to make all necessary arrangements with owners of such facilities for their protection, adjustment, relocation, or removal.
4. To make written application to CALTRANS for an encroachment permit authorizing entry into CALTRANS right -of-way for the purposes of constructing the COUNTY PROJECT and CITY PROJECT.
5. To act as the Lead Agency under the California Environmental Quality Act (“CEQA”) for the COUNTY PROJECT. To advertise, award and administer a public works contract for the construction of the COUNTY PROJECT in accordance with all applicable federal, state and local statutes, ordinances, or ders, governmental requirements, laws or regulations, including but not limited to the local agency public construction codes , the Chula Vista Municipal Code, the Chula Vista City Charter, California Labor Code, and California Public Contract Code.
6. To furnish a representative to perform the function of Resident Engineer during construction of the COUNTY PROJECT.
7. To furnish qualified support staff to assist the Resident Engineer; such assistance shall include, but not be limited to, construction surveys, soi ls and compaction tests, measurement and computation of quantities, testing of construction materials , checking submittals, preparation of estimates and reports, preparation of as -built drawings, and other inspection and staff services necessary to assure that the construction is performed in accordance with the PS&E documents.
8. To construct, or cause to be constructed, the COUNTY PROJECT in accordance with approved PS&E documents.
COUNTY OF SAN DIEGO CONTRACT No. 565695
City of Chula Vista Agreement No. : 2022-152
9. To submit any contract change order that causes the amount of the COUNTY PROJECT improvements to exceed $210,000 (as shown in Attachment “C”) to the COUNTY for review and approval prior to final authorization by the CITY. COUNTY agrees to promptly review, and approve or deny, any proposed contract change order so as not to delay CITY’s administration of the construction contract.
10. To furnish the COUNTY as-built plans, within one hundred and eighty (180) days following the completion and acceptance of the COUNTY PROJECT construction contract.
11. To furnish the COUNTY a final reconciliation of project expenses within ninety (90) days following the completion and acceptance of the COUNTY PROJECT construction contract. If final costs associated with the COUNTY’s improvements are in excess of the DEPOSIT provided in Section 2, CITY shall include a final bill with the financial reconciliation. If final costs associated with the COUNTY’s improvements are less than the DEPOSIT prov ided in Section 2, the CITY shall reimburse the COUNTY for the difference with the final reconciliation.
SECTION 2 – COUNTY AGREES:
1. To fund one hundred percent (100%) of the cost of the COUNTY PROJECT. COUNTY agrees that should unforeseen circumstances arise which result in an increase of any costs over those shown in Attachment “B” (“COST ESTIMATE”), the COUNTY will in good faith amend this AGREEMENT to include any such costs under this AGREEMENT, subject to Board of Supervisors or other COUNTY approval as applicable.
2. To deposit with CITY, within 30 days of executing this AGREEMENT, the full value of the COST ESTIMATE (the “DEPOSIT”) as provided in section 3.1 of this AGREEMENT.
3. To provide a representative to coordinate with the CITY’s Project Manager dur ing the development and the construction of the COUNTY PROJECT, and to verify facilities are constructed as required by this AGREEMENT, if applicable.
4. To provide oversight of the COUNTY PROJECT, to provide reviews and approvals, as appropriate, of submitta ls by CITY, and to cooperate in processing of the COUNTY PROJECT.
5. To pay within 45 days of receipt, the invoice for final reconciled cost in excess of the DEPOSIT amount for COUNTY PROJECT submitted by the CITY for services rendered in accordance with this AGREEMENT, subject to Board of Supervisor s approval, as applicable.
SECTION 3 – IT IS MUTUALLY AGREED AS FOLLOWS:
1. The total cost to COUNTY to complete PS&E documents, construction, including construction survey, inspection and material testing for COUNTY PROJECT is estimated to be, one hundred seventy thousand dollars ($210,000) as detailed in Attachment “B”.
2. CITY shall n ot be obligated to commence construction of the COUNTY PROJECT until after receipt of the COUNTY’s DEPOSIT as required in Section 2.
3. During any portion of the COUNTY PROJECT, if a cost overrun exceeding ten percent (10%) of the COST ESTIMATE is identified, the CITY and COUNTY shall endeavor to agree upon a course of action in a timely manner to avoid construction delay, contractor mobilization, or similar costs.
4. The CITY will act as the CEQA lead agency for the environmental review of the project and will have all discretion to fulfill the obligations of a CEQA lead agency with respect to both the CITY PROJECT and the COUNTY PROJECT.
5. The PARTIES shall obtain and/or cause any agent, subcontractor, or other representative of that PARTY to maintain insurance at its own cost and expense, and keep in force and effect during the term of this AGREEMENT, including all extensions, policies of insurance COUNTY OF SAN DIEGO CONTRACT No. 565695
City of Chula Vista Agreement No. : 2022-152
or programs of self-insurance with policy limits in sufficient amounts to reasonably cover any and all potential liability of such PARTY hereunder . The CITY shall ensure that any contractor or subcontractors working on the COUNTY PROJECT will name the County of San Diego and its respective elected officials, officers, employees, agents, and representatives as additional insureds under all policies of insurance, and shall ensure that additional insured certificates be provided to the COUNTY . CITY shall also ensure that any contractor or subcontractor working on the COUNTY PROJECT will agree to defend and indemnify the CO UNTY and its respective elected officials, officers, employees, agents and representatives against any claims arising out of the COUNTY PROJECT, with the exception of claims arising out of the COUNTY PROJECT proximately caused by the COUNTY’s sole active negligence or willful misconduct. Ownership and title to all materials, equipment, and appurtenances installed as part of this AGREEMENT will be automatically vested with the jurisdiction in which the improvements reside, and no further agreement will be necessary to transfer ownership.
6. The COUNTY shall be responsible for the maintenance of the improvements provided by the COUNTY PROJECT. CITY shall be responsible for the maintenance of the improvements provided by the CITY PROJECT. Execution of this AGREEMENT shall in no way modify the existing maintenance responsibiliti es as outlined in the Caltrans Freeway Maintenance Agreement 11-8096 (Attachment “A”).
7. No alteration or variation of this AGREEMENT shall be valid unless made in writing and signed by all parties and no oral understanding or agreement not incorporated herein shall be binding on each PARTY hereto.
8. In the event that either PARTY defaults in the performance of any of its obligations under this AGREEMENT or materially breaches any of the provisions of this AGREEMENT, the other party shall have the option to terminate this AGREEMENT for default.
9. If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the same shall be deemed severabl e from the remainder of this AGREEMENT, and the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
10. This AGREEMENT is to be construed in accordance with the laws of the State of California.
11. Neither the CITY nor COUNTY shall assign this AGREEMENT without the written consent of the other PARTY.
12. Any action at law or in equity brought by any of the parties hereto for the purpose of enforcing a right or rights provided by this AGREEMEN T shall be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties hereto waive all provisions of law providing for a change of venue in such proceedings to any other county.
13. This AGREEMENT is the result of negotiations between the PARTIES hereto, and the advice and assistance of their respective counsel . The fact that this AGREEMENT was prepared as a matter of convenience by CITY or COUNTY shall have no importance or significance. Any uncertainty or ambiguity in this AGREEMENT shall not be construed against the PARTY that prepared it in its final form.
14. Any waiver by either PARTY of any breach by any other PARTY of any provision of this AGREEMENT shall not be construed to be a waiver of any subsequent or other breach of the same or any other provision hereof. Failure on the part of the COUNTY or CITY to require from any other party exact, full and complete compliance with any of the provisions of this AGREEMENT shall not be construed as in any manner changing the terms hereof or stopping COUNTY or CITY from enforcing this AGREEMENT.
COUNTY OF SAN DIEGO CONTRACT No. 565695
City of Chula Vista Agreement No. : 2022-152
15. This AGREEMENT and the Attachments herein contain the entire agreement between the PARTIES and are intended by the PARTIES to completely state the AGREEMENT in full.
Any agreement or representation respecting the matters dealt with herein or the duties of any party in relation thereto, not expressly set forth in this AGREEMENT is null and void.
16. Nothing in the provisions of this AGREEMENT is intended to create duties or obligations to or rights in third parties not a party to this AGREEMENT or affect the legal liability of any party to the AGREEMENT by imposing any standard of care with respect to the maintenance of roads different from the standard of care imposed by law.
17. CITY and COUNTY shall retain or cause to be retained for audit, all records and accounts relating to COUNTY PROJECT for a period of minimum three (3) years from the date of Notice of Completion of the COUNTY PROJECT.
18. The PARTIES shall be in conformity with all applicable Federal, State, County and local laws, rules, and regulations , current and hereinafter enacted, including facility and professional licensing and/or certification laws and keep in effect any and all licenses, permits, notices and certificates as are required. The PARTIES shall further comply with all laws applicable to wages and hours of employment, occupational safety, and to fire safety, health and sanitation.
19. Any PARTY may propose amendments to this AGREEMENT by providing written notice of such amendments to the other PARTY. This AGREEMENT may only be amended by written amendment signed by each PARTY’s administrator.
20. This AGREEMENT only applies to the COUNTY PROJECT described herein and does not set forth any additional current or future obligations or agreements between parties, except that the parties may by written amendment amend the scope of this AGREEMENT.
21. This AGREEMENT shall become effective on the date all of the parties have signed this AGREEMENT and be in force until two years from the execution date.
22. Either PARTY may, by written notice stating the extend and effective date, terminate this AGREEMENT for convenience in whole or part, at any time prior to the award of a construction contract for the COUNTY PROJECT by the CITY.
23. This AGREEMENT may be executed in any number of separate counterparts using electronic signatures, each of which shall be deemed an original but all of which when taken together shall constitute one and the same instrument.
24. All notices, demands , invoices, and other communications required or permitted hereunder shall be in writing and delivered to the following addresses or such other address as the PARTIES may designate:
COUNTY OF SAN DIEGO CONTRACT No. 565695
City of Chula Vista Agreement No. : 2022-152
CITY:
City of Chula Vista, Department of Engineering and Capital Projects William S. Valle, City Engineer
276 Fourth Avenue, Chula Vista, CA 91910
COUNTY:
County of San Diego, Department of Public Works
Attn: Jeff Moneda, Director of Public Works
5510 Overland Avenue, Suite 410
San Diego, CA 92123
Phone: (858) 694-2233
Attachments:
Attachment A – Caltrans Freeway Maintenance Agreement 11-8096 date July 19, 1976 Attachment B – Project Exhibit
Attachment C – Estimated County Project Costs
IN WITNESS WHEREOF, CITY and COUNTY have executed this AGREEMENT thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms:
CITY OF CHULA VISTA COUNTY OF SAN DIEGO
By: _________________________ By: _________________________ MARY CASILLAS SALAS JOHN M. PELLEGRINO, Director
Mayor Department of Purchasing and Contracting
Date: _________________________ Date: _________________________
Attest:
By: _________________________
KERRY K. BIGELOW, MMC
City Clerk
Date: _________________________
Approved as to form:
Approved as to form:
By: ________________________ By: _________________________ GLEN R. GOOGINS THOMAS BOSWORTH
City Attorney County Counsel
Date: _________________________ Date: _________________________
COUNTY OF SAN DIEGO CONTRACT No. 565695
ATTACHMENT A – CALTRANS
FREEWAY MAINTENANCE
AGREEMENT 11-8096 DATED JULY 19,
1976
ATTACHMENT B – PROJECT EXHIBIT
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ANIFORIVALIL
NLAENENIGER
OSISTIMOTHYJJONES
90% PLAN SUBMITTAL - NOT FOR CONSTRUCTION
PLAN
·····
ATTACHMENT C – ESTIMATED
COUNTY PROJECT COSTS
Engineer's Estimate of County of San Diego contract costs for:
RMRA MAJOR PAVEMENT REHABILITATION FY 19/20
Line Items Quantity Unit Unit Price Cost
Roadway Improvements Subtotal >> $ 145,367.29
REMOVAL, DISPOSAL AND REPLACEMENT OF AC
PAVEMENT (AC DIGOUT) 0 Tons 198.40$ -$
2-INCH AC OVERLAY 103 Tons 115.00$ 11,839.25$
2-INCH AC OVERLAY [NIGHT WORK] 667 Tons 134.00$ 89,329.43$ 3-INCH AC OVERLAY 0 Tons 110.50$ -$
COLD MILLING AC PAVEMENT 8,236 SF 0.51$ 4,200.36$ COLD MILLING AC PAVEMENT [NIGHT WORK] 53,331 SF 0.75$ 39,998.25$ TYPE II RUBBER POLYMER MODIFIED SLURRY (RPMS) 0 SF 0.27$ -$ Concrete Improvements Subtotal >> $ - REMOVE AND REPLACE TYPE G CURB AND GUTTER 0 LF 63.00$ -$
REMOVE AND REPLACE MONOLITHIC CURB, GUTTER AND
SIDEWALK 0 SF 67.00$ -$
REMOVE AND REPLACE SIDEWALK PANEL 0 SF 22.00$ -$ REMOVE AND REPLACE CURB RAMP 0 SF 27.00$ -$
CONSTRUCT CROSS GUTTER AND SPANDRELS 0 SF 27.00$ -$ REMOVE AND REPLACE DRIVEWAY 0 SF 32.50$ -$
Traffic Improvements Subtotal >> $ 13,517.40
INSTALL TYPE E VEHICLE DETECTION LOOPS 0 EA 550.00$ -$ INSTALL MOD TYPE E VEHICLE DETECTION LOOPS 0 EA 550.00$ -$ INSTALL TYPE Q VEHICLE DETECTION LOOPS 0 EA 600.00$ -$ INSTALL TYPE E VEHICLE DETECTION LOOPS [NIGHT
WORK] 0 EA 700.00$ -$
INSTALL MOD TYPE E VEHICLE DETECTION LOOPS
[NIGHT WORK] 0 EA 700.00$ -$
INSTALL TYPE Q VEHICLE DETECTION LOOPS [NIGHT
WORK] 0 EA 700.00$ -$
INSTALL TYPE A VEHICLE DETECTION LOOPS 12 EA 600.00$ 7,200.00$ INSTALL TYPE D VEHICLE DETECTION LOOPS 3 EA 600.00$ 1,800.00$ INSTALL BIKE LANE DETECTION LOOPS 0 EA 600.00$ -$ FURNISH AND INSTALL DETECTOR LEAD-IN CABLES 0 LF 6.50$ -$
THERMOPLASTIC PAVEMENT MARKINGS, LEGENDS AND
SYMBOLS 43 SF 6.20$ 266.60$
THERMOPLASTIC PAVEMENT MARKINGS, LEGENDS AND
SYMBOLS [NIGHT WORK] 26 SF 6.20$ 161.20$
PREFORMED THERMOPLASTIC PAVEMENT MARKINGS,
LEGENDS AND SYMBOLS 0 SF 17.50$ -$
PREFORMED THERMOPLASTIC PAVEMENT MARKINGS,
LEGENDS AND SYMBOLS [NIGHT WORK] 0 SF 17.50$ -$ PAVEMENT STRIPING AND RAISED MARKERS 5,112 LF 0.80$ 4,089.60$ PAINT CURB 0 LF 2.70$ -$
APPLY GREEN THERMOPLASTIC IN BIKE LANE 0 SF 17.20$ -$
FURNISH AND INSTALL PEDESTRIAN BARRICADE
ASSEMBLY 0 EA 1,300.00$ -$
REMOVE AND SALVAGE SIGN 0 EA 108.00$ -$
FURNISH AND INSTALL NEW SIGN 0 EA 165.00$ -$
FURNISH AND INSTALL BREAK-AWAY SIGN POST 0 EA 270.00$ -$ REMOVE SIGN POST 0 EA 110.00$ -$
RELOCATE EXISTING SIGN 0 EA 270.00$ -$
Path: https://chulavistaca-my.sharepoint.com/personal/tjones2_chulavistaca_gov/Documents/STM0400 - Bid Openind and Review/ File: STM0400-Bid Opening and Review.xlsm
Worksheet: CON Est (County)
8/31/2022 11:43 AM
Engineer's Estimate of County of San Diego contract costs for:
RMRA MAJOR PAVEMENT REHABILITATION FY 19/20
Line Items Quantity Unit Unit Price Cost
Landscape Improvements Subtotal >> $ - REMOVE TREE AND GRIND STUMP 0 EA 8,400.00$ -$
TRIM TREE 0 EA 1,200.00$ -$
Utility Improvements Subtotal >> $ - ADJUST MANHOLE COVER TO GRADE 0 EA 2,000.00$ -$
Miscellaneous Improvements Subtotal >> $ 5,576.00
FURNISH AND INSTALL THERMOPLASTIC STORM DRAIN
STENCIL 0 EA 54.00$ -$
CRACK FILLING 0 LS 155,000.00$ -$
BEST MANAGEMENT PRACTICES 2% LS 14,100.00$ 282.00$
PUBLIC SAFETY AND CONVENIENCE (TRAFFIC CONTROL) 0 LS 86,000.00$ -$
PUBLIC SAFETY AND CONVENIENCE (TRAFFIC CONTROL)
(LOCATIONS 1 AND 2 ONLY) 11% LS 47,000.00$ 5,170.00$ ENVIRONMENTAL MONITORING 0 LS 8,063.19$ -$
INSTALL AND MAINTAIN SB-1 SIGNS 2% LS 6,200.00$ 124.00$ Construction Subtotal >> $ 164,460.69
Project Contingency 10% 16,446.07$
Construction Contract Total >> $ 180,906.75
Advanced Planning Phase 0% $ -
--Staff Time 0% -$
--Consultant POs/Tasks 0% -$
Design Phase 9% $ 14,703.08
--Staff Time 2% 350,000$ 7,000.00$
--Loc 1 & 2 TC Plans consultant costs 11% 70,028$ 7,703.08$ Construction Phase 7% $ 11,150.00
--Staff Time 2% 345,000$ 6,900.00$
--CM Consultant 2% 70,000$ 1,400.00$
--Material Testing 2% 142,500$ 2,850.00$
Closeout Phase 1% $ 1,000.00
--Staff Time 2% 50,000$ 1,000.00$
Utility Relocation Cost Sharing 0% $ - County Project Total >> $ 207,759.83
County Project Total (rounded) >> $ 210,000.00
Path: https://chulavistaca-my.sharepoint.com/personal/tjones2_chulavistaca_gov/Documents/STM0400 - Bid Openind and Review/ File: STM0400-Bid Opening and Review.xlsm
Worksheet: CON Est (County)
8/31/2022 11:43 AM