HomeMy WebLinkAboutReso 1976-8293RESOLUTION NO. $293
R1SOLUTION OF TIIE~ CITY COUNCIL OF`T73E ~C1'TY OF CHULA
VISTA, F;PP ROVING AGREEMENT BI~TVSEZ;N TIIE CI'1'Y OF CHULA
VISTA AND 7'HE STA'PE OP CALTPO).:NIA FOR THE CONSTRUCTION
OF BRISP,i'~NE S'I'REE'1' AS PART OP THE SPATE ROUTE 54 FRF;EWAY
CONSTRUCTION
AND AUTHORIZING THE bIAYOR TO ERECUTE SAID AGREEMENT
The City Council of the City of. Chula Vista does hereby
resolve as folloo:s:
NOW, THEREFORE, HE IT RESOLVED that that certain agreement
betJrecn THE CITY OF CHULA VISTA, a municipal corporation, and THE
STATE OF CALIFORNIA for the construction of Brisbane Street as part
of the State Route 54 Freeway construc.rinn
dated the 17th day of August 19 76 a copy of
which is attached hereto and incorporated herein, the same as though
fu7.'~y set forth herein be, and the same is hereby approved.
BE IT FURTHER RESOLVED that the Mayor of the City of Chtaa
Vista.be, and he is hereby authorized and directed to execute said
acrreement for and on behalf of the City of Chula Vista.
Presented by
~~ ~ ~~~
Wi1lia.m J. Robens, Director of
Public Works
Approved as to-form hy_.
~,_.
~~,~~~ __,, ~r ~~L~ ~4
George D. Lindberg, City Attorney
ADOPTED AND APPROVED by the CITY COUNCIL of +~he CITY OP CHULA
VISTA, CALIFORNIA, this 17th day of August , 19 76 , by
AYES: Councilmen Egdahl, Hobel, Hyde, Hamilton
NAYES: Councilmen None
ARAFNT: Cnuncilmen
ATTF
Cox
STATE OF CALIFORNIA)
COUNTY OF SARI DIEGO) ss.
CITY OF CIIULA VISTA)
I. Jennie M. Fulasz , City Cler}: of the City
of Chula Vista, Cali.f.ornia, DU HEREBY CEP.TIFY that the above is a full,
true and correct copy of Resclution No. g2g3 and that the same has
not been amended or repealed. DATED August 30_1976_____
City '].er c ~ ~-
RESOLUTION NO. ti2y3
RESOLUTION OF THE"CITY COUNCIL OF'34iE`-CITY OF CHULA
VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND THE STATE OF CALIFORNIA FOR THE CONSTRUCTION
OF BRISBANE STREET AS PART OF THE STATE ROUTE 54 FREEWAY
CONSTRUCTION
AND AUTHORIZING THE MAYOR TO'ERECUTE 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
betwE:en THE CITY OF CHULA VISTA, a municipal corporation, and THE
STATE OF CALIFORNIA for the construction of Brisbane Street as part
of the State Route 54 Freeway construction
dated the 17th day of August 19 76 , 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
(~,.~Gi~
William J. Robens, Director of
Public Works
Approved as f m b
/ ~'~~~r. ~C/, Y .
George D. Lindberg, City Attorney
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA
VISTA, CALIFORNIA, this 17th day of August , 19 76 , by
AYES: Councilmen l:gdahl, Hobel, Hyde, Hamilton
NAYES: Councilmen None
A
A'
S
COUNTY OF SAN DIEGO)
CITY OF CHULA VISTA)
ss.
I, , City Clerk of the City
of Chula Vista, California, DO HEREBY CERTIFY that the above is a full,
true and correct copy of Resolution No. and that the same has
not been amended or repealed. DATED
City Cler
D U P L I, C A T E
~~ ~.
THIS AGREEfiENT IS HEREBY D1ADE
AND E1ITERED INTO THIS 17th
DAY OF August ~ lg 76
BY AND BETWEEI7
11-sn-s/54
8.(-10,0/0.-1.9
11208 046551
AGREED-IEPIT NO, 11-8107
BRISBAiJE STREET
IDT CIIULA VISTA
The CITY OF CIIIILA VISTA
a body politic and a municipal
corporation of the. State of
California, hereinafter re-
ferred to as "CITY°
AND
The >TATE OF CALIFORiIIA
acting by and through its
Business and Transportation Agency,
Department of Transportation,
hereinafter referred to as
"STATE"
6J I T N E S S E T Ii:
IdfiEREAS, State Route 54 was adopted as a freeway by the California
highway Commission on April 28, 1965, and
P7FIEREAS, a freeway agreement was executed by CITY and STATE on
June 2, 1967, which included provision for. construction of Brisbane
Street, as shown on Exhibit "A", dated flovember 6, 1975, attached
and by this reference made a part of this Agr..eement, and
C-8, 3-2-76,p, j , ~2 -293
tJIIERLAS, STATP-. purchased rights of way for the construction of
Brisbane Street as shown on Exhibit A, and
WIIEREAS, subsequent to execution of the freeway agreement, CITY
in order to provide better continuity of their street system, made
revisions which affect the alignment of Brisbane Street, and
WIIEREAS, CITY is acquiring the necessary rights of way for the
proposed construction o£ Brisbane Street on new alignment and shall
transfer said rights of way to STATE by quitclaim deed, and
6.7fIEREAS, STATE is willing to construct Brisbane Street on the
new rights of way acquired by CITY and a portion of rights of. way
previously acquired by STATE, which work shall hereinafter be
referred to as "PROJECT", and
WIIEREAS, STATE, subject to acquisition of the aforesaid rights of
way by CITY for PROJECT, will deed to CITY a portion of the right
of way as shown on Exhibit A, which vas originally acquired for
the construction of Brisbane Street, and
4.1HEREAS, CITY and STATE do mutually desire to cooperate in the con-
struction of PROJECT and desire to specify herein the terms and
conditions under which PROJECT shall be financed, constructed and
maintained;
NOW, THEREFORE, it is agreed as follows:
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srcTlora I
STATE AGP.EES:
1. To transfer to CITY by Director's Deed that portion of
right of way, as shown on Exhibit A, which was purchased by
STATE, but will not be required for the construction of PROJECT.
Said transfer of right of way shall be in exchange for that
right of way which is being acquired by CITY for the construction
of PROJECT as outlined in SECTIOtI II, Article 1.
2. To prepare plans, specifications and estimate (PS&E), at
no cost to CITY, for PP,OJECT and include any pertinent design
information furnished by CITY in the PSkE.
3. To construct PROJECT, in conjunction with STATE'S freetaay con-
tract, at the location as shown on Exhibit A.
4. That, if during construction of-PROJECT, quantities are used in
e:ccess of those shown for the contract items listed on Exhibit "B",
dated October 30, 1975, attached and by this-reference made a part
of this Agreement, or if additional items are required to enable
completion of PROJECT, STATE will provide CITY with a Final Account-
ing of cost and quantities. Billing for the aforesaid additional
quantities or items will be submitted after completion of the Final
Accounting of Cost.
5. To furnish CITY a set of "As Built" plans, and to relinquish
PROJECT in its entirety to CITY,
SECTIOrt II
CITY AGREES:
1. To purchase prior to the advertising date for STATE'S freeway
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contract, at no .cost to STATE, the necessary rights of way for
PROJECT as shown on Exhibit A. Said rights of way shall be trans-
ferred to 'STATE by quitclaim deed in exchange for the portion of
STATE'S right of way which was previously acquired for the con-
struction of Brisbane Street but will no longer be required.
2. To furnish at no cost to STATE sufficient design information
for the preparation of construction plans by STATE.
3. That after the award of STATE'S contract, STATE will compute
the cost of the contract items shown on Exhibit B by using bid
prices applied to the agreed upon quantities shown thereon.
STATE will bear the cost of constructing PP.OJrCT up to an amount
not to exceed the amount as determined above. CITY will bear all
construction costs of PROJECT in excess of the aforesaid computed
amount including increased quantities and new items of work. Pay-
ment, if any, will be made by CITY after receipt of billing by
STATE and within 30 days thereafter.
4. To indemnify and ,save STATE, its officers, agents and employees
harmless from any and all liability for injuries to persons or damage
to real or other property caused or resulting in any manner from
the realignment and construction of PROJECT by STATE under terms
of this Agreement, excepting for injuries to persons or damage to
property caused or resulting from the sole negligence or willful
misconduct of STATE, its officers, agents and employees.
5. To accept relinquishment and full control and maintenance, upon
receipt of notice of completion of PROJECT from STATE.
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SECTION III
IT IS t1UTUALLY UDIDERSTOOD AND AGREED:
1. That obligations of STATE under terms of this Agreement are
subject to the allocation of funds by the California FIighway
Commission.
2. 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 con-
nection with any work, authority or jurisdiction delegated to
CITY under this Agreement. It is also understood and agreed that.
pursuant to Government Code Section fl95.4, 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 worY., authority or jurisdiction dele-
gated to CITY under this Agreement.
3. 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
connection orith any work, authority or jurisdiction not dele-
gated to CITY under this Agreement. It is also understood and
agreed that, pursuant to Government Code Section 895.4, STATE
shall fully indemnify and hold CITY harmless from any liability
irlposed 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 juris-
diction not delegated to CITY under this Agreement.
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4. That this Agreement can be modified, altered br revised with
the written consent of both parties hereto.
5. That, should any portion of the proiect 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.
Ii1 WITP7ESS [4I[EREOF, the parties hereto have caused this Agreement
to be executed by their respective officers, duly authorized, the
provisions of which Agreement are effective as of the day, month
and year first hereinabove written.
STATE OF CALIFORPIIA
Department of Transportation
Adriana Gianturco
Director of Transportation
By
Attest:
City C rc
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CITY OF CIIULA VISTA