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HomeMy WebLinkAboutReso 1988-13405 RESOLUTION NO. 13405 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE COUNTY OF SAN DIEGO FOR INSTALLATION OF PUBLIC IMPROVEMENTS ON THE WEST SIDE OF MAXWELL ROAD AT THE NORTHEAST CORNER OF OTAY VALLEY INDUSTRIAL PARK SUBDIVISION 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 COUNTY OF SAN DIEGO, for installation of public improvements on the west side of Maxwell Road at the northeast corner of Otay Valley Industrial Park Subdivision dated the 12th day of 3anuary , 1988, 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 Approved as to form by ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ,JLA VISTA, CALIFORNIA, this 12th day of January 19 88 , by the following vote, to-wit: AYES: Councilmembers Malcolm, Cox, Moore, Nader NAYES: Councilmembers None ABSTAIN: Councilmembers None ABSENT: Counci 1 members McCandliss /~f~ft~ ~it~" o Chula Vista ATTEST (~...~...~,~;~.,7 ~. ~ ,TE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, 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above and foregoing is a full, true and correct copy of RESOLUTION N0. 13405 ,and that the same has not been amended or repealed DATED City Clerk CIIY OF CHULA VISTA CC-660 AGREEMENT BETWEEN COUNTY OF SAN DIEGO A~D CITY OF CHULA VISTA FOR CONSTRUCTION OF ROAD IMPROVEMENTS THIS AGREEMENT, executed this 12th day of January , 1988, by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as "CITY" and the COUNTY OF SAN DIEGO, a political subdivision of the State of California, hereinafter referred to as "COUNTY". WITNESSETH WHEREAS, COUNTY and CITY desire to cooperate and jointly participate in a road improvement project within the CITY right-of-way only; and WHEREAS, COUNTY AND CITY agree that this project shall consist of excavation of hill; installation of A. C. Paving; P.C.C. curb, gutter and sidewalk; and removal of existing P.C.C. drainage ditch on Maxwell Road, within the CITY right-of-way only. WHEREAS, improvements to Maxwell Road within the CITY right-of-way only, hereinafter referred to as "PROJECT", will benefit residents of the CITY and COUNTY; and WHEREAS, COUNTY and CITY will provide the cost of this PROJECT through COUNTY Solid Waste Enterprise Fund and CITY bond deposit; and WHEREAS, COUNTY and CITY desire to specify herein the terms and conditions by which said PROJECT shall be accomplished and financed. NJW, THEREFORE, IT IS mutually agreed by and between COUNTY and CITY as follows: 1. The COUNTY will provide plans, specifications, and estimates for this PROJECT and manage the construction of PROJECT. 2. The CITY will deposit with the COUNTY a $4,000.00 cash bond that the CITY received for improvements; and provide right-of-way and right-of-entry documents required to complete the PROJECT. 3. The COUNTY will provide the remainder of the cost of this PROJECT through the Solid Waste Enterprise Fund. 4. The CITY will maintain this PROJECT at no cost to the COUNTY. 5. COUNTY shall inspect all work performed and certify that the work was completed in accordance with the approved plans and specifications. 6. (a) Upon acceptance of said PROJECT improvements by the CITY, CITY shall indemnify, defend and save COUNTY and COUNTY'S agents, officers and employees harmless from and against any and all active and passive liability, claims, suits, actions, damages, and/or causes of action arising out of any personal injury, bodily injury, loss of life or damage to property, violation of any federal, state or municipal law or ordinance, or other cause in connection with the maintenance of said PROJECT. This clause shall remain in effect until mutually agreed upon in writing by the parties hereto. (b) It is contemplated by the parties that this indemnity agreement is not limited in any way by the extent of any policy of insurance currently in force and held by either party. 7. This Agreement may not be modified, amended or otherwise changed unless by an amendment in writing executed by the parties hereto. 8. Except as provided in Section 6(a), this Agreement shall terminate after completion of construction of PROJECT and payment of all amounts due under terms of this Agreement. -2- IN WITNESS WHEREOF, this Agreement is executed by the County of San Diego pursuant to action taken by the Board of Supervisors and the City of Chula Vista pursuant to action taken by its City Council. Vista Clef Board of Sup vi f' ~ v · er sors Ci y Cler~ ~' ~ ~County C~unsel~ scm/6-012 -3- I VICINITY MAP I-.M.G. ' $HULA WBTA TRACT NO. 81- 6 6-8-8~ OTAY ~A~Y !~DUSTRIA~ PARK L COUNTY OF SAN DIEGO CHIEF ADMINISTRATIVE OFFICE 1600 PACIFIC HIGHWAY · SAN DIEGO, CALIFORNIA 9210T TELEPHONE (6i9) 236-2722 AGENDA ITEM SUBJECT: Agreement with the City of Chula Vista for Road Improvements on the West Side of Maxwell Road Within the City of Chula Vista 5UPV DIST: 1 ~F REQUEST: This is a request to approve and execute an Agreement with the City of Chula Vista for construction of road improvements to the west side of Haxwe]l Road. This is part of a contract for construction of 0ta~ Landfill Haul Road. These road improvements will indude excavation of hill; installation of asphaltic concrete (A.C.) paving; porfiand cement concrete (P.C.C.) curb, gutter and sidewalk; and removal of P.C.C. drainage ditch. As provided in this agreement, in exchange for the above improvements by the Count~, the City agrees to deposit a $4,000 cash bond with the County. The City is also p~oviding the righ~ of entry documents required to complete these improvements. The City will assume maintenance responsibility of said improvements upon their acceptance of improvements. CHIEF ADMINISTRATIVE OFFICER'S RECOIe4ENDATION: Approve and authorize execution by the Clerk of the Board the Agreement between the City of Chula Vista and the County for the construction of road improvements on the west side of Maxwell Road. FUNDING SOURCES: City of Chula Vista Bond for $4,000; Resolution No. 13405, 1-12-88; CURRENT YEAR COST: $4,000 ANNUAL COST: ~ BUDGETED: IX] YES [] NO WILL PROPOSAL REQUIRE ADDITIONAL PERSONNEL? NO [X] IF YES, STATE NUHBER PEP, MANENT TEHPORARY OTHER BOARD POLICY(IES)' APPLICABLE: F-41, Public Works Construction Projects PREVIOUS RELEVANT BOARD ACTION: 11/10/87 (31) Approving funding and advertising for construction of Otay Landfill Haul Road (extension of Maxwell Road) 4 VOTES REQUIRED [] YES [X] NO DEPAR1MENT: PUBLIC WORKS ON MOTION of Supervisor Golding, seconded by Supervisor Williams, the Board of Supervisors takes action as recommended, by following vote: KATHRYN A. NELSON Clerk of the Board ~: Bilbray, Bailey, Golding, of Su~v Williams, MacDonald By. · , Deputy FEB 16 1988 No. 35 BOARD OF SUPERVISORS ZNFORRATION DEVELOPMENT FORM SUBJECT: Agreement with the City of Chula Vista for Road Improvements on the West Side of Maxwell Road Within the City of Chula Vista BACKGROUND INFORMATION: On November 10, 1987 (31) your Board approved funding and advertising for construction of Otay Landfill Haul Rbad (extension of Maxwell Road). On December 24, 1987 the contract for construction of Otay Landfill Haul Road was awarded to W. R. Connelly, Inc. The County is widening and paving the Otay Landfill Haul Road (extension of Maxwell Road on the Otay Landfill site). In order to complete the widening project improvements will be made on the westerly side of Maxwell Road (within the City of Chula Vista right-of-way) a length of 93.85 feet. The improvements will include excavation of hill; installation of A.C. paving; P.C.C. curb, gutter and sidewalk; and removal of P.C.C. drainage ditch. The City of Chula Vista will deposit with the County a $4,000 cash bond that the City received from a developer for improvements; and provide right-of-way and right-of-entry documents required to complete the project. The City of Chula Vista approved the agreement between City and County for installation of public improvements on January 12, 1988 Resolution No. 13405. [] ORDINANCE [] RESOLUTION CITIZENS CO)ITTEE STATEMENT [] YES [X] NO [] CONTRACT NO. n/a CONTRACT APPROVED BY CAO FOR ECONOMY []YES []NO IX] N/A [] EXEMPT (B/S POLICY A-96) APPROVED BY CO, COUNSEL AS TO LEGALITY [X]YESi~nitials []NOT APPLICABLE []STANDARD FORM CONTRACT REVIEW PANEL ACTION CONCURRENCES (If Applicable) [] APPROVED [] DISAPPROVED p~NOT APPLICABLE AUDITOR APPROVAL NEEDED [X]YE~_~[~ND FIN.MGT.APPROVAL NEED~]YES *initials []NO ,o ER.AL5. o383 iTHORIZED REPRES~AT'""ZE/OATE  February 16, 1988 ~:/eH~EF ADMI~IVE ICER MEETING DATE / BOARD OF SUPERVISORS ZNFORHATZON DEVELOPMENT FORM SUBJECT: Agreement with the City of Chula Vista for Road Improvements on the West Side of Maxwell Road Within the City of Chula Vista ADDTIONAL INFORt~ATION: FISCAL IMPACT STATEMENT: PROGleAM: Solid Waste Enterprise Fund 1987-88 1987-88 1987-88 1988-89 ADOPTED RECOMMENDED ADJUSTMENTS IMPACT BUDGET PROPOSAL Direct Cost $20,729,110 0 ~ 0 Indirect Cost {Dept. OH) (ext. supp. OH) ~ ~ 0 0 TOTAL COST 20,729,110 ~ ~ ~ Earned Revenue 20,729,110 ~ ~ ~ NET COUNTY COST ~ ~ ~ ~ years 50 n/a n/a n/a Source of Anmunt of Added Added Funds n/a Funds Required TOTAL NET PROGRAM COSTS: 0 REMARKS: The work as described in this agreement is part of the contract price for the construction of 0tay Landfill Haul Road. The City of Chula Vista is paying the County to complete street improvements that were part of a private City of Chula Vista development project. No County General Funds will be expended on this project. A-035 ..;