HomeMy WebLinkAboutReso 1975-7735L JY Ili LAG. -J4G
Rev,. 3/79
RESOLUTION N0. 7735
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHfJLA
VISTA AND THE STATE OF CALIFORNIA FOR THE REALIGNMENT
OF NORTH GLOVER AVENUE
AND AUTFIORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
NOW, THEREFORE, BE I'T RESOLVED that that certain agreement
between THE CITY OF CfIULA VISTA, a municipal corporation, and
THE STATE OF CALIFORNIA, for the realignment of North Glover Avenue,
dated the 13th day of May 19 75 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
William J. Robens, Director of
Public Works
ADOPTED AND APPROVED by
VISTA, CALTFORNLA, this 13th d-ay
the following vote, t.o-wit:
Approved as to form by
~.
GeorgeD. Lindberg, City Attorney
the CITY COUNCIL of the CITY OF CF.ULA
of Mav 19 75 by
AYES: Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde
NAYES: Councilmen
ABSENT: Councilmen
~ ~~N ' ~~O
Mayor of the City of Chula Vista
f
City C erx
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) ss,
CITY OF CHULA 'VIST'A)
of Chula
true and
not. been
I, City Clerk
Vista, California, DO HEREBY CERTIFY that the above
correct cony of Resolution No. and that the
amended or repealed. DATED
of the City
is a full,
same has
ty ~Ier
SA ~+FC;;
'JJ,C. i$V', 312 Ol
April 7, i9',
AG~'r_F.MLbT i3rTiJ'r.~2J
STATE C)r' CiAi,LI'Oi?tdSA
DE?ARTNiENT OF GENE?,A7., SEY.tiIC~:;:
OFFICF~ OF ARCHII'ECT''J:',E Ai•sD COtdSTRUCTI0P3.
AND
CITY CAF' Ci:CTT~? `]ISTA
THIS AGREE"'ir:NT, entered into this 13th day of _ .mA~ ~, 1 ,
by and betweor: the State of California, Department of General SFrvices,
office of Architecture and Construction, (hereinafter cal7.ed "State"} and
the City of Chula Vj.sta, California, (hereinafter called "City").
W I T N E S S E T H
WHERI~;AS, State proposes to construct a Parking Facility for the Denartn~nr.t.
of Motor Vehicles on State-ovmed property on the southeast corner of the
block at the intersection of Third Avenue and North Glover Avenue in the
City of Criaia Visra, San Diego County, California, and
WR-IERyAS, t.o develop the site, it becomes necessary to install a drain line
across 'the southerly pcrtion of the Status property, and
WHEREAS, to relieve traff..c congestion and provide ar_cess to the site, the
State and the City desire to realign a portion of north Glover Avenue, and
WHEREAS, State desires to have City's proposed Construction Contractor ac-
compiish said drain line and street improvements and share i.r. its cost, ar_d
WHEREAS, State and City desire to enter into an Agreement for tP:e `cco:n-
plishment of sa'_d wort: under the powers confc-rred upon, them under the Joint
Exercise of Powers Act, Secticrs 6500 et seq of the Government Code.
NOW, THE?.EFORE, the parties hereto do mutually agree as follows:
7~~~
City of Chula Vista..
Page No. 2
SECTION A - CONSTRUCTION PROJECT PHASE I
SA 4803
City agrees to prepare construction plans and specifications in conformance
with their construction standards for the drain line and the street improve-
ments at no cost to the State. Plans and specifications shall clearly distin-
guish between State and City area of responsibility for construction and shall
be on file with the State and City.
City agrees to construct or cause to be constructed, in conformance with the
plans and specifications, the following items as indicated on the mutually
approved City and State Construction Drawings.
1. Approximately 433 lineal feet of 65 X 40 CMPA including two related clean-
out boxes and removal of 8 feet of existing 42" RCP and connection to
existing 42" RCP at the east end.
2. Approximately 133 lineal feet of 50 X 31 CMPA from cleanout box at west
property line to end of existing stub near 4th Avenue (located on adja-
cent property).
3. 10 foot capped stub of 29 X 18 CMPA extending south from cleanout at
Station 2+23.94 North Glover Avenue, on west side. Make temporary con-
nection to existing 24" RCP.
4. 222 lineal feet of 18 X 11 CMPA and type "C" inlet located on west side
of North Glover Avenue at Station 4+65.
5. Remove existing inlet, construct modified type "C" inlet and extend
12" CMP 37 feet to meet new Type "C" inlet on east side of North
Glover Avenue at Station 4+65.
7~35~
City of Ciru'.a yi~ta
Page ;A C~ . ',•
SA #8G3
6, Construct one K-1 type inlet with o lineal feet of 38" CialP and connect
to existing 42 feet RCP located =~t northeast corner o£ North Glover
Avenue and "C°7 Street.
7, Remove all iirprove;n~>nts on a aortion of the existing 2dorth Glover Avenue,
north of "C" Street, to its contiecticn with "C" Street, a distance of
approximately 250 feet.
8. Reconstruct North Glover Avenue from centerline Station 5+82.82 extending
south to centerline Station 2+30, approximately 50 feet wide and approx-
imately 360 feet long, including aura and gutter, sidewalk, and two
drivevrays ,
9. Extend west curb and sidewalk from. Station 2.-30 to opposite centerline
Station 2+17,
10. Extend east curb and sidewalk of Ltorth Glover Avenue throughout curb re-
turn to meet end of existing "C" Street curb (SY.ation 19+18.81 center-
line "C" Street),
11, Construct temporary transition between south end of North Glover Avenue
improvement, (Station 230 and existing "C" Street).
The plans and specifications shall clearly ir_dicate the areas of work with
respect to monetary responsibility. State shall assume the construction
costs for items 1, 3, 4, 9, and 11 of Sectior. F. and City shall assume the
construction costs for items 2, 5, 6, 7, and 10. Gity and State shall share
equally in the construction costs for item 8 of Section A above.
~ 977 t~
City of Chula Vista SA 4803
Page No. 4
In consideration of Government Code Section 6504, State agrees to deposit
the sum of $48,818.28 before award of contract with the City for its
estimated share o£ the cost cf construction. This sum is based on the
City's Estimate, dated March 28, 1975• The total estimated project cost
is $73,368.83, the State's share $48,919.28 (64.91%) and the City's share
$26,448.55 (35.09%). City agrees to accumulate the actual cost of
construction of State's portion of the work as determined by costs
furnished by City's Construction Contractor.
City shall maintain adequate records and accounts of all expenditures made
in connection with this Agreement, and such records shall be available to
duly authorized representatives of the State.
Upon completion of the work of this Agreement and acceptance by the City,
City agrees to furnish State with a detailed statement of costs required to
complete the work, and to refund to the State any amount of the State's
deposit that remains after the costs have been deducted.
The work of this project shall be performed in cooperation with the State's
Construction Project and this Agreement shall terminate upon final accpetance
by the City of the work and the City's refund; if any, to the State.
Should the final estimate of cost, based on the lowest acceptable bid, exceed
'the total amount of funds available, including the amount made available by
this Agreement, the construction will not be undertaken until additional funds
are transferred to the City, subject to an amendment to this Agreement, to
finance the total project cost based on the lowest acceptable bid. The addi-
tional funds required will be made available in accordance with the statutory
provisions regarding augmentation of the funds of a project when the cost
"77.3 S~
~'ity^ of Chixia ~,'?.sta.
Page No.
sA 480;
based on the low big is in exec-_ss of the available funds. The pro rata share
of each of the contx°ibuting par,*,ies to this P.greement shall be a.s established
in the previously agreed estimate of cost.
In consideration of the covenants and conditiars agreed to by tae parties
hereto, State ag,:ees, upon written recuest by the City, to eFecute and de-
liver arL easement for a 10-foot hide portion en the souther~l~r side of the
construction site for storm drain, exter_d.ing from the east property 1'.ne arzd
continuing westerly to the west property line, a distance of approximately
45~ feet. Easement will be executed by the State upon L-he State's standarrd
easement form.
Upon completion, Gity agrees to provide repair and maintenance for. street
work and storm drain line, in accordance with City's standard procedure.
If at any time the work upon the project is terminated by either party tzereto
for cause, bef"ore the sta..^t of actual ccnstx^,xction work, State agrees to pay
City for all costs inci;rred by City for work of State's betterments, prior
to the date of termination.
The work of this Agreement is a Bart or' a larger State project to construct
a Parting Facility. Therefore, the State shall be responsible for the prep-
aration and submittal of all env;.ronmentai impact statements, and all similar
data and reports, which may be x~~quired by Federal, State and County lases or
by any public agency or body in connection with the pro,jeet.
In contemplation of the provisions of Section 895.2 of the Government Code
of the State of California, imposing certain tort liability ,jointly upon
?735
City of Chula ZTista
Page No. o
SA 11803
public entities solely by reason of such entities being parties to an agree-
r~ent as defined by Section 895 of said Code, the parties hereto, as between
themselves, pursuant to the authorization contained in Section 895:4 and 8y5.
of said Code, will each assume the full liability imposed upon it, or any
of its officers, agents or employees ty law for injury caused solely by its
negligent or wrongful act or omission occurring ir. the perfo_*~mance of this
Agreement, to the same extent that such liability would be imposed in the
absence of Section 895.2 of said Code. To achieve the above-stated purpu^se
each party indemnifies and holds haz7nless the other party for any loss, cost
ar expense that may be imposed upon such other party solely by virtue of said
Section 895.2. The provisions of Section 2778 of the California Civil Code
are made a part of this Agreement hereof as if fully set forth herein.
It is mutually understood and agreed that no alterations or variations of
this Agreement shall be valid unless made in writing and executed by the
parties hereto, and that no oral understandings or variations of the terns
hereof, shall be binding on any of the parties hereto.
City agrees to notify State in writing within thirty (30) days after completi;
and acceptance of nro,ject.
This Agreement is for Phase I of the Realignment of North Glover Street.
Phase II may be accomplished, subject to acquisition of necessary property
and this Agreement may be amended in writing as mutually agreed to by the
parties hereto.
IN WITilESS ',dHrRyO, the parties hereto have caused this Agreement to be
executed by their respective officers duly authorized, the provisions of
~ 73 S~
City of Chula Vista
Page No. 7
SA 4803
which Agreement are effective as of the day, month and year first herein-
above written.
Approved as to Procedure and Form:
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C,`i~y A torney R
DEPARTMENT OF GENERAL SERVICES
OFFICE OF ARCHITECTURE & CONSTRUCTION
£or St to Arch~tenht
Title
CITY OF CHULA VISTA
By\ ~ ~
~N d.yo r ~'
Attest:
C lerk
APPROVED FOR EASEMENT, AND
FUNDING AND COST SHARING PURPOSE
1 1
De artment of or is es
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`enerwa 1 c t cner 1 I PPa n '' I iTrF Th15 ESl'IMATE APPQO. t. 71Gh 'i- .- ;r;_~ sz.l.
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FAIR EMPIAYMENT PRACTICES ADDENDUM
1. In the performance of this contract, the Contractor will not discriminate
against any employee or applicant for employment because of race, color, reli-
gion, ancestry, sex, age', or national origin. The Contractor will take affir-
mative action to ensure that applicants are employed, and that employees are
treated during employment, without regard to their race, color, religion, an-
cestry, sex, age, or national origin. Such action shall include, but not be
limited to, the following: employment, upgrading, demotion or transfer; recruit-
ment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship.
The Contractor shall post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the State setting forth
the provisions of this Fair Employment Practices section.
2. The Contractor will permit access to his records of employment, employment
advertisements, application forms, and other pertinent data and records by the
State Fair Employment Practices Commission, or any other agency of the State of
California designated by the awarding authority, for the purposes of investiga-
tion to ascertain compliance with the Fair Employment Practices section of this
contract.
3• Remedies for Willful Violation:
(a) The State may determine a willful violation of the Fair Employment
Practices provision to have occurred upon receipt of a final judg-
ment having that effect from a court in an action to which Contrac-
tor was a party, or upon receipt of a written notice from the Fair
Employment Practices Commission that is has investigated and deter-
mined that the Contractor has violated the Fair Employment Practices
Act and has issued an order, under Labor Code Section 1426, which has
become final, or obtained an injunction under Labor Code Section 1429.
(b) For willful violation of this Fair Employment Practices provision,
the State shall have the right to terminate this contract either in
whole or in part, and any loss or damage sustained by the State in
securing the goods or services hereunder shall be borne and paid for
by the Contractor and by his surety under the performance bond, if
any, and the State may deduct from any moneys due or that thereafter
may become due to the Contractor, the difference between the price
named in the contract and the actual cost thereof to the State.
' "It is unlawful employment practice for an employer to refuse to hire or employ,
or to discharge, dismiss, reduce, suspend, or demote, any individual between
the ages of 40 and 64 solely on the ground of age,..." (Labor Code Section 1420.1)
STD. FORM 3 (Rev. 8/'73)
.,
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