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HomeMy WebLinkAboutReso 1974-7567f . • ~ • ~ RESOLUTION N0. 7567 • ~ ~ Form Nd, . 3 4 2 Rev ~'; 3%74 RESOLUTION OF THE CITY COUNCIL OF 'THE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SAN DIEGO GAS & ELECTRIC COMPANY FOR THE IMPROVEMENT OF ALBANY AVENUE AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does here resolve as follows. NOW, THEREFORE, BE IT RESOLVED that that certain agree ent between THE CITY OF CI-iULA VISTA, a municipal corporation, and SAN DIEGO GAS & ELECTRIC COMPANY, for the improvement of Albany Avenue dated the 17th day of December 19 74 a copy of which is attached hereto and incorporated herein, the same as fully set forth herein be, and the same is hereby approved. ugh BE IT FURTHER RESOLVED that the Mayor of the City of C ula Vista be, and he is hereby authorized and directed to execute sa d agreement for and on behalf of the City of Chula Vxsta~ Presented by ~' ~. ,off ~ ~ Lam/ \~',~`~~'"`!'._` Lane F. Cole, Director of Public Works Approved as to form by George D. Lindberg, City Attorney ADOPTED AND APPROVED by the CITY COUNCIL of the CITY O VISTA, CALIFORNIA, thsl7th day of December 19,29 the following ~~ote, to-wit: AYES: Councilmen NAPES: Councilmen ABSENT: Councilmen Hobel, Hamilton None None n2ayor of the ,~ _ ~/ ATTEST` ~~ ~~ City le x ~- STATE OF CALIFORNIA) COUNTY OF SAN DIEr01 ss. CITY OF CF-IULA VISTA) ity of Chub Vista I, , City Clerk of of Chula Vista, California, DO HEREBY CERTIFY that the above is true and correct copy of Resolut~_on No. , and that the s not been amended or re~?ealed. DATED Cf-, ULA , by the City ~. full, ne has ity Cler AGREEMENT FOR THE IMPROVEMENT ' OF ALBANY AVENUE, CHULA VISTA THIS AGREEMENT, executed this 17th day of December , 1974, by and between the City of Chu a Vista, a municipal corporation, hereinaf ter called the CI Y, and San Diego Gas and Electric Company, a public utility company, hereinafter called COMPANY. W I T N E S S E T H WHEREAS, the City and the Company desire to ent r into a joint cooperative agreement to construct a portio of Albany Avenue from Main Street northerly to Tremont Street, and WHEREAS, the City and Company desire to procee with construction of said improvements and to share in the cost of such construction, NOW THEREFORE In consideration of the recitals, the mutual obligation of the parties as herein expressed, the City nd the Company agree as follows: 1. The City and the Company shall cause to be con strutted that portion of Albany Avenue from th easterly side of Albany Avenue to 8 feet weste ly of the street centerline including storm drain from Main Street to Tremont Street. 2. CITY AGREES A. To design and prepare plans and specificat ons for the project. ~ f_ - -2- B. To provide all inspection and construction management services. C. To perform all, materials engineering necess ry to determine a suitable structural section nd provide control testing during construction for the project. D. To pay the actual cost of constructing 291 meal feet of street improvements. Actual cost t the City for 291 lineal feet of street improvem nts will be determined on the bid price of each item and the final contract quantities on the co ple= Lion of the contract. E. To pay the actual cost for 25.85 of the pr ject drainage improvements from Main Street to T emont Street (Station 10+00 to City-County bounda y per improvement plans 74-191D through 74-19 D). F. To provide for the relocation of public uti ities. G. Upon completion of the installation of impr ve- ments, to accept the facilities and to assu e full responsibility for the operation and m in- tenance thereof . 3. COMPANY AGREES A. To pay for constructing 2~+9 lineal feet of treet improvements in accordance with paragraph 3 (f) and 3(g) of this agreement. ._ - - • -3- B. To pay for 20.91/ of the project drainage improvements from Main Street to Tremont St eet (Station 10+00 to City-County boundary per improvement plans 74-191D through 7~+-195D) 'n accordance with paragraph 3(f) and 3(g) of his agreement. C. To dedicate all necessary right of way and ase- menu on Albany Avenue and on Main Street f r the construction of the improvements as sho n on improvement plans 74-191D through 7~+-195 . D. That after bids for the improvement have be n received and opened by the City, and prior to the award of any contract for said improve nt by the City, the City shall notify the Company of the lowest responsible bid. If the Company wishes to reject, for cause, award of the con- tract in accordance with the lowest responsible bidder, the City will reject all bids and call for new bids based either on the existing on- tract documents, or on re vised plans and s ecifi- cations. E. That after approval by the Company of the es- ponsib le low bidder prior to the award of contract, the Company shall deposit with t e City a sum equal to the Company share of t e -. -~4• - ~. 5• 6. total construction costs of said improveme t, minus the actual cost to Company of reloca ing any of its facilities to accommodate the s reet improvements and drain improvement being m de. F. After the final determination of the sum e ual to construction costs minus utility reloca ion, if any, the City will refund any excess to the Company. If there is a deficiency in the Company's deposit, it will be added to the Company's share of payments to accomplish he sharing of costs hereinabove provided. Fi al payment is due and payable upon receipt of a bill from the City. That obligations of City under terms of this a ree- ment are subject to the approval and award of construction contract by City for the construc ion of the hereinafore described public improvemen s . All change orders affecting Company's obligati n hereunder shall be approved by the Company's authorized representative. That neither Company nor any officer or employ e thereof, is responsible for any damage or liab lity occurring by reason of anything done or omitte to be done by City under or in connection with an work, authority or jurisdiction not delegated o I Company under this agreement. I ~ -~~-- _5_ 7. All plans and specifications for the portion o the aforementioned improvements to be construc ed by the Company and the City will be approved b the City Engineer on behalf of the City and by the Company's authorized representative on beh if of the Company. IN WITNESS WHEREOF, the parties hereto have ca sed this agreement to be executed by their respective office s, duly authorized, the provisions of which agreement are e fective as of the day, month and year first hereinabove written. APPROVAL RECOMMENDED CITY OF CHULA VISTA Approved as to Form: ,~ / ,,; __ City Attorney . ~ . SA By Mayor -~ City Clerk ~= `` IEGO GAS AND ELECTR R~. E. Morris Senior Vice President APPRgVED AS TO FORM DATE ~ ~' ~. 19~~, ~~~ L. EARL LiGO#, AT . NEY n 1 ,~ d ~' COMPANY ,, -> .._, ~~ ,