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HomeMy WebLinkAboutReso 1973-6948Form No. 342 Rev. 9-71 RESOLUTION N0. 6948 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE COUNTY OF 5AN DIEGO FOR THE IMPROVE~~ENT OF EAST "H" STREET AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does 1~ereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that that certain +~greement between THE CITY OF CHULA VISTA, a municipal corporation, a d THE COUNTY OF SAN DIEGO, a political subdivision, for the i~provement of East "H" Street, dated the 17th day of July , 1973 , a dopy of which is attached hereto and incorporated herein, the same ;~s 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 ~-C/~- .~, Lane F. Cole, Director of George D. Lindberg, Ci y Attorn Public Works ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 17th day of July ,' 19 73 , by the following vote, to-wit: AYES : Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl NAYES : Councilmen None ABSENT: Councilmen None Mayor of the City of C ula Vista ATTEST ~ '~ ~ City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, City Clerk pf the City of Chula Vista, California, DO HEREBY CERTIFY that the above i{s a full, true and correct copy of Resolution No. and that the same has not been amended or repealed. DATED City Cler ~~ ~ THOROUGHFARE P.GREEMENT FOR THE IMPROVEMENT OF ,.EAST rrHrr STREET IN THE CITY OF CHULA VISTA THIS THOROUGHFARE AGREEMENT, executed this ~ day of , 1973, by and between the CITY OF CHULA VISTA, CALIFORNIA, a municipal corpo ation, herein- after called the T1City" and the COUNTY OF SAN DIEGO, a political subdiv~.sion of the State of California, hereinafter called the f1County". WITNESSETH: WHEREAS, the C ity and the County desire to enter into a joint Thoroughfare Agreement to improve that portion of East 1tH't Street within City from Hilltop Drive to Interstate Route 805, a distance of approximately four tenths 4f a mile (0.38 mi ), hereinafter referred to as 'the Proj ect'~ as shown on Exhibit rrArr attached hereto; and WHEREAS, East "H" Street has been confirmed by the County Board of Supervisors as a unit of t~ze City-County Thoroughfare System; and WHEREAS, the City and County desire to proceed with the construction of said improvement and to share in the cost of such construction according to the provisions of the County Board of Supervisors' Policy No. J-18 which is by this reference incorporated herein as though fully set forth; 1VC1W 1r1LRLtVLW, 11 1J 17UTUALLY AG1wiL by altd be~wccn the vi ..y uiad the Cvuia~.y as r"oiiows: 1. The City shall cause to be improved East "Htt Street within the'City Limits from Hilltop Drive to Interstate Route 805, a distance of approximately four tenths of a mile (0.38 mi) as hereinabove described. 2. The distribution of the work and the responsibility therefore as as follows COUNTY OF SAN DIEGO CONTRACT rru~BER--~~ // - 5~> ~G (T;2ferenc:; above nuL~ber in each cots::.~;~zlica~t.ian regarding thiti contracLj ~----- ' ~ a.. ~The~City will complete the design, prepare glans. and'~pecifications, acquire all right-of way within the City, advertise and award the contract for the construction of the project; b. City shall make the finding or Environmental Impact Report as appropriate, required by Division 13 (Environmental Quality), Chapter 4, Section 21151 of the State of California Public Resources Code or subsequent pertinent State requirements relating to environmental quality control. c. The City will provide all inspection of and contract management services for the project. d. The City will perform all material engineering and testing, necessary to determine a suitable structural section and will perform control testing during the construction of the project. 3. County shall pay to City the sum of $52,500, provided, however, that any portion of said sum in excess of 50% of the final cost of the project described in Paragraphs 1 and 4 of this agreement shall be returned to the County upon completion of the Project, Said sum is payable within 30 days after receipt of billing from City stating the construction contract for the project haslbeen awarded. It is understood by and between the parties hereto that the fpllowing items, if included in the project at the desire of City, shall be considered nonparticipating work to be completely paid for by City: a. Any right-of~aay other than permanent Thoroughfare right-of-way, b, Construction costs of longitudinal storm drains which carry drainage originating off of the street, c. Cost of construction, reconstruction, relocation or extensions of V utilities, except to the extent such work is required for the Thoroughfare construction. d. Right -of-way for utilities. - 2 - . - - , ~, ~. New frontage or property improvements such as: curb, gutter, sidewalks, ' "fence, walls or. driveways, except where these items area right-of-way obligation or consideration in lieu of cash. f. Improvements on intersecting streets, or other areas, outside the Thoroughfare right-of-way except to the extent necessary to reestabl~.sh a connection disrupted by a change of grade or alignment of the Thoroughfare. g. Street lighting except traffic safety lighting. h. Landscaping except erosion control planting and work necessary to restore any planting removed by the Thoroughfare construction. i. Reconstruction of an existing pavement section for structural reasons where existing line and grade are acceptable. 4. The project shall consist of construction of East rrHrr Street to ultimate standards of 72 feet width of pavement on 80 feet width right-of-way, together with concrete curbs, gutters, drainage improvements as necessary, and safety lighting and signal systems, and the project shall conform to geometzic and capacity standards equalling or exceeding those adopted by the Counter. The typical roadway sections shall be constructed as shown on Exhibit t'B~t attached hereto. The plans and specifications for the project shall be approved by the City Engineer on behalf of the City and by the County Engineer on behalf of the County. 5. The County shall not participate in nor contribute funds to the City toward the construction contract for the pro~PCt unless the construction contract includes provisions substantially Similar Lu tiie Couii~y Affirmative c"k~ctioi- c~ogta~T, adopted by the Board of Supervisors on October 14, 1971, and described in Document 446699 filed with the Clerk of the Board of Supervisors and as amended by the Board of Supervisors on November 28, 1972, and described in Document 463466 filed with the Clerk of the Board of Supervisors. 6. Indemnification a. The City agrees, pursuant to Section 895.4 of the Government Code, to indemnify and hold harmless the County, its employees, agents and officers, against any and all claims, demands, or 'causes of action allegedly arising out of any act or omission of any officer, agent or employee of the City. ~----. ~~ b. The County agrees pursuant to Section 895.4 of the Goverrunent Code, to indemnify and hold harmless the City, its employees, agents and officers, against a:,y and all claims, dC.Ti~.nds, or caus°~ of action allegedly arisir.; out of any act or omission of any officer, agent, or employee of the County. 7. This agreement shall terminate three years from the date of ids execution or upon completion of construction of the prof ect, whichever date is sooner. After completion of all work under this agreement and after all costs are known, the City shall certify the work has been completed in accordance with the terms of this agreement and the funds provided for in this agreement do not exceed 50% of the total project cost. All County funds paid to the City for the project but not used at the termination of this agreement shall be repaid by the City to the County within 30 days of termination of this agreement, 8. This agreement may not be modified, amended or otherwise changed unless by an amendment in writing executed by the parties hereto. IN WITNESS ~~Ii£REOF the parties hereto have caused this agreement tp be executed on the date first above written. APPROVED AS TO FOR CITY OF CHULA VISTA ~~1~ Ciar1 "-~TT~!'1\1YLY r COUNT SAN DIEGO COUNTY COUNSEL By 2-~ Clerk of the Board of Supervisors .. _, . ~ 4 ~=y ~..., . ,__.. _ / v ~ ~ .~ 4 ,,~ • `, ~% ~~ ~ '~ ' _ ._ .~ __ + cis y/ ~~ 1 .. t / 1 ~ -------- ~ ~ s i, ~ A o ~ ~ ~~ ~ `~ 1 f ~`O ''~ -;_ mi```l ' - / ~~ ~ ~ j ~~ ~ - ~I ~ ~ `t .~ ' ' I ~ ~ !, ~ V ~ ~ _ ~ i\ ~•__, ~ ~ 1 ~ ~, 4 ~ "' i ~ ~ t - ! j ~, _ i :~ . • ~~ i I ~` ~ ~~ ,i ,• ~~ ~ ' ~ . -~ ~ ~,., .. r, .... ~'~~~5" ~ .214 ,d4.L?"?tt-! ~ -tip: . y ~ . ,~, . ; ... ~ ~V1 i ~, •• ~ t ~ .' ~i : 1 ~ :. mac. ~ :: ~ ` W V, UI A - ~ ti i. c.~ J , .~ .~ ~ ~~~ - rUCNYlS1g0H~NYIJ73 ~ j D p :~ r- w . 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