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HomeMy WebLinkAboutReso 1972-6561Form No. 342 Rev. 9-71 RESOLUTION NO. 6561 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 THE CONSTRUCTION OF "H" STREET FROM HILLTOP DRIVE TO I-805 FREEWAY 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 that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and THE COUNTY OF SAN DIEGO, a political subdivision of the State of California, for the construction of "H" Street from Hilltop Dive to I-805 Freeway, dated the 15th day of August 1972 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 ~ ~ it Lane F. Cole, Director f Public George D. Lindberg, City Attorn_~ Works ADOPTED AND APPROVED by the CITY COUNCIL of VISTA, CALIFORNIA, this 15th day of August the following vote, to-wit: AYES : Councilmen Hyde, Egdahl, Scott, Hamilton the CITY OF CHULA 1972 by NAYES : Councilmen None ABSENT: Councilmen ATTE Hobe 1 STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) 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CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed.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 Clerk . ' ~ AGREEI`fENI' ' . ' FOR T}IE IMT'ROVL'MENT OF ' H STREET, C}IIILA VISTA THIS AGREEMENT executed this ''~=`~day of '~~ '~ ~ , 1972 by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter called the City, and the COUNTY OF SAN DIEGO, apolitical subdivision of the State of California, C',~~!;n~~TY Oh' 9«N DIEGO hereinafter called the County. C;CPyTfiAC~ WITNESSETH: (Rsi'erc:~c:~ 4t?ove zn~_:,'~~~.^~ in each oo~~nu_iioat? c~~ regurdizzg this coneact} WHEREAS, the City and the County desire to enter into a joint cooperative Agreement to construct H Street (S. A. 1150) from Hilltop Drive easterly to the Interstate 805 Freeway, a total distance of approximately 0.43 mile; and WHEREAS, the City and County desire to proceed with construction of said improvement and to share in the cost of such construction only on condition of the construction by the Division of Highways of an interchange at Interstate Route 805, and the construction of the portion of H Street between Route 805 and Otay Lakes Road by the Developer of the abutting property, NOW THEREFORE In consideration of the recitals the the mutual obligation of the parties as herein expressed, the City and. County agree as follows: 1. This Agreement is contingent on the County concluding an Agreement with the California Division of Highways for the construction of an interchange at Interstate Route 805, and the City concluding an Agreement with the Owner or Developer of the land for the construction of H Street easterly from Route 805 to Otay Lakes Road. If the City or the County is unable to negotiate such agree- ments within two years after the date of this Agreement, the Agreement shall. become null and. void. 2. The City and the County shall cause to be constructed that portion of H Street from Hilltop Drive easterly to Interstate Route 805. The portions t:o be constructed are the areas agreed to be within the jurisdictions of the City and County and are more particularly described and depicted on Exhibit A hereto attached and hereby made apart of this Agreement. The approximate length of the 2 improvement within the City is 0.26 mile and the County's portion of the proposed improvement is approximately 0.17 mile. 3. That the distribution of the work and the responsibility therefore are as follows : a. The City will design and prepare plans and specifications for the project. b. The City will provide all inspection and contract management services, c. The City will perform all materials engineering necessary to determine a suitable structural section and provide control testing during the construction for the project as depicted.on Exhibit A. d. All costs incurred by the City for preliminary engineering, design, and construction engineering expenses, inspection, and contract management services, shall be shared. by the City and. County. The County shall reim- burse the City for its proportionate share based on the percentage of construction costs of the improvements within its jurisdiction, as shown on Exhibit A, whether or not subsequent annexation alters said jurisdiction. e. The County shall reimburse the City for its share of the construction costs of the improvement in accordance with Section 7 of this Agreement. 4. In the event right of way must be purchased or condemned, it will be the responsibility of ttie agency in whose jurisdiction the property is located to acquire the necessary right of way within its jurisdiction, provided, however, that the City shall reimburse the County for necessary right of way purchased or condemned by the County which is part of a parcel of real property presently within the County's jurisdiction, i_f the parcel has been annexed by the City prior to ~~,, { ~ _,l ;' 3 acquisition as evidenced by recordation of a Final Order of Condemnation, Grant Deed, or Deed of Easement for such right of way. 5. The County shall not participate in nor contribute funds to the City toward. the construction contract for the project unless the construction con- tract includes provisions substantially similar to the County Affirmative Action Program adopted by the Board of Supervisors on October 14, 1971, and described in Document No. 446699 filed with the Clerk of the Board of Superviso rs. 6. After bids for the improvement have been received and opened by the City, and prior to the award of any contract for said improvement by the City, the City shall notify the County of the lowest responsible bid. If the County wishes to reject, for cause, award of the contract in accordance with the _lowest responsible bidder, the City will reject all bids and call for new bids based either on the existing contract documents, or on revised plans and specifications. If the contract cannot be awarded, the County will reimburse the City for its share of engineering. The City will furtlish the County a reproducible set of mylar plans and specifications for its use at a future date. 7. After approval by the County of the responsible low bidder prior to the award of contract, the County shall deposit with the City for the improvements t}ie County's share of the total construction costs of said improvement. The County's share of the total construction costs wilt be computed on the basis of unit price bid for the improvement within its jurisdiction as shown on Exhibit A hereto attached, whether or not subsequent annexation alters such jurisdiction between the date of its Agreement and t}ie award of the contract. 8. After the final determination of construction costs including utility relocation, if such there be, the City will apply any excess construction cost deposit to the County's share of engineering and contract management costs. If _~~) ' ._ ~~ ~. 4 there is a deficiency in the Countyts construction cost deposit, it will be added to 'the Countyts share of engineering to accomplish the sharing of costs hereinabove provided. Final payment is due and payable upon receipt of a bill from the City. 9. Those portions of the roadway to be constructed by the City and the County shall be designed for a sixty-four foot (64') traveled way or the equivalent. All plans and specifications for the portion of the said improvement to be constructed by the City and the County will be approved by the County Engineer on behalf of the County and by the City Engineer on behalf of the City. IN WITNESS WHEREOF, THIS AGREEMENT IS EXECUTED by the County of San Diego, by action taken by its Board of Supervisors, and by the City of Chula Vista by action taken by its City Council. 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