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Home My WebLink AboutReso 1972-6412Form No. 342 Rev. 9-71 RESOLUTION N0. 6412 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND COUNTY OF SAN DIEGO FOR PALOMAR STREET WIDENING, THIRD AVENUE TO HILLTOP - GAS TAX PROJECT #152 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, for Palomar Street widening, Third Avenue to Hilltop - Gas Tax Project #152 dated the 25th day of April 19 72 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 City Clerk be, and she is hereby authorized and directed to forward two executed copies of said agreement to the County Engineer Department for processing through the Board of Supervisors. 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 ,- ~ 7 -~_ -- ~~ Lane F. o e, Director o ublic GeorgeTD. Lindberg, City Attorney Works ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 25th day of April , 1972 , by the following vote, to-wi.t: AYES : Councilmen Hobel, Hamilton, Hvde, E~dahl, Scott NAYES : Councilmen None ABSENT: Councilmen None ~//jj ~ Mayor of the City of Chula Vi a ATTEST ~~ City Clerk ii. 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CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed.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 . ~.~_ r.~. _ ; - ..~,..... _ ~~ 5 n.;~ C- .~: _.;~1 ..:~~ ,. _,_ ._ _ ,_. This AGREEMENT executed this ~ ~ ~ `` day of ~.._ , 1972 ~ ~ ~ \ v ~~ 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, hereinafter called the County. WITNESSETH: WHEREAS, Section _6500 et seq. of the State of California Government Code authorizes Joint Poitiers Agreements, and WHEREAS, the City and County desire to enter into a joint powers agreement for the widening and improving of Palomar Street rrom Third Avenue to Tobias Drive and to provide certain intersection improvements, and WHEREAS, the area lies partially within the jurisdiction of the City and partially within the County, and WHEREAS, both the City and County desire t0 priil.ccu itith t1:~ con~tr'~ction of said improvements and to share in the cost of such construction. NOW THEREFORE, IT IS MUTUALLY AGREED by and between the City and County as follows: 1. IMPROVE?~'NTS. The City and County shall improve Palomar Street from Third Avenue to Tobias Drive. Such improvements shall consist of widening Palo- mar Street between the stated limits. The portions to be constructed in the areas agreed to be within the jurisdiction of the City and County are more parti- cularly described and depicted on Exhibit A hereto attached and hereby made a part of this agreement. ti'ork on the improvements is proposed to commence in the Fiscal Year 1972-; 3. ~~ ~/~ . ~~~. i> ~~L ~~ ~' 7~ f~1i~~~ C~ ~ SUN , r ~R ~~ ~~Ep~A~.~'M~NS 2. DISTRIBlJTION OF ~~ORK. In genexal the distribution of the work and the responsibility therefor is as follows: a. The City shall design and prepare plans and specifications for the improvement. b. The City shall provide all inspection and contract management services. c. The City shall perform all materials engineering necessary to determine a suitable structural section and for control testing during the construction of improvements. d. The City shall furnish the County a reproducible set of plans (mylar) and specifications. e. The City shall be strictly accountable for all funds received pursuant to this agreement and shall furnish the County an annual report thereof. f. The City shall obtain the necessary County excavation permit to do the work in the County streets prior to the commencement of tha construction. Tl:e County will expedite and issue the necessary excavation permit to do said work without charge to ' the City. 3. APPROVAL OF PLANS AND SPECIFICATIONS. The plans and specifications for the improvement shall be approved by the City Engineer on behalf of the City and by the County Engineer on behalf of the County. 4. RIGHT OF t~AY. In the event right of way must be purchased or condemned, it shall be the responsibility of each party to acquire at its own expense the necessary right of way within its jurisdiction provided, however, the City upon receipt of the bill from the County shall reimburse the County for necessary right of way purchased or condemned as follocVs: The right of way which is part or parcel of real property presently within the unincorporated territory of the County as shown on Exhibit A if the parcel has been or is annexed to the City prior to acquisition as ~~~i~ evidenced by recordation of a final order of condemnation, grant deed or grant of easement for such right of way. - 5. PAYMENT. All costs incurred by the City of Chula Vista for prelimi- nary engineering, design, construction engineering expense, contract costs in- cluding advertising inspection, contract management service, and all related payroll additives ar_d overhead costs in accordance with standard accounting practice, (said costs and expenses hereafter to be referred to collectively as engineering costs) shall be shared by the City and the County in the same pro- portion as the construction cost is to be shared as hereinafter set forth. The County shall reimburse the City for its proportionate share of all costs. The County shall bear the cost as follows: a. Its proportionate share of all construction based on the percentage of construction costs of the improvements within its jurisdiction as shown on Exhibit A, such proportionate share shall not be altered by annexation subsequent to execution of this agreement. 6. APPROVAL OF BID AND AWARD OF CONTP.ACT. 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 will notify the County of the lowest responsible bid and request its approval of said bid. If the County or City wishes to reject for cause the award of the contract in accordance with the lowest responsible bid the City will reject all bids, call for new bids based either on the existing contract documents or based on revised plans and specifications. If the County wishes to reject all bids and the contract cannot be awarded, the County will reimburse the City for its share of engineering costs up to that time. If the City wishes to reject all bids and the contract cannot be awarded, the City wi71 reimburse the County for all funds advanced by the County, except for the County's share of engineering costs up to that time. 7. DEPOSIT BY COUNTY. After approval by the County acid the Ci ;~ ~f the 1.o~Jest responsible bid but prior to the award of contract, the County shall deposit with ~~ ~i.~-- the City the Countyts share of the estimated cost of~construction of said improve- ments computed on the basis of unit prices bid. 8. FTNAL DETEFr1INATION OF COST - PAYMENT. After final determination of construction costs including utility relocation if such there be, the City will apply any excess construction cost deposit to the County TS share of engineering costs. The City will bill the County for any deficiency, or reimburse the County for any excess, in County construction cost deposit and for the Countyts share of engineering to accomplish this sharing of costs are hereinabove provided. Final payment is due from the County to the City upon xeceipt by the County of such bill. 9. This agreement shall terminate at the conclusion of construction and the acceptance of the street by the City and County respectively, and on final settle- went payment of all costs. In witness whereof this agreement is executed by the County of San Diego pursuant to action taken by its Board of Supervisors and by the CITY OF CHULA VISTA pursuant to action taken by its City Council. CITY GF CHL'LA VISTA ~1 RECOMMENDED: H. M. aylor County Engineer APPROVED AS TO FGP.M: COUZ 'Y COUNSEL By CITY ATTORNEY By /s/ GEORGE D. LINDBERG ,- COUNTY%0 SAN DIEGO Y Clerk of the Board of Supervisors approved andJorauthorized by the Board if Supervisors of the County of San Diego MAY 3 p 1972 ~ ~~ ~ ~~~~ Clerk of the Board of Supervi;~ra ~~o~/~J y~~~N~ry ~,oP JI w Q 0 H I OXFORD ST. u w i - couNTY C Q CITY CHULA VISTA LIMITS Z .T o W N QUINTARD S T. COUNTY CITY Li ST. '~( PAISLEY d O ~ PROSPECT• J NO / SLAL E EXHIBIT ' A' •~R, PALOMAR J ~__J t1J C O iJ N T Y ~ Of . ~.~. J ~ ~_._. CITY OF P~O~iCI' ~ ~ ~~~~ ~~~ C~X~UR I.tJ Q U V W C./) SAN UIEGU ~P~',LUMAR, CNU~AVISTA S T. w Q IL~A~T~ ~ ~T T L~ OUlNTAFtU c, ,.y • h I.'F ® C !TY COAST •~• `~~ ~, sr COUNTY CONST. `~~V~ R •~~• I COUNTY ~. ~.. CITY S T. ~~ Cut1NTY .~~.... _ CITY I • ..__._ . ~r :; PAISLEY 4. U PROSPECT J 2~ .--- l~ ~~ g6 .~~ r A`3~ Rt__..i~