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HomeMy WebLinkAboutReso 1972-6439Form No. 342 Rev. 9-71 RESOLUTION NO, 6439 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND STATE OF CALIFORNIA FOR INSTALLATION OF SEWER FACILITIES IN CONJUNCTION WITH CONSTRUCTION OF I-805 .(UTILITIES AGREEMENT NO. 15179-B) 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 STATE OF CALIFORNIA, for installation of sewer facilities in conjunction with construction of I-805 Freeway - Utilities Agree- ment No. 15179-B, dated the 23rd day of May , 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 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 ~f" i e Lane F. Cole, Director o ublic Works Approved as to form by ~~ ~~ George D. Lindberg, City Attorney ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 23rd clay of May , 19 72 , by the following vote, to-wit: AYES : Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde NAYES : Councilmen None ABSENT : Councilmen None ATTE; STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss, CITY OF CHULA VISTA ) I~ , City Clerk of the City of Chula Vista, Califo nia, 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CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed.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 . Owner ~~r©s-~~.~c-s - ~S1'39 ~/' 3/~ 3- • ~ ~ -sD-8o5 ' ~ ~ 6.4-8.8 110112 District Utility Agreement No. 15179-B THIS AGREEMENTS MADE AND ENTERED INTO THIS 23rd DAY OF nn~„ ~ 1972 BY AND BETWEEN CITY OF CHULA VISTA a body politic and a municipal corporation of the State of Californian hereinafter ref erred to as "CITY" AND STATE OF CALIFORNIA acting by and through its Business and Transportation Agency Department of Public Works Division of Highways hereinai~r referred to as "STATE" W I T N E S S E T H WHER:EAS~ STATE has adopted the route of Road 11-SD-805 between Telegraph Canyon Road and 0.2 mile south of Sweetwater Road as a portion of Interstate Route 805, and WHEREAS STATE contemplates construction of contract of the aforesaid section of Interstate Freeway in the near futures and WHEREAS CITY anticipates future growth and desires to provide for expansion to the east of said freeways and WHEREAS CITY has requested STATE to include provisions in STATEiS contract for construction of 519 feet of 8 inch VCP sewer main 869 feet of 15 inch sewer mains 1388 feet of sewer encasement and two manholes ~ and -------> ;~ ~ 1- SD-8o5, 6. ~--8.8 Agreement No. 15179-B Page 2 WHERE:4S, STATE is agreeable to include CITY'S request for construction of said sewer in STAT:EIS contract, it is now the desire of CITY and STATE to agree upon terms, conditions and manner in which CITY and STATE will bear the costs, and in the manner in which CITY will reimburse STATE, and to provide for the maintenance thereof. NOW, THEREFORE, in consideration of the covenants and conditions herein contained, the parties hereto agree as follows: SECTION I STATE AGREES: 1. To include the plans and specifications for said sewer line in the STATE highway contract and to cause the installation of said sewer line to be accomplished as a part of the STATE highway contract. 2. To keep separate records for the contract item quantities involved in the installation of said sewer line and within sixty (60) days after the installation is completed, prepare and file with CITY a statement of the actual cost of the installation including extra work, if any, and ten percent (10~) for STATE'S construction engineering plus an assessment for indirect charges at the rate currently in effect. SECTION II CITY AGREES: 1. To prepare the plans for said sewer lines at no expense to STATE for any administrative engineering or other costs incurred by CITY for this work. 2. To bear the actual cost of the construction of said sewer. It is estimated that CITY'S cost for said sewer is X37,475.00. The actual cost to CITY for said items will be determined on the bid price of each item and the final contract quantities on the completion of the contract. -~ 11-SD-805, 6.4-8.8 Agreement No. 15179-B Page 3 3. To deposit with STATE, before the award of the aforementioned STATE highway contract, and upon receipt of STAT-E'S demand, the sum of Thirty-seven thousand four hundred seventy-five dollars 037,475.00) representing the estimated cost of said sewer lines, and, except as herein provided, to pay the STATE within 90 days after receipt of a claim thereof the excess, if any, by which the actual cost of installation including extra work, if any, plus ten percent (10~) for STA'PE'S construction engineering plus an assessment for indirect charges at the rate currently in effect, exceeds the amount of said deposit. In the event the actual cost is less than said deposit, STATE will refund the difference between the actual cost and the amount of the deposit by CITY. In the event the actual cost exceeds said deposit, CITY will pay the difference between the amount of said deposit and the actual cost of CITY'S share. 4. Upon completion of the installation of said sewer lines, to accept the facilities and to assume full responsibility for the operation and maintenance thereof. SECTION III IT IS MUTUALLY UNDERSTOOD AND .AGREED: 1. That obligations of STATE under terms of this Agreement are subject to the approval and award of a construction contract by STATE for the construction of the hereinb.efore described section of Interstate Route 805. 2. All change orders affecting CITY'S obligation hereunder shall be approved by CITY'S Engineer. 3. Federal Highway Administration Policy and Procedure Memorandum 30-4 as amended, is by this reference made a part of this Agreement. 4. That neither STATE nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully indemnify and hold STATE harmless from any liabilit imposed for injury (as defined by Government Code Section 810.8 occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. ---.-___ ;_ ~-- 11-SD-805, 6.4-8.8 Agreement No. 15179-B Page 4 5. That neither CITY nor any officer or employee thereof, is responsible for any damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction not delegated to CITY under this .Agreement. It is also understo od and agreed that, pursuant to Government Code Section 895.4, STATE shall fully indemnify and hold CITY harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction not delegated to CITY under this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers, duly authorized, the provisions of which Agreement are effective as of the day, month and year first hereinabove written. APPROVED: C. S. MwcDONALD ,,,r E{[ADQUART[RY R/W D[rT. pV1ilON OF MIOMWATi ~Jllt 14 ~~~ CITY /~~.CHU/L" V,~S ..~ ~ ` Attest. ~:~ >r_.:~ t ~.., /1, -- r ~~-~ f.~ ~, STATE OF CALIFORNIA Departm t Public Works Divi 'o Highways ~ ~. Di ric Engineer EJF : pl --~,