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HomeMy WebLinkAboutReso 1971-5983 Form No. '342 Rev, 11-69 RESOLUTION NO. 5983 ..~:~ 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 UTILITY RELOCATION TO ACCOMMODATE ACCESS ROADS TO TIDELANDS AVENUE 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 SAN DIEGO GAS & ELECTRIC COMPANY, a private utility corporation of the State of California, for utility relocation to accommodate access roads to Tidelands Avenue dated the 16th day of March is attached hereto and incorporated herein, set forth herein be, and the same is hereby , 1971 , a copy of which the same as though fully approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is h'ereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. ;;Z;:;;ee Approved as '7 City Att~ey Lane F. Cole, Director of Public Works ~~p GeorggYD. Lindberg, ADOPTED AND APPROVED VISTA, CALIFORNIA, this 16th following vote, to-wit: by the CITY COUNCIL of the CITY OF CHULA day of March , 19L.L, by the AYES: Councilmen Egdahl, Scott, Hobel, Hamilton. Hvde NAYES: Councilmen None ABSENT: Councilmen None " /4~~ Mayor of the ~ity of Chula ista AT~~c{2{ ~Ln"j/ STATE OF CALIFORNIA ) COUNTY OF SAN.DIEGO ) ss. CITY OF CHULA VISTA ) I, Vista, California, DO HEREBY CERTIFY correct copy of Resolution No. amended or repealed. DATED , City Clerk of the City of Chula that the above is a full, true and , and that the same has not been Ci.ty Clerk _AGRE~.lliNT TO RELOCATE uTILITIES _ THIS AGRE~/,ENT, MADE AND ENTERED INTO THIS 16th' DAY OF March , 1971 BY AND BET\EEN CITY OF CHULA VISTA a body politic and a municipal corporation of the State of California, hereinafter referred to as "CITY" AND SAN DIEGO GAS & ELECTRIC CO~WANY a private utility corporation of the State of California, hereinafter referred to as "CO~ANY" WIT N E SSE T H -WHEREAS, the State of California on August 21, 1947 an4 September 23, 1948 adopted the route of Road ll-SD-5 between "E" Street in Chula Vista and 24th Street in National City as a portion of Interstate Route 11~SD-5/54; and 't1llEREAS; the State of California contemplates construction by contract of.the aforesaid section of Interstate ~eeway in the near future; and WHEREAS, the..interchange for Routes 5/54 will provide access from Tidelands Avenue to said interchange by means of- roads to be known as the East- _bound (EB-54) a..'1d .Iest-South (WS-54) Connectors; and \.J;{EREAS,. construction of said connector roads, the cost of which is to be borne by.CITY, will cause ramps to be constructed under a 138,000 volt steel tower transmission line, at an elevation of approximately 52 feet; and "'. . . _. .-.__. j ! i i "t ~[S .3931) '. - 2 - . ~~S, 'CO~~ANY plans to convert the existing steel tower line into a dual steel tower line by adding a second line of towers parallel with and about 75 feet easterly of the existing line of towers; and '~~EAS, it is required by the California Public Utility Commission .General Order 95 and to the mutual advantage of CITY and COI1PANY to cause certain steel towers to be designed and constructed and/or reconstructed to a sufficient height to provide a minimum clearance of 30 feet for the 138,000 volt conductors .over said connector roads. .NOW, THEREFORE, in consideration of the covenants and conditions herein contained, the parties hereto. agree as follows: SECTION I COMPANY AGREES: 1. To design and construct two towers to be designated as towers 17A-W and lS-W. Said towers are to be located a~proximately 440 feet and 600 feet northerly' of and in .linewith existing tower No. 189506. 2. To design and construct two towers to be designated as towers 17A-E and 18-E. Said towers are to be located approximately 75 feet easterly and adjacent to the aforementioned towers 17A-H and 18-';i. 3. To design and construct two towers to be designated as towers 19-E and 19-W. Said towers are to be located approximately 420 feet northerly of the centerline'of Sweetwater Flood Control Channel. 4. To remove existing steel tower No. 189508 and credit CITY for. the value of salvage, if any. 5. To remcve existing steel tower No. 189507 and credit CITY for the value of salvage, if any. ., ~zs. 59%3 - 3 - SECTION II CITY. AGREES: 1. To pay the actual costs incurred for the construction and placement of towers No. 17A-W, 17A-E and 18-w. 2. To pay the actual costs incurred for the extra height required in the placement of tower No. 18-E. 3. To pay the actual tower No. 189507. costs incurred in the removal of existing 4. ~~ To deposit with CO~PANY by Fe"rHary 1, .1971, the sum of $90,235.00, which sum represents the estimated cost of Items 1 through 3, Section II, or 73.3~6 of the.total cost of the work as described in Section I, which total is estimated to be $123,025.00. In the event the actual cost is less than said deposit, COfP~~Y will refund the difference between the actual amount and the amount on deposit by CITY. In the event the .actual cost exceeds said deposit, CITY will pay the difference between said deposit and the actual cost of CITY'S share. SECTION III IT IS MUTUAI..LY UNDERSTOOD AND AGREED: 1. That all change orders affecting CITY'S obligation herein shall be approved by CITY'S Engineer. 2. That neither CITY nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of any negligent act or omission by CO~WANY under or in connec- -tion with any 'work, authority or jurisdiction delegated to OO}WANY under this Agreement. It is also uriderstood and agreed that, pursuant to Government Code Section 895.4, COfWANY .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 any negcigent act or omission by CO~ANY . under or in connection with any work, authority or jurisdiction delegated to CO~Wm'Y under this Agreement. 3. That neither CO~WANY nor any officer or employee thereof, is responsible for any damage or liability occurring by reason of any negligent act or omission by CITY under or in connection with any work, authority or jurisdiction not delegated to CmWANY , '~E.S.-59%5. - 4 - under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully indemnify and hold CO"PANY harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of any negligent act or omission by CITY under or in connection with any work, authority or jurisdiction not delegated to CO~PANY under this Agreement. IN liITNESS ~~EOF, 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. ~PPROVED AS TO FORM BY ;TY7~~~ ~ By 'APPROVED AS TO FORM DATE Z-1-~ J97/ I\t-Fh--h~" .-n- -_\.!.<~- . , STAff ATTORN" n__ SAN "DIEGO GAS & ELECTRIC CO/.PANY (J) ";" , f/G. . r:ta(v[~.,-------- Vice President II---n / ' ,; .J,rvU.::MA.4'l4./J"1',-, V Sec::cetary :By By '-" ''''T r "~ '-. , , , \,' OJ, -" ~ , " -}.,'i5,59%5