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Home My WebLink AboutReso 1969-5433RESOLUTION NO. 5433 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AGREEMENT WITH THE STATE DIVISION OF HIGHWAYS FOR INSTALLATION OF A SEWER CROSSING AT I-5 FREEWAY AND "G" STREET, APPROPRIATING FUNDS FOR SAID SEWER CRCSSING, 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 Division of Highways for the installation of a sewer crossing at I-5 Freeway and '°G" Street in the City of Chula Vista, dated the day of , 1969, 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 the same is hereby authorized to Fund, as heretofore budgeted for $10,525.00, being the balance of for the construction of said sew. same is hereby appropriated from Sewer Income Fund. that the sum of $11,975.00 be, and be expended from the Sewer Income said project, and that the sum of the total sum of $22,500.00 necessary ~r crossing by the State be, and the the unappropriated surplus of the 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 ., ~~ . Lane F. Cole, Director cf Pub icl Works Approved as to form by George Lindberg, City Attorn ADOPTED ru~i~ APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 18th day of November 1969 , by the following vote, to-wit: AYES : Councilmen Scott, Sylvester, Hamilton, McAllister NAYES: Councilmen None ABSENT: Councilmen None ~,~, ~ ~ ., ayor/ of the Cit ~ of Chula Vista ~; _ pro tem ATTEST `-~ ity Clerk 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__ Form.` No . CA 1'~ 2 7-66 :,ERTIFICATE OF CITY FINANCE OFFICER Certification of Unappropriated Balance I HEREBY CFRTIFY that the money required for the appropriation of funds for the purpose set forth in the attached. resolution is available in the Treasury, or is anticipated to come into the Treasury, and is otherwise unappropriated. Amount $ i C ~'_ ~ ,> c 4 Fund '~ c c {, i - ; ~ f_: ,, ~ F ~ : ~~ Purpose ; ~ `-~ C ~- . ,',~ , , _ ,9 , ~: ~r ~ ~._~. ~,~ ~ ~' 1,~ , BiddE>r - ~ i=~ ;'~i _ ! > t , -_ .... ~~ ~j'._ i~_. ~~ mac.-.. y . -, i= , (~ - Finance Officer The City of Chula Vista Date BY Certification of_ Unencumbered Balance I HEREBY CERTIFY that the inclebted.ness and oblig- ation t:o ~,,e incurred. by the contract or agreement author- ises by the attacher? resolution can be incurred without the violation of a.ny of the p.r.ovisions of the Charter of the City of Chula Vista, or the Constitution or the laws of the State of California, that sufficient monies have been ap,~~ropriated f.or the purpose of said contract, that sufficient monies to meet the cbligations of the contract are actually in the Treasury, or are anticipated to come into the Treasury to the credit of the appropriation from which the same are to oe drawn, and that said monies now actually in the Treasury, together with the monies antic- ipated to come into the Treasury, to the credit of said appropriation are otherwise unencurlbered. Amount Not to Lxceed $ Date Func?~ Purpose Bidder Finance otticer The City of Chula Vista By Dept./Activity Certificate No. ~~~ ~ ~- __ __ _ Utility Uwner Sheet 1 of 6 Sheets 11-SD-5 PNT 4.3-8.6 EA 086072 District Utility Agreement No. 14.991.-A THIS AU-Ry,'E1~'IdT, MADE A.l~3D ENTERED INTO THIS 18th DAY OF November , ~9~ BY AND BETWEEN CITY OF CHULA VISTA a body politic and a municipal corporation of the State of California, hereinafter referred t o as "CITY" AND STATE OF CALIFORNIA acting by and through its Business and Transportation Agency, Departme?it of Public Works, Division of Highways, hereinafter referred to as "STATE W I T N E S SET H WHEREAS, STATE has adopted the route of Road 11-SD-~ between 0.3 mile south of Palm Avenue and "E" Street in C:nula Vista as a ,portion of Interstate Route 5, and - 2 - WHEREAS, STATE contemplates construction by contract of the of oresaid section of Interstate Freeway in the near future, and ~rdHEREAS, CITY anticipates future growth and desires to provide for expansion to the west of said freeway, and WF~EF.EAS, in order to provide an adequate sewer service to the aforesaid area, it is necessary that a new sewer line be installed to cross the right oi" way of said Interstate Freeway, and titirHEREAS, CITY has requested STATE to include provisions in STATE'S contract for construction of 395.18' of 21" VCP at "G" Street, crossing freeway at about Engineer's Station t~l~0+25; encase in concrete between right of way lines and install 2 manholes, and WHEREAS, STATE is agreeable to include CITY'S request z"or construction of said sewer in STATE'S contract, it is now the desire of CITY and STATE to agree upon terms, conditions and manner in which CITY and STA'I'E will bear the costs, and in the manner in trhich 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 T STATE AGREES• 1. To include the plans and specifications for said sewer line in the STATE Highway - 3 - Contract plans and specifications 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 Urithin sixty (60) days after the installation is completed, prepare and file with CITY a statement of the actual cost of the installation including extra. worl~, if any, and ten per cent (lOf ) for STATE' S construction engineering ,plus an assessmeizt for indirect charges at the rate currently in effect. SECTION II CITY AGREES: 1. To prepare the plans for said saver lines at no expense to STATE ~°or any administrative, engineering or other costs incur red by CITY for this work. 2. To bear the actual cost of the construction of said sewer. It is estimated that CTTY'S cost for said sewer is $22,500.00. The actual cost to CITY for said items will be determined r, ~ ~ -_ -~/~~ - 4 - on the bid price of each item and the final contract quantities on the completion of the Contract. 3. To deposit ti•Jith STATE, before the award of the aforementioned STATE Highway Contract, and upon receipt of STA^lE'S demand, the sum of Twenty-Two Thousand Five Hundred (22,500.00) Dollars, 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, 'oy which the actual cost of installation including extra work, if an.y, plus ten percent (10j~) for STr'1TE'S construction engineering plus an assessment for indirect charges at the rate currently in el"fect, 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. l~. Upoxi completion of the installation o:t" said sewer lines, to accept the facilities and to assume full responsibility for the operatio~z and maintenance thereof. {Lh'{ ~~ _ -~ ~ 7 ` J - 5 - SECTION III IT IS MUTUALLY iJI1DERST00D AND AGREED: 1. That obligations of STATE under terms oz" this Agreement are subject to the approval and award of a construction contract by STATE for the construction of the hereinbefore described section of Interstate Route 5. 2. All change orders affecting CITY'S obligation hereunder shall be approved by CITY'S Engineer. 3. Bureau az`' Public Roads Policy and Procedure Memorandum 30-1~ as amended, is 'oy this reference made a part of this Agreement. 1;.. 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 895.1-I-, CITY sha11 fully indemnify and hold STATE 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 CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this agreement. ~~~ ~,, ~` ~~` -- - b - 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 Agree- ment. It is also understood and agreed that, pursuant to Government Code Section 895.l.~, STATE shall fully indemnify and hold CITY harmless frorr~ any liability imposed for injury (as def fined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by STATE under or in connection U.rith any work, authority or jurisdiction not delegated to CITY under this Agreement. IN WITNESS WK/REOP', the ,parties hereto have caused this Agreement to be ei~ecuted by their respective officers, duly authorized, the provisions of which Agreement are effective as of the day, month and year first hereinabove written. STATE OF CALIFOR~tIA Department of Public Works Division of Highways J. A. LEGARRA State igh Engineer By s eer A -roved as to Form and Procedure; ~ T.F~C}~'} j'f'P'.i . ;:x. -~ f j/ v ___ ,~~''~~~~. r.,. n~aSi~dF . _ i.. '~.r A123 ' .~ Attorney, Department of Public Works CITY 0 CHiTLA V I,/S` TA ( it le ~ ~ ,.,~ , i~ ~. / ~~ Attest: `"1 ~-c:__~_ C z-~_~ c~yt ,~z=~-;1~C~C Approve as to '~ and rocedure: C' y Attorney i