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Home My WebLink AboutReso 1974-7499 Form No. 342 I Rev. 3/74 RESOLUTION NO. 7499 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND CHULA VISTA CITY ELEMENTARY SCHOOL DISTRICT FOR THE IMPROVEMENT OF ALBANY AVENUE AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the Clty of Chula Vista does hereby resolve as follows~ NOW, THEREFORE, BE IT RESOLVED that that certain agreement between THE CITY OF CaULA VISTA, a municipal corporation, and Chula Vista City Elementary School District for the improvement of Albany Avenue dated the 2nd day of October , 19~, 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 lS hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vlsta, Presented by /~~ Lane F. Cole, Director of Public Works ADOPTED AND APPROVED by the VISTA, CALIFORN lA, this 29th day of the followlng vote, to-wit: Approved as .-~ ., ff~ George D. Lindberg, City Attorney CITY COUNCIL of the CITt OF CHULA October , 19~, by Egdahl, Scott, Hobel, Hamil ton AYES: Councilmen NAYES: Councllmen None ABSENT: Councllmen Hvde ~ ~ Hayor of the ATTEST . ~ ~#d~ City Cl rk STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA) I, of Chula Vlsta, Callfornia, DO HEREBY CERTIFY true and correct copy of Resolution No. not been amended or repealed. DATED I Clty Clerk of the Clty that the above lS a full, I and that the same has .Ci ty Clerk AGREEMENT FOR THE IMPROVEMENT OF ALBANY AVENUE, CHULA VISTA THIS AGREEMENT, executed this 2nd day of October , 1974 by and between the City of Chula Vista, a municipal corporation, hereinafter called the CITY and the Chula Vista City Elementary School District, a political subdivision of the State of California, hereinafter called the SCHOOL DISTRICT. WIT N E SSE T H WHEREAS, the City and the School District desire to enter into a joint cooperative agreement to construct a portion of Albany Avenue from Main Street northerly to Tremont Street; and WHEREAS, the City and School District desire to proceed with con- struction of said improvement and to share in the cost of such construction, NOW THEREFORE In consideration of the recitals, the mutual obligation of the parties as herein expressed, the City and School District agree as follows: 1. The City and the School District shall cause to be constructed that portion of Albany Avenue from the easterly side of Albany Avenue to 8 feet westerly of the street centerline including storm drains from Main Street to Tremont Street 2. CITY AGREES A. To design and prepare plans and specifications for the project. B. To provide all inspection and contract management services. C. To perform all materials engineering necessary to determine a suitable structural section and provide control testing during construction for the project. D. To pay the actual cost of constructing 291 lineal feet of street improvements. Actual cost to City for 291 lineal feet of street improvements will be determined on the bid price of each item and the final contract quantities on the completion of the contract. E. To pay the actual cost for 25.85% of the project drainage improvements from Main Street to Tremont Street (Station 10+00 to City-County boundary per improvement plans 74-191D through 74-195D). ,f( 7(jC?9 -2- F. To provide for the relocation of public utilities. G. Upon completion of the installation of improvements, to accept the facilities and to assume full responsibility for the operation and maintenance thereof. 3. SCHOOL DISTRICT AGREES A. To pay the actual cost of constructing 538 lineal feet of street improvements. Actual cost to School District for 538 lineal feet of street improvements will be determined on the bid price of each item and the final contract quantities on the completion of the contract. B. To pay the actual cost for 53.74% of the project drainage improvements from Main Street to Tremont Street (Station 10+00 to City-County boundary per improvement plans 74-l9lD through 74-195D). C. To reimburse the City for its share of the construction costs of the improvements in accordance with paragraph 3(f) and 3(g) of this agreement. D. To dedicate to the City all necessary right of way and easements on Albany Avenue for the construction of the improvements as shown on improvement plans 74-191D through 74-l95D. E. That 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 School District of the lowest responsible bid. If the School District 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. F. That after approval by the School District of the responsible low bidder prior to the award of contract, the School District shall deposit with the City for the improvements the School District's share of the total construction costs of said improvement. G. After the final determination of construction costs in- cluding utility relocation, if any, the City will refund #?7cL09 -3- any excess construction cost deposit to the School District. If there is a deficiency in the School District's con- struction cost deposit, it will be added to the School District's share of payments to accomplish the sharing of costs hereinabove provided. Final payment is due and payable upon receipt of a bill from the City. 4. That obligations of City under terms of this agreement are subject to the approval and award of a construction contract by City for the construction of the hereinafore described public improvements. 5. All change orders affecting School District's obligation here- under shall be approved by the School District's Business Manager. 6. That neither School District 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 City under or in con- nection with any work, authority or jurisdiction not delegated to School District under this agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, School District 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 School District or in connection with any work, authority or jurisdiction delegated to School District under this agreement. 7. That neither School District 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 City under or in connection with any work, authority or jurisdiction not delegated to School District under this agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, City shall fully indemnify and hold School District harmless from any liability imposed for injury (as defined by Government Code Section 8810.8) occurring by reason of anything done or omitted to be done by City under or in connection with any work, authority or jurisdiction not delegated to School District under this agreement. f< 7tfr;q -4- 8. All plans and specifications for the portion of the afore- mentioned improvements to be constructed by the School District and the City will be approved by the City Engineer on behalf of the City and by the School District's Business Manager on behalf of the School District. 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 here- in above written. APPROVAL RECOMMENDED: CITY OF CHULA VISTA ./ ~l5/l~~9 Att~// ~C\~~ ByChU~:~~i~ El1Jf~:;:OOl Superintendent Approved as to Form: /{l;Y~/ , / City Attorney (~ , 1t7 cjpr AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA CITY SCHOOL DISTRICT FOR IMPROVEMENT OF ALBANY AVENUE Albany Avenue between Main Street and Tremont Street and adjacent to the Otay School 18 presently an unimproved street. The improvement of this street will be a joint effort between the City of Chula Vista, San Diego Gas & Electric Co., San Diego County and the Chula Vista City School District. The total estimated cost of the project is $73,000. The School District's estimated sha~e of the cost including 10% for contingencies is $33,000. The share of cost for street improvements is based upon lot frontage; the share of cost for drainage facilities is based upon tbe amount of runoff originating on each of the properties fronting Albany Avenue. The City anticipates going to bid for this contract during November with construction scheduled to start in December. The improvement should be completed prior to February I, 1975. This schedule is contingent upon all interested parties executing the necessary contracts, dedicating available rights of way as well as providing for necessary funding. It is recommended that the Board approve the contract between the City of Chula Vista and the School District for the improvement of Albany Avenue, and that the Superintendent be authorized to sign said contract on behalf of the district. Board Agenda Item 17C October 1, 1974 ---., ) {, 1,,,,:;,)(./ , / /