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Home My WebLink AboutReso 1974-7313 Form No. 342 Rev. 3/74 RESOLUTION NO. 7313 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE SWEETWATER UNION HIGH SCHOOL DISTRICT FOR PARTICIPATION IN THE IMPROVEMENT OF FIRST AVENUE ADJACENT TO CASTLE PARK JUNIOR HIGH SCHOOL, APPROPRIATING FUNDS, 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 SWEETWATER UNION HIGH SCHOOL, a political subdivision of the State of California, for participation in the improvement of First Avenue, adjacent to Castle Park Junion High School - Gas Tax Project #221, dated the 21st day of May , 1974 , 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 sum of $4000 be, and the same is hereby appropriated from the 2106 Gas Tax Fund unappropriated balance to cover the City's cost in participating in the improvement of First Avenue north of Quintard Street, Gas Tax Project No. 221. 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 Approved as ~o form by ./-\ /\ ff~, k!~tf?~-(?> George 5. Lindberg, City Attorney cK:~~ Lane F. Cole, Director of Public Works ADOPTED AND APPROVED by the VISTA, CALIFORNIA, ~his 21st day of the followlng vote, ~o-wi~: CITY COUNCIL of the CITY OF CHULA May , 1911--, by AYES: Councilmen Hyde, Egdahl, Hobel, Hamilton NAYES: Councllmen None ABSENT: Councllmen Scott ATTES'JQ4L'~ 9Jl \16/ h~_ ,/ Cl~Y Clerk STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA) -~~tt~ ~A/fJ/;;, ( May r 0 h l'ty of Chula V is~a I, of Chula Vls~a, Callfornia, DO HEREBY CERTIFY true and correct copy of Resolution No. not been amended or repealed. DATED , City Clerk of the Clty that the above is a full, , and that the same has City Clerk AGREEMENT FOR THE IMPROVEMENT OF FIRST AVENUE, CHULA VISTA THIS AGREEMENT executed this 21st day of May , 1974 by and between the City of Chula Vista, a municipal corporation, hereinafter called the City, and the Sweetwater Union High School District, a political subdivision of the State of California, herein- after called the School District. WITNESSETH WHEREAS, the City and the.School District desire to enter into a joint cooperative agreement to construct a portion of First Avenue from Quintard Street northerly, a total distance of approximately 620 feet; and WHEREAS, the City and School District desire to proceed with construction 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 the westerly half of First Avenue from Quintard Street northerly a total distance of approximately 620 feet. The portion to be constructed are the areas agreed to be within the jurisdiction of the City and are more particularly described and depicted on Exhibit A hereto attached and hereby made a part of this agreement. 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 the construction for the project as depicted on Exhibit A. D. To pay the actual cost of constructing a 12 foot width of pavement within the project limits as described and ~08 ~--- depicted on Exhibit A. Actual cost to City for 12 foot width of pavement will be determined on the bid price of each item and the final contract quantities on the completion of the contract. E. To provide for the relocation of public utilities. F. That all costs incurred by the City for preliminary engineering, design and construction engineering expenses, materials engineering, control testing, utilities relocation and inspection shall be shared by the City and School District. The School District shall reimburse the City for its proportionate share based on the percentage of construction costs of constructing a portion of First Avenue as described and depicted on Exhibit A. G. Upon completion of the installation of improvements, to accept the facilities and to assume full responsibi- lity for the operation and maintenance thereof. H. To relieve the School District of all responsibility under various improvement acts for the future improve- ment of First Avenue adjacent to Castle Park Junior High School property. 3. SCHOOL DISTRICT AGREES A. To pay the actual cost of construction of a 6.5 foot width of pavement, curb, gutter and sidewalk, and the curb return at the northwest corner of Quintard Street and First Avenue within the project limits as described and depicted on Exhibit A. Actual cost to School District for aforementioned improvements will be determined on the bid price of each item and the final contract quantities on the completion of the contract. B. To dedicate all necessary additional right of way on First Avenue. C. To reimburse the City for its share of the construction costs of the improvements in accordance with Paragraph 3(e) and 3(f) of this agreement. 1273$ -~- D. 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. If the contract cannot be awarded, School District will reimburse the City for its share of engineering. E. 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. F. After the final determination of construction costs including utility relocation, if any, the City will apply any excess construction cost deposit to the School District's share of engineering costs. If there is a deficiency in the School District's construction cost deposit, it will be added to the School District's share of engineering 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 hereunder 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 }€)3/~ -4- 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, 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. 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 hereinabove written. CITY OF CHULA VISTA ---1 / >J ;/ BY'd1U)J'F)J,-'" :-))cJf;;~ r APPROVAL RECOMMENDED: Attest APPROVE~ .l\S TO FC:1~A R03~;-;T C. ~j~;' CO;':lilj ,'.. SWEETWATER UNION HIGH SCHOOL DISTRICT c.....:-, , ~Ldddd'" "7- ~<)~(ft, 'j~1') ~ ; ,~)'---"'"' /---, /~ /7 DJ;)'_~J