HomeMy WebLinkAboutReso 1980-10295
/1
Rev. 2/76
RESOLUTION NO.
10295
RESOLUTION OF THE" CITY' COUNCIL" OF"THEC"CrTY OF CHULA
VISTA, APPROVING AGREEMENT'BETWEEN THE CITY OF CHULA
VISTA AND THE STATE OF CALIFORNIA, DEPARTMENT OF
TRANSPORTATION FOR ENGINEERING SERVICES
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 agr~ement
between THE CITY OF CHULA VISTA, a municipal corporation, and
THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, for engineering
services for the improvement of Third Avenue between "G" Street and
ilK" Street
'dated the 14th day of October , 19 80 , 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
r
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.~~
Approved as to form by
~~
George D. Lindberg, City Attorney
John P. Lippitt, City Engineer
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA
VISTA, CALIFORNIA, this 14th day ,of, October , 19~, by
AYES: Councilmen
Scott, Gi11ow, Hyde, Cox, McCand1iss
NAYES: Councilmen
None
ABSENT: Councilmen
None
(;J;d.Q ~(M
~ Mayor of the City of Chula Vista
ATTES ~J;;~~/
'- C~ ty Clerk
STATE OF CALIFORNIA)
COUNry OF SAN DIEGO) ss.
CITY OF CHULA VISTA)
, City Clerk of the City
that the above is a full,
, and that the same has
I,
of Chula Vista, California, DO HEREBY CERTIFY
true and correct copy of Resolution No.
not been amended or repealed. DATED
City Clerk
Contract No. 11-0266
Sheet I or 4
M-S-161 (2)
THIS AGREEMEf'lT, mode and entered into on this 14th day or
l)rrnh",. , 1980, by and between the City of CHULA VISTA a body politic alld a
municipal corporation of the State or California hereinarter rererred to as "LOCAL
AGENCY", and the STATE OF CALlFORI'-J1A, acting by and through the Department
or Transportation, hereinafter referred to as "ST ATE".
wm,ESSETH
,^'HER EAS, LOC AL AGENCY contemplates improvement of THIRD A VEf'IUE
IMPROVEMEI'-JTS FROM "G" STREET TO "K" STREET hereinarter referred to os
"PROJECT"; and
WHERE,"IS, LOCAL AGENCY has requested and STATE is willing to furnish
engineering services rar said PROJECT provided all costs incurred by STATE on behalf
or LOCA.L AGENCY are borne at the expense or LOCAL AGENCY; and
WHEREAS, LOCAL AGENCY AND STATE desire to specify herein the conditions
under which State services are to be provided for and financed.
NOW THEREFORE, in consideration of the covenants and conditions herein
contained, the parties hereto agree as follows:
R-10295
IOz.-91-;-
Controct 1'"0. Ii -0266
Sheet 2 of 4
M-S-161 (2)
SECTION I
ST A TE AGREES:
I ) To perform the following engineering services os autno,-ized by Section 822.5
of the Streets and Highways Code.
Provide construction engineeriilg services, by fumishing the construction
inspectors.
Provide materials testing service, ;nc luding source inspection, for con-
struction phase of PROJECT.
2) Prior to commencement of engineering work by STATE personnel, to establish
a special account to accumulote all related expenses and charges for a!1
work performed on behalf of LOCAL AGEhlCY pursuant to tnis Agreement.
3) Immediately following execution of this Agreement, to submit to LOCAL
AGENCY, bi!ling in the amount of $11,500 which figure represents LOCAL
AGENCY'S advance deposit to finance the total estimated cost of engineering
services to be performed by STATE on behalf of LOCAL AGENCY pursuant
to this Agreement.
4) Upon completion of the PROJECT to furnish LOCAL _ilGEf\ICY WiTh a final
detailed statement of the accumulated costs, identifying actu'ol hours worked
end related expenses in connection with the secvices provided pursuent to
this Agreement.
I () 2 91)~
Contract ~j(). 11-0266
Sheet 3 of 4
II',-S- 161 . (2)
SECTIOi'-i II
LOCAL AGENCY AGREES:
I) To do all work necessac)' for the successful completion of the PROJECT
except for that work which STATE has agreed to perform in SECTION I of
this Agreement or by separate agreement.
2) To deposit with STATE, in od\'once and within 14 days of receipt of bil ling
therefor, the amount of $ 11 ,500 which figure represents the total estimated
cos1. of engineering services to be performed by STATE on behalf of LOCAL
AGENCY pursuant to this Agreement.
3) Upon completion by STATE of all engineering services performed on behalf
of LOCAL AGENCY and upon receipt of a detailed statement and billing
therefor, to reimburse STATE promptly, any amount over and above funds
deposited by LOCAL AGENCY as defined hereinbefore, required to complete
LOCAL AGENCY'S cost pursuant to this Agreement. Actual cost to LOCAL
AGENCY for work performed by STATE on behalf of LOCAL AGENCY as
defined hereinbefore in Section I, Article (4) will be determined upon
completion of all such work and final accounting of oil related charges, and
shall be a sum of the fol[owing:
Salary costs computed in accordance with ST A TC:'S standard accounting
procedures.
Trove[ and per diem expenses including charges for the use by such
employee of STATE vehicles, if required in accordance with rates set up
by the State Boord of Control Rules under Tit Ie 2, Section 706.
Functional indirect and admin istrative overhead costs computed in.
accordance with STATE'S Accounting Manual Chapter II, Table 6-2.
/{)2fr;-
Contract No. 11-0266
Sheet 4 of 4
M-S- I 61 (2)
SECTION III
IT IS tv\UTUALLY UNDERSTOOD AND AGREED:
I) Thot, LOCAL AGENCY may, at any time, or for any reason, terminate
STATE'S services immediately and shall notify STATE if) writing of such
termination.
2) That LOCAL AGEi--JCY will indemnify and save STATE, its officers, agents
and employees harmiess from any and all liability for injuries to persons or
damage to property caused or resulting in any manner from the performance
of any services by STATE personnel within the scope of this Agreement.
3) That should any portion of the project be financed with Federal Funds or
Gas Tax Funds, all applicable procedures and policies relating to the use of
such funds shall apply, notwithstanding other provisions of this Agreemer,t.
IN WiTNESS WHEREOF, fhe parties hereto have caused this Agreement to be
executed :01' their respective officers, duly authorized, the provisions of which Agreement
are effective as of the day, month and year first hereinabove written.
STATe: OF CALIFORNIA
Department of Transportation
CITY OF CHULA VISTA
By
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By lA),LJ0 ((, (
Mayor
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Atte L#.4~ Ckt~
City Clerk
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APPROVED AS TO FORM AND PROCEDURE:
Attorney, Department of Transportation
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