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HomeMy WebLinkAboutReso 1978-9406~, Form No. 342 Rev. 2/76. RESOLUTION NO. 9406 _ RESOLUTION OF THE' CITY COUNCIL OF}•~IE` ChTY OF CHULA VI5TA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND KAMPGROUNDS ENTERPRISES, INC. FOR THE PREPARATION OF PLANS, SPECIFICATIONS, AND CONSTRUCTION OF A SANITARY SEWER p,I~TD AUTHORIZING THE MAYOR TO EXE-CUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby reso ve as follows: NOW, THEREFORE, BE IT RESOLVED that that certain agrQement bet en THE CITY OF CHULA VISTA, a municipal corporation, and KAb1P ROUNDS ENTERPRISES, Inc., for the preparation of plans, speci- fica ions and construction of a sanitary sewer date the 12th day of December , 19 78 a copy of as though h whic is attached hereto and incorporated herein, e same t full set forth herein be, and the same is hereby approved. BE IT FiJRTHER RESOLVED that the sum of $4,055 is hereby aut orized to be expended from Project "Rosebank Pump Station", Acc unt Number 600-6000-SI04. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vis a be, and he is hereby authorized and directed to execute said agr ement for and on behalf of the City of Chula Vista. Presented by ,a' q ~ w~ ~i'' ~~ .. ~ v' `° 1i jL~ s W. ~. Ro7~ens, Director of Yub11C [aor s Approved as to form by ~-. ~; // George D. Lindberg, City_ Attorney ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHUbLA VIS A, CALIFORNIA, this 12th day of December - 1978 - I' AYE Councilmen Scott, Cox, Egdahl, Hyde, Gillow NAYS : Councilmen None Councilmen None . _... / ~` Mayor of the City of C ula Vista /~ r -~_ i f AT T S T ",.'~ ~'L-,'L~t-~ / ~/ .~'tti-L-lt%2 =Z -~-City Clerk ,~ ST E OF CALIFORNIA) CO •I'Y OF SAN DIEGO} ss . CI OF CHULA VISTA) I , City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, tr e and correct copy of Resolution No. _ and that the same has no been amended or repealed. DATED City Clerk ~r AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND KAMPGROUNDS ENTERPRISES, INC. FOR THE PREPARATION OF PLANS AND SPECIFICATIONS AND CONSTRUCTION OF A SANITARY SEWER THROUGH K.O.A. PROPERTY THIS AGREEMENT, made and entered into this iay of December, 1978 by and between the City of C ula Vista, ~ municipal corporation, hereinafter called "City," and Kampground ?nterprises, Inc., hereinafter called "Developer," having their office and principal office of business at 3601 Edgemere Avenue, hula Vista, California 92010. W I T N E S S E T H WHEREAS, the Developer desires to annex certain property located in the County easterly of the K.O.A. Kampgrounds, and WHEREAS, the property to be annexed can most appropriately be sewered to City sewer lines through that portion of the camp- grounds presently annexed to the City, and WHEREAS, the City required independent sewer lines for each parcel of property and prohibits a tie in with other properties to reach a sewer main, and WHEREAS, to accomplish such a sewering arrangement, the City would waive such requirement only upon condition that a 6" line required for the development be increased to an 8" size to accommodate the requirements of the established and adopted sewerage plan for the area, and WHEREAS, the Director of Public Works of the City of Chula Vista, hereinafter referred to as "Director", has recommended that the City participate in the construction of a 8" sewer line as specified in this Agreement, and NOW THEREOFRE, it is mutually understood and agreed by and between City and Developer as follows: I, WORK TO BE PERFORMED BY DEVELOPER The Developer hereby agrees to perform and/or cause to be performed all of the professional services hereinafter defined and described in connection with the Project, and that said Developer shall be paid by the City for said services and compensation here- inafter set forth. II. WORK REQUIRED OF THE DEVELOPER The Developer agrees to do the following: A. Prepare preliminary design plans for the construction of an 8" sanitary sewer system. B. Submit for review by City staff the preliminary design plans and specifications for the project. C. Prepare final design plans and specifications and submit to the City Engineer for approval. D. Dedicate to the City a 10' wide easement for sewer purposes, necessary for construction and maintenance for the facilities. E. Obtain required permits from County of San Diego and/or City of Chula Vista. Engineering permits from City shall have no fee. -2- F. Construct the 8" sanitary sewer improvements including hole and necessary appurtances basically as shown on attached ibit A. G. Pay all required sewer connection and sewer repayment fees. II. DIRECTOR TO REPRESENT CITY The Director or his designated representatives shall epresent the City in all matters pertaining to services rendered ursuant to this Agreement and shall administer this Agreement on ehalf of the City. V, OWNERSHIP OF DATA, REPORTS AND DOCUMENTS The Developer shall deliver to the Director, as the work s completed, all notes of field surveys made, all reports of .ests made, studies, reports, plans, drawings, and all other materials end documents received by or prepared by the Developer in the >erformance ofsthandp'otherematerialsuandndocumentsoshallsbedthe~ Mans, drawing , property of the City. WORK TO BE PERFORMED BY CITY On its part, the City agrees to do the following: A. Notify San Diego County that an agreement has been reached between the City and Developer for the construction of sanitary sewer improvements. B. Request the County to withhold final inspection of applicable Building Permits until annexation is completed and all appropriate fees are paid by Kampground Enterprises, Inc. to the City. If annexation is not completed, Kampground Enterprises must contract with the City for sewer services prior to final inspection of applicable Building Permits. C, Reimburse Developer the lump sum of $4,055.00, this sum having been calculated as shown on Exhibit "B" attached to and made a part of this Agreement. This sum represents the difference in construction cost between a 6" and 8" sewer main, sewer manholes and the additional construction of 180 lineal feet of 8" sewer. No additional compensation shall be paid to Developer. D, Waive the requirement that indep~heeDeveloperlines for each parcel of propert be constructed by E, Provide inspection and construction surveying of the work at no charge to Developer. VI. PAYMENT Ci y agrees to make monthly progress payments to Developer upon receipt of statement as work is done during the contract up to a maximum of 90%. The amount withheld will be paid in full upon acceptance of the work by the Director of Public Works. y0~b -3- V]II. DEFAULT OF DEVELOPER This Agreement may be terminated for default if the D veloper breaches this Agreement or if the Developer refuses or f ils to prosecute the work under this Agreement or any phase of t e work, with such diligence as will assure its completion within t e time ulteoffthecDeveloper.shallmnottrelievetthe Developer fromuse o a defa 1 ability for such default. V II. PAYMENT UPON DEFAULT OF DEVELOPER In the case of termination of this Agreement for default o the Developer, the Developer shall be entitled to payment of the r asonable value of the work and services he performed after execut- i n of this Agreement and prior to its termination, less the aggreg- a e of all sums previously paid to the Developer for work and services performed undnseshincurredeby and anysdamagescsuffered bydtheoCity osts of expe y reason of such default. I CITY'S RIGHT TO TERMINATE: PAYMENT: A. Notwithstanding any other section or provision of this Agreement, the City shall have the absolute right at any time to terminate this Agreement or any work to be performed pursuant to this Agreement. B. In the event of termination of this Agreement by the City in the absence of default of the Developer, the City shall pay the Developer the reasonable value of the services actually performed by the Developer up to the date of such termination, less the aggregate of all sums previously paid to the Developer for services performed after execution of this agreement and prior to its termination. C. The Developer hereby expressly waives any and all claims for damage or compensation arising under this Agreement, except as set forth in this section, in the event of such termination. TERMINATION: DELIVERY OF DOCUMENTS: In the event of termination of this Agreement, and upon demand of the Director, the Developer shall delivedrawings andeallr all notes, calculations, studies, reports, plans, other materials and documents prepared by the Developer in the per- formance of this Agreement, and all such documents and materials shall be the property of the City; provided, however, that the Developer may retain copies for his own use. I. MODIFICATIONS OF AGREEMENT: This Agreement may be amended by reason of changes in the scope of the Project as described herein and the amount of any adjust- ment (increase or decrease) shall be determined by negotiations to the mutual satisfaction of the Director and the Developer and approved by the City Council. XII. INDEMNITY: Developers agrees to indemnify and save City and its agents and employees harmless from any and all liability, claims, damages or injuries to any person, including injury to Developers employees and all claims which arise from or are connected with the negligent perform ance of or failure to perform the work or other obligations of this agreement, or are caused or claim to be caused by the negligent acts of Developers, his agents or employeerovided all expenses of investigating and defendin a ainst same; p ~yc~ -4- h wever, that this indemnification and hold harmless shall not i clude any claim arising from the sole negligence or willful m sconduct of the City, its agents or employees. X II. LIMITATION OF LIABILITY: Any and all liability, claim for damages, cost of defense o expenses to be levied against Developer will be limited to a sum n t to exceed FIFTY THOUSAND DOLLARS AND NO/CENTS (50,000.00) or t e amount of its fee, whichever is greater, on account of any in- j ry or damage to persons or property or arising out of any design d fect, error, omission, or professional negligence. Further, the C ty agrees to notify any contractor or subcontractor who may per- f rm work in connection with or making use of any design, report or s udy prepared by Developer of such limitation or liability and r quire as a condition precedent to it performing the work a like limitation of liability on their part as against the Developer. I the event the City fails to obtain a like limitation of liability of the Developer and/or the City to such contractor or subcontractor rising out of alleged injury or damage to persons or property design efects, errors, omissions, or professional negligence shall be llocated between the City and the Developer in such a manner that he aggregaAND1DOLLARSyAND NO/CENTSn(50,OOOW00) orathenamounteof IFTY THOUS 'ts fee, whichever is greater. IN WITNESS WHEREOF, the parties hereto have executed this ~reement on the day and year first hereinabove set forth. E CITY OF CHULA VISTA DEVELOPER ~~ ~ nter rises InC. ayor o t e ity o C ula ista mpgroun s ~ p TTEST: - ;t ~Tennie M. Fulasz City Cler Approved as to form by: ' City Attorney -- ~~'- y~~ EXHIBIT B November 28, 1978 File No. AY-037 Td: Vila: F om: S bject: File Ken Goldkamp, Senior Civil Engineer Roberto Saucedo, Assistant Civil Engineer Sewer Agreement with KOA Ted Bell, owner day I had a telephone conversation with Mrour conversation was f KOA campground at 3601 Edgemere Avenue. e arding a cost estimate for heefollowingtiona costsestimathe g ro erty. T an for t ewer through his p p iven to Mr. Bell by Ham Brothers Construction Comp project: ~, 6" sewer system _ _ $15,120.00 1• 6" sewer line, 1080 L.F. x $14.00 = 3,025.00 11 x $275.00 = 300._ 00 2, Cleanouts, - 3, Connect to existing L.S. _ $18,445.00 Subtotal avement replacement & removal - 4. A.C. P amount unknown x $2.95sLshare) 5, Additional line (City Total = $18,445 + item 5 B, g" sewer system = $16,200.00 sewer line, 1080 L.F. x $15.00 __ 3,300.00 1. 8~~ 3 x $1100.00 = 300.00 2, Man Holes, 3• Connect to existing L.S. Subtotal = $19,800.00 4. A,C, pavement replacementshouldobelthe amount unknown, however, same as for Alternate~~sA~share) 5 , Additional line (City = $1g , 800 ± , item 4 Total + item 5 can be shown that the City's share should be computed as Thus it follows: Fi e -2- November 28, 1978 $19,800.00 - 18,445.00 ~ 1355.00 + item 5 City's Contribution 1, Difference between A1180nLtF.p'X&15100rnate B 2. Additional line 8" 6 : nr _ $1355.00 = 27_ 00.0 $4055.00 _-,