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HomeMy WebLinkAboutReso 1979-9728Form No. 342 Rev. 2/76. RESOLUTION NO. 9728 resol~ betw~e THE C signa dated which fully RESOLUTION OF THE CITY COUNCIL OF'~'~iE"`CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE COUNTY OF SAN DIEGO FOR CONSTRUCTION AND MAINTENANCE OF A TRAFFIC SIGNAL SYSTEM AT THE INTER- SECTION OF HILLTOP DRIVE AND MAIN STREET AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby re as follows: NOW, THEREFORE, BE IT RESOLVED that that certain agrQement 'n THE CITY OF CHULA VISTA, a municipal corporation, and )UNTY OF SAN DIEGO, for construction and maintenance of a traffic . system at the intersection of Hilltop Drive and Main Street the 14th day of August 19~_, a copy of is attached hereto and incorporated herein, the same as though set forth herein be, and the same is hereby approved. Vista~be, agree ent BE IT FURTHER RESOLVED that the Mayor of the City of Chula and he is hereby authorized and directed to execute said for and on behalf of the City of Chula Vista. Prese ted by i J n P . Lippit't VISTA, AYES: NAYES: ABSENT ATTE S'L Approved as to form by - // n~ineer George D. Lindberg, City Attorney ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA CALIFORNIA, this 14th day of August , 19~c_, by Councilmen Hyde, McCandliss Scott Gillow Councilmen None Councilmen Cox ~` Mayor of the City of C ula Vista y Cllr STATE F CALIFORNIA) COUIV~I'Y OF SAN DIEGO) ss . CITY 0 CHULA VISTA) I~ City Clerk of the City of Chu a Vista, California, DO HEREBY CERTIFY that the above is a full, true a d correct copy of Resolution No. and that the same has not be n amended or repealed. DATED City Clerk ' ~i~~ J~: ~ ..a.Siii 1~i i:~nni~~ i'1. hul.itir Cite L1e!r's 1 . i~. .:;~x 11!S7 C:~u'.a s AGRE E DIENT FOR CONSTRUCTION A1VD MAINTENANCE OF A TRAFFIC SIGNAL AT MAIN STREET ~'~~ID HILLTOP DRIVE This agreement executed this 14th day of August 1979, by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter called the City, and the COUNTY OF SAN DIEGO, a political subdivision of the State of California, hereinafter called the County. 1VITNESSETH wiiEREAS, the intersection of Main Street and Hilltop Drive, located in the vicinity of Chula Vista, lies partly within the County and partly within the City; and LVHEREAS, the City and County desire to enter into an agreement for the construction and maintenance of a traffic signal system in this intersection; NOjV THEREFORE IT IS MUTUALLY AGREED by and between the City and County as follows: 1. The County shall prepare plans and specifications for construction of a traffic signal system at the. intersection of Main Street and Hilltop Drive in the vicinity of Chula Vista. No construction shall begin, however, until the plans and specifications for the traffic signal system have been approved by the duly authorized representative of the City and by the Director of Transportation on behalf of the County. A contract shall be let for the construction of said traffic signal system in accordance with applicable competitive bidding laws. 2. The County, prior to commencement of construction of the above traffic signal system, shall obtain the necessary excavation permits from the City required for the work to be performed in the street under the City's jurisdiction. The City shall expedite and issue the necessary excavation permits without charge to the County. , _, ~_~,,~:'~ -9~~ ~ (" 3. County shall provide and pay for all engineering, design, service, and inspection to be performed prior to and during the construction of said' project. 4. City shall reimburse the County for one-third (1/3) of the total construction cost expended by County for said traffic signal system and for one-third (1/3) of the cost to County of engineering, design, service, and inspection prior to and during construction of said project. The City's share is currently estimated to be approximately $20,000. Reimbursement pursuant to this agreement shall be made within sixty (60) days following completion and acceptance of construction. 5. The County hereby agrees to maintain, operate, and repair the entire installation including the traffic signals, lighting systems, and to pay the cost of power therefor, subject to reimbursement by the City as specified by the MASTER AGREEMENT FOR TRAFFIC SIGNAL MAINTENANCE between the City and County dated February Z, 1965, at the current adjusted flat monthly rate. 6. (a) City, its agents, officers, and employees, shall not be held liable for any claims, liabilities, penalties, fines, or for damage to any goods, properties or effects of any person whatsoever, nor for personal injuries to or death of them, or any of them, caused by or resulting from any negligent acts or omissions of County, or its agents, employees, or representatives. (b) County further agrees to indemnify, and save free and harmless City and its authorized agents, officers and employees against negligent acts or omission caused by County, its agents or employees, and any cost and expenses incurred by the respective parties on account of any claim therefor, and City agrees to indemnify and save free and harmless County and ~ti~ -2- its authorized representatives and employees against negligent acts or omissions caused by City, its agents or employees, and any cost and expenses incurred by the respective parties on account of any claim therefor. (c) It is contemplated by the parties that this indemnity agreement is not limited in any way be the extent of any policy of insurance currently in force and held by either party. 7. This agreement may be terminated at any time after the completion of construction of the traffic signal system by either party upon giving thirty (30) days prior written notice of intention to terminate. IN 1VITNESS iYHEREOF this agreement is executed by the County of San Diego pursuant to action taken by the Board of Supervisors and by the City of Chula Vista pursuant to action taken by its City Council. ~' RECOb1MENDED ~ E- Sorlie Assist'aut o tation of Tran:sp R. J . ~fASSMAN Director of Transportation CITY OF CHULA VISTA /~/ BY ,~..~ (` G MAYOR COUNTY OF SAN DIEGO Approved and/or Authorized by Board of Supervisors, County of Sza Diego By ~ 6 LfiLG'-tr,_ Asst. Clerk of tie Bolyd o1 supervisor'; ,~.r~~i y~lir-s1,q~`'~i3~ Clerk of the gourd of Superviscr ti~ t S,. APPROVED AS TO FORM AND LEGALITY -3- COUNTY COUNSEL ' t fo. 38 TUESDAY, NOVEMBER 6, 1979 RESOLUTION ON MOTION of Supervisor Bate s seconded by upervisor Eckert the following resolution is adopted; WHEREAS, the County of San Diego is installing a traffic signal system the intersection of Main Street and Hilltop Drive; and WI-IEREAS, one of the three legs of this intersection is in the City of a Vista; and WHEREAS, on August 14, 1979, the Chula Vista City Council executed proposed agreement with the County of San Diego consenting to reimburse County for 1/3 of the signal system's construction cost; and WHEREAS, execution of this proposed agreement by the County, will ble the County Department of Transportation, after construction is lete, to recover 1/3 of the signal system's construction from the City; d WHEREAS, the County's installation of this signal system and the ty's participation in the cost of this signal are in accordance with tablished Board of Supervisor's Policy J-25; and WHEREAS, maintenance, operation, repairs and electrical energy will v~ e provided by the County of San Diego and partially reimbursed by the ity in accordance with the February 2, 1965 Master Agreement with Chula sta for Traffic Signal Maintenance. ti~ No. 38 NOW THEREFORE, BE IT RESOLVED AND ORDERED that the Board approves agreement between the County of San Diego and the City of Chula Vista or Construction and Maintenance of a Traffic Signal System at the inter- ection of Main Street and Hilltop Drive, and authorizes and directs Clerk of the Board to execute said agreement for and on behalf of County of San Diego. PASSED AND ADOPTED by the Board of Supervisors of the County of San ego, State of Cal i forni a thi s 6th day of November, 1979 by the Following vote: AYES: Supervisors Hamilton, Moore, Hedgecock, Bates and Eckert NOES: Supervisors None ABSENT: Supervisors None STATEOF CALIFORNIA ) County of San Diego ) ss. PORTER D. CREMANS, Clerk of the Board of Supervisors of the County of San Diego, State of California, hereby certify that I have compared the foregoing copy with e original resolution passed and adopted by said Board, at a regular meeting there f, at the time and by the vote therein stated, which original resolution is now o file in my office; that the same contains a full, true and correct transcript theref om and of the whole thereof. ~itness my hand and the seal of said Board of Supervisors, this 6th day of No pm~r,~ 1979 PORTER D. CREMANS Clerk,.o~~ a B~oar~d of Supervisors By ~~V//ioleta T~ o~g ~SEAL)~ Deputy j APPROVED AS TO FORM AND LEGALITY V COUNTY COUNSEL a ~ l L DEPUTY