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HomeMy WebLinkAboutReso 1978-9351,r Form No. 3~2 Rev 3/7~ RESOLUTION N0. 9351 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND COUNTY OF SAN DIEGO FOR THE IMP ROVEMENT OF ORANGE AVENUE 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 TT RESOLVED that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and the County of San Diego, for the improvement of Orange Avenue dated the 31st day of October , 19~g a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby appravedm 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 V~star Presented by Approved as to form by / ~~ ~!, ~ /jam .~~' ~~'~~ , ,. W. J. Ro ens, Director of Public George D. Lindberg, City Attorney Works ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 31st day of October 19'78 by the following vote, to-wit: AYES: Councilmen Hyde, Scott, Cox, Egdahl NAPES: Councilmen None ABSENT: Cauncilmen Gillow ',,~. ~ r7ayor of the City of Ch la Vista ATTEST _ City Clerx STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss, CITY OF C.EIULA 'VISTA] I, , City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY. that the above is a roll, true and correct copy of Resolution No. and that the same has not been amended or repealed. DA°TED_ City Clerk Please r~~~~n T~: Jennie 1`~. F~al~~, City Clerk Chula ~~~ CaE.ifc~rnia 92012 AGREEMENT FOR THE IMPROVEMENT OF PORTION OF ORANGE AVENUE THIS AGREEMENT is executed this ~Stday of October 1978, by and between the City of Chula Vista, California, a municipal corporation, hereinafter called "City", and the County of San Diego, a political subdivision of the State of California,. hereinafter called "County." WITNESSETH: WHEREAS, City and County desire to improve a portion of Orange Avenue, approximately 50% within City and approximately 50o within the unincorporated area of County, from Third Avenue to Albany Avenue, a distance of approximately 0.5 mile, hereinafter referred to as "Project"; and j~7HEREAS, Orange Avenue is designated as a Major Road on the Circulation Element of County; and ti~IHEREAS, City and County desire to proceed with Project contingent upon approval of Community Development Block Grant (CDBG) Funds to finance County's share; and WHEREAS,. City and County desire to share in the cost of Project s~.:b-ject to applicable CDBG requirements and the terms and cor_ditions hereinafter set forth; NOW THEREFORE IT IS iV1UTUALLY AGREED b_y and between City and County as follows: Section i. PURPOSE OF AGREE_n?ENT. City and County shall jointly cause to be improved that portion of Orange Avenue lying within both City limits and the unincorporated area of County from Third Avenue to Albany Avenue, a distance of approximately 0.5 mile. Section 2. SCOPE 4F PROJECT. Project shall consist generally of the acquisition of right-of-way, relocation of utilities, and construction of a 64-foot roadway including concrete curbs, gutters, and drainage improvements as necessary. Section 3. DISTRIBUTION OF WORK. The distribution of the work, and the responsibility therefore, is as follows: a. County shall make application for CDBG funding and perform such administrative procedures as may be necessary to secure approval of County portion of Project under said CDBG program. ~;~~ b. County will pzepare construction plans and specifications, acquire all right-of-way, advertise, and award a contract for the construction of Project in accordance with the applicable competitive bidding laws. c. County shall be the lead agency for the. preparation and processing of environmental documents, as appropriate, in accordance with any CDBG requirements, and as required by Division 13 (commencing with Section 21000) of the Public Resources Code (California Environmental Quality Act) and applicable State EIR Guidelines, or subsequent pertinent State requirements relating to environmental quality control. d. County will provide all inspection of and contract management services for Project. e. County will perform all material engineering and testing necessary to determine a suitable structural section and will perform control testing during the construction of Project. f. City will reimburse County for City`s share of cost of Project in accordance with Sections 7 through 11 of this Agreement. Section ~. APPROVAL OF COl`.TRACT DOCUvlFNTS. No contract for Project shall be advertised for bids until the contract documents for Project have been approved by the City Engineer on behalf of City and by the Director of Transportation on behalf of County. Section 5. PER1`~IITS. County, prior to the commencement of construction of Project, shall obtain any necessary permits from City required for the work to be performed within City's jurisdiction. City shall expedite and issue the necessary permits without charge to County. Section 6. AWARD OF CONTRACT. After bids for Project have been received and opened by County and prior to the award of contract for said Project by County, County will notify City of the lowest responsible bid and request its approval to award the contract. If either County or City does not wish to award the contract based upon bids received, County will reject all bids, and will call for new bids based either on existing or revised contract documents. After receipt and opening of any such new bids, County will again ~~~1 notify City of the lowest responsible bid and request its approval before awarding a contract. Section 7. SHARING OF COSTS. As used in this Agreement, "total Project costs" shall include costs of preliminary engineering, including environmental analysis, right-of-way expenditures for labor and land acquisition, utility relocation, con- struction, construction engineering and any other costs necessary to accomplish Project. City and County shall share total Project costs on a 50-50 basis, even if a contract is not ultimately awarded. Section 8. MAXIMUM EXPENDITURES. This Agreement shall bind County to a maximum expenditure of $300,000 in CDBG funds and City to a maximum expenditure of $300,000 ($142,000 CDBG and $158,000 in Revenue Sharing and Gas Tax Funds). Section 9. INITIAL COSTS TO BE BORP7E BY COUNTY. In order that County may fulfill its commitment to the Department of Housing and Urban Development (HUD) to expend County CDBG funds in a timely manner, the initial costs of Project, not to exceed $300,000 shall be borne by County. The initial Project costs will consist generally of preliminary engineering, including environmental analysis, right-of-way expenditures for labor and land acquisition., and utility relocation. Section 10. PriYr?ENT Or COSTS BY CITY. City shall deposit with Cour_ty, within 30 days of receipt of invoice, City's share of Project costs. Such invoice shall not exceed 500 of total estimated Projec t costs, or $300,000, as of the date of invoice. After completion of Project, total Project costs shall be calculated. a. In the event City's actual share of total Project costs is less than said deposit, County will refund the difference between City's actual share and the amount of the deposit by City. ~~' b. In the event City's actual Project costs exceeds said will pay the difference be of said deposit and City`s the costs, not to exceed a by City of $300,000. share of total deposit, City tcaeen the amount actual share of total payment Section 11. CITY GRArdT FUND REQUIREMENTS. In the event City finances its share of Project with State or Federal grant funds, County shall include appropriate State or Federal requirements in the contract documents and County shall be the responsible agency for administration of the requirements of the grant program. City shall notify County in writing of any such requirements at or before the time of its approval of the contract documents- . pursuant to Section 4 of this Agreement. Section 12. INDEMNIFICATION. a. City agrees, pursuant to Section 895.4 of the Government Code, to indemnify and hold harmless County, its employees, agents., and officers, against any and all claims, demands, or causes of action allegedly arising out of any negligent act or omission of any officer, agent, or employee of City. b. County agrees, pursuant to Section 895.4 of the Government Code, to indemnify and hold harmless City, its employees, agents, and officers, against any and all claims, demands, or causes of actions allegedly arising out of any negligent act or omission of any officer, agent, or employee of County. Section 13. REPRESENTATIVES OF PARTIES. County's Director of Trar_sp~rtation, or his designated representative, shall administer this Agreement on behalf of County. City' 5 Pukilic Works Director, or his designated representative, shall administer this Agreement on behalf of City.. Section 14. TERi~IIiy'ATION. This Agreement may be terminated by either party after giving 180 days written notice to the other party. In the event of any such termination, Project costs will be shared or. a 50:50 basis subject to the maximum limitation specified in Section 7 of this Agreement. Section 15. AMENDMENT. This Agreement may-not be modified, amended, or~otherwise changed unless by an amendment in writing executed by the parties hereto. ~=~ ~~ IN WITNESS WHEREOF, the parties have caused this Agreerient to be executed on the date first-above written. RECOP1IMENDED H. E. .Sorlie lssistant Director r ` ~ ~,~ of Transportation R. J. MASSMAN, Director of Transportation (County) APPROVED AS TO FOR}yI AND LEGALITY DONALD L. CLARK, County Counsel By : r - ~r . ~.-r-,-~.~- r 7--n ~ 7 g APPROVED AS TO FORi'~1 AND LEGALITY /"~~j 1 ~~ City Attorney COUNTY F SAN DIEGO: Clerk of the Board of Supervlsor~ CITY OF CHULA VISTA: $y 1 ~' ~~~ Approved by the Board of Supervisors of the County of San ,Diego JAN 2 1979 -~ ~~ ~~~~ ~~~ti~~/ Clerk of the Board of Supervisors ~'~ ~~ No. 41 TUESDAY, JANUARY 2, 1979 RESOLUTION ON MOTION of Supervisor Hamilton seconded by Supervisor HedgeCOCk the following resolution is adopted: WHEREAS, there is presented to the Board a letter from the Department of Transportation transmitting and recommending approval of an agreement between the County of San Diego and the City of Chula Vista; and WHEREAS, this agreement will result in the improvement of Orange Avenue, a distance of approximately 0.5 mile; and -i WHEREAS, the County's $300,000 share of the project's cost is currently budgeted in the Fiscal Year 1978-79 Budget; and .WHEREAS, this project was previously approved by your Board as part of this Department's Fiscal Year 1978-79 Detailed Work Program Budget Plat 1B1; NOW THEREFORE BE IT RESOLVED AND ORDERED that the Board approves the execution of this Agreement in accordance with the Environmental Review Board's recommended finding on December 22, 1977 of a negative declaration. PASSED AND ADOPTED by the Board of Supervisors of the County of San Diego, State of California, this 2nd day of January, 1978 by the following vote: AYES: Supervisors Hamilton, Moore, Hedgecock and Bates NOES: Supervisors None ABSENT: Supervisor Taylor. STATE OF CALIFORNIA ) ss. County of San Diego ) I, 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 the original resolution passed and adopted by said Board, at a regular meeting thereof, at the time and by the vote therein stated, which original resolution is now on file in my office; that the same contains a full, true and correct transcript therefrom and of the whole thereof. Witness my hand and the seal of said Board of Supervisors, this 2nd day of January, 1979 PORTER D. CREMANS Clerk of the Board of Supervisors (SEAL) By Delia 0. Foley Deputy n ~ <- ~ /, r' ' /~-~/'J ~ ~