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HomeMy WebLinkAboutReso 1978-9102Form No. 342 Rev. 2/76: RESOLUTION NO". 9 i02 SOLUTION OF THE' CITY" COUNCIL° OF'L`~'C~Y OF CHULA V STA, APPROVING AGREEMENT BhTWEEN THE CITY OF CHULA V STA AND, THE STATE OF CALIFORNIA, CALTRANS, TO SUPPLY P ANT MATERIALS FOR INSTALLATION ALONG I-805 BETWEEN '" STREET AND BONITA-ROAD D AUTHORIZING THE MAYOR TO 'EXE`CUTE SAID AGREEMENT T~e City Council of the City of Chula Vista does hereby reso ve as ollows: N W, THEREFORE, BE IT RESOLVED that that certain agr¢ement bet en THE CITY OF CHULA VISTA, a municipal corporation, and THE TATE 0 CALIFORNIA, CALTRANS, to supply plant materials for inst llatio along I-805 between "H" Street and Bonita Road date the th day of MaY , 1978 a copy of whic is at ached hereto and incorporated hereinT , the same as though full set f rth herein be, and the same is hereby approved. Vist afire fpr and on behalf of the City of Chula Vista. biy Approved as to form by --_ H IT FURTHER RESOLVED that the Mayor of the City of Chula aid he is hereby authorized and directed to execute said be, ent :~res~nted s "-~ ~ ~ W. J. Ftoben~, Director of Public Work George D. Lindberg, City Attorney ApOPTED AND APPROVED by the CITY COUNCIL of the CITY OF, CHULA VIST , CALIFORNIA, this 9th day of May , 1978 , by AYES: Councilmen Scott, Hobel, Cox, Hyde NAYS Councilmen None ARSE T: Co ncilmen Egdahl ~` Mayor of t e City of C la Vista ATTE Y S`!'AT OF CA IFORNIA) COUN OF S DIEGO) ss. CITY OF CHU A VISTA) I,, , City Clerk of the City of C ula Vissta, California, DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. , and that the same has not een amanded or repealed. DATED City C er C.+t~ '"~~ ,.. 11-SD-805 ''~~ 6.9-8.0 Agree. No. 11-0217 Doc. No. Landscaping on Interstate Route 805 between 0.3 mile So. of H St. O.C. and 0.3 mile north of Bonita Rd. U.C. TH S ACRE MENT IS HEREBY MADE AN ENTE ED INTO THIS $th - DA OF - ay 19~ BY AND BE WEEN The CITY OF CHULA VISTA, a body politic and a municipal corporation of the State of California, hereinafter referred to as "CITY" AN: The STATE OF CALIFORNIA, acting by and through its Business and Transportation Agency, Department of Trans- portation, hereinafter referred to as "STATE" W- I T-.N-.E--S--S E- T--H: of of -gree. Di; /21/78-m ` 4102 ~~,.,, . Will ll Boni TATE contemplates the landscaping of a portion of Interstate Route 805 elude portions lying within the County of San Diego and within the City :a between 0.3 mile south of "H" Street Overcrossing and 0.3 mile north ~ Road Undercrossing, and AS, CITY has indicated that it is willing to furnish approximately 1390 trees, and shrub ground cover plants to STATE at no cost, and Ref 19 -2- WH REAS, STATE is agreeable to install said plant materials and to provide an irri a±ion system for the planting at no cost to CITY, and I WH REAS, TATE and CITY' will mutually benefit from the aforesaid landscaping and des re to s ecify herein the terms and conditions under which the work may be acc~mpl.ishec~, and to arrange for maintenance of the plantings. NOS THEREFORE, IT IS AGREED AS FOLLOWS: ~ SECTION- I ST TE AGR ES: 1. To pr pare plans, specifications and estimate (PSbcE) for installation of CITY fur fished plant materials within the hereinbefore described limits on Interstate Route 805 STATI~ will review said PSdcE with CITY at key points of plan development. 2. To be r the entire expense of preparation of plans and specifications, construction errg'neering osts (including all direct and indirect costs (functional and administrative ov head assessment) attributable to such work, applied in accordance with STATE'S sta dard accounting procedures) and construction costs required to complete the planting pro ect as reed to herein. 3. To ca se construction of said planting project through construction by contract wit a const uction contractor licensed by the State of California said contract to be 5, Pl 4. the q 102 ied out it accordance with provisions of the State Contract Act, Chapter 3, Part Division 3 Title 2 of the Government Code, and work completed in conformity with s and sp cifications of STATE. fio ac ept responsibility for care and maintenance of all planting and irrigation ems instilled ur.;der STATE'S contract. Said care and maintenance shall include cost of furnishing all water for irrigation purposes. -3- 5. To provide CITY with at least 5 days advance notice prior to the date that pl t mater als are to be made available to STATE'S contractor. 6. In n event shall STATE'S total obligation for construction cost under. this A Bement exceed the amount of $27,500.00; provided that STATE may, at its sole dis retion, Y~ereafter in writing authorize a greater amount. SECTION- II CI Y , AGR ES 1. To f rnish approximately 1,390 trees, shrubs, and shrub ground cover plants to ST TE, at no cost to STATE. Said plant materials shall all be drought tolerant va ieties acceptable to STATE. 2. To provide evidence satisfactory to STATE, upon request and following STATE'S ad ertiseme~t of the project and within 30 days of notice by STATE thereof, that the of resaid pI nt materials will be available to STATE as necessary for prosecution of ST TE'S co tract. 3. That he aforesaid plant materials shall be made available at the following sites: (a) Nelson's Pine Patch Nursery, 4301 Lynwood Drive, Chula Vista, CA 92010; (b) So thwester~ College Agricultural Unit, 900 Otay Lakes Road, Chula Vista, CA 92010. C Y will maintain and be responsible for the health of said plant materials at the of resaid si~e until STATE'S contractor has taken delivery of all plants. CITY will re lace any plants found by STATE to be in an unsatisfactory state of health prior to sa' deliver. 4. That ~f unforeaeen circumstances occur which delay or prevent CITY from making i all or any art of the trees, shrubs, and shrub ground cover available to STATE as pr vided for in the foregoing Articles 1, 2 and 3 of this SECTION, CITY agrees that ST TE sham, have the option of acquiring said plant materials from commercial nursery so rtes to the extent necessary to meet STATE'S contractural obligations. CITY will reimburse STATE for said plant material for the actual cost to STATE, but in no event ~~7 -1~- arr said reimbursement exceed an individual plant value of $5.00 or an aggregate of 2,500.00. SECTION III IT iVIUTU- LLY- UNDERSTOOD AND--A-GREED: 1. That bligations of STATE under terms of this Agreement are subject to the all cation of funds by the California Transportation Commission. 2. That either STATE nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be don by* CIT under or in connection with any work, authority or jurisdiction delegated to ITY and r this Agreement. It is also understood and agreed that, pursuant to Go ernment ode Section 895.4, CITY shall fully indemnify and hold STATE harmless fro any lia~ ility imposed for injury (as defined by Government Code Section 810.8) I sec rring by reason of anything done or omitted to be done by STATE under or in eon ection ith any work, authority or jurisdiction delegated to CITY under this Agr ement.i 3. dat ST. to Go' fro 4. of ? ~ n'7 That neither CPI'Y nor any officer or employee thereof, is responsible for any ~.ge or liability occurring by reason of anything done or omitted to be done by 'E unde or in connection with any work, authority or jurisdiction not delegated ITY under this Agreement. It is also understood and agreed that, pursuant to rnment I ode Section 895.4, STATE shall fully indemnify and hold CITY harmless any lia~ility imposed for injury (as defined by Government Code Section 810.8) ring by reason of anything done or omitted to be done by STATE under or in ;coon i~.h any work, authority or jurisdiction not delegated to CITY under this went. That this Agreement can be modified, altered or revised with the written consent parties hereto. -5- That, should any portion of the project be financed with Federal Funds or State s Tax Fu ds, all applicable procedures and policies relating to the use of such funds !11 apply otwithstanding other provisions of this Agreement. 5. WITNESS dVHEREOF, the parties hereto have caused this Agreement to be executed their respective officers, duly authorized, the provisions of which Agreement are active as of the day, month and year first hereinabove written. IN by ST~TE OF CALIFORNIA De artment of Transportation CITY OF CHULA VISTA Gi turco of~Transportation By ...._ . _.. ~.. ..... .. -- aco erna istric irector of Transportation By __. _. ayor Atte ~-_.,_ ~~/ .~~ i y er ~ ~ n?