HomeMy WebLinkAboutReso 1977-8888RESOLUTION NO. 8888
RESOLUTION OF THE CITY COUNCIL OF~~T~iE"-CITY OF CHULA
VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND THE COUNTY OF SAN DIEGO FOR CONSTRUCTION
OF A TRAFFIC SIGNAL AT ORANGE AVENUE AND HILLTOP
DRIVE
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 agreement
between THE CITY OF CHULA VISTA, a municipal corporation, and
THE COUNTY OF SAN DIEGO, for construction of a traffic signal at
Orange Avenue and Hilltop Drive
dated the 15th day of November 19 77 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 ..~ a _
,~f!,~.r a .y'. . ... i~ ~
W. J. Robens, Director of Public
Works
Councilmen :None
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA
VISTA, CALIFORNIA, this 15th day of Nc,vember 19 77 by
AYES: Councilmen Scott, E~da}il, Hobel~ Cox Hyde
NAYES:
ABSENT:
Councilmen None
Approved as to form by
George D. Lindberg, City Attorney
-~ l ,
City of
~ ~ _ Mayor o
ATTEST ~ `~ GZ2C-~' Ll , ~~~,,G,~ ~°~'
~, putyCity Clerk
STATE`"OF CALIFORNIA)
COUNTY OF SAN DIEGO) ss.
CITY OF CHULA VISTA)
of Chula
true and
not been
uZd Vista
I~ City Clerk of
Vista, California, DO HEREBY CERTIFY that the above
correct copy of Resolution No. and that the
amended or repealed. DATED
the City
is a full,
same has
City Clerk
AGREE~~iENT
FOR CUNSTFUCTIO'~t Al1'D ~iAIP1TENANCE
OF A TRAFFIC SIGNAL
AT ORANGE AVENUE t±ND f-IILLTOP DRIVE.
This agreement executed this da.y of
1977, by
and between the CITY OF CHULA VISTA, a municipal. corporation, hereinafter
called the City, and the COUNTY OF SAN DIEGO, apolitical subdivision of
the State of California, hereinafter called the County.
~~ ITNESSE'I'fi
WHEREAS, the intersection of Or°an~e Avenue ar.d Hi.J.ltop Drive, loca.t~~d
in the vicinity of Chula ''vista, lies partly within the County .and partly
within the City; and
WHEREAS, the City and County desire to enter into a joint powers
agreement for the construction and n:air_tenance of a traffic signal system
ir., this intersection.; 1lTO~+T ~i'=!~EREFORE
IT IS ~~UTUALLY Ai7REED by and bet~~~een the City and County as :follows;:
1. The City shall prepare plans a.nd specifications f_or constrtzct:ion
of a traffic signal system at the intersection of Orange Avenue and Hill-
top Drive in the vicinity of Chula Vista. No construction shall begin:,
rowever, until the plans and specifi~oations for the traffic signal, s;yste;r~
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 accor-
dance with applicable competitive bidding laws.
2. The City, prior to commencement of construction of .the above
traffic signal system, shall obtain the necessary excavation permits fror?t
the County required for the work to be performed in the street under the
;,, ,
~ ~..~;
~a
,~
r ~^
~'''~ - ~~. a ..
County's jurisdiction. The County shall expedite and issuer the necessary
excavatior. permits without charge to the City.
3. City shall provide and pay for all engineering, design, service,
and inspection to be performed prior to and during the construction of
said project .
4. County shall reimburse the City far one-quarter (25ry~) of the total
construction cost expended by City for said traffic signal system and for
one-quarter (?50) of the cost to City of engineering, design, service,
and inspection prior. to and during construction of said project. The
County's share is currently estimated to be approximately $11.,000.
Reimbursement pursuant to this agreement shall be made within sixty (60)
day's following completion and acceptance of construction..
5. The City hereby agrees to maintain, operate, and repair the entire
installation including the traffic signals, lighting systems, and advance
warning system, and to pay the cost of power therefor, subject to reim-
bursement by the County as specified by the MASTER AGREEMENT FOR TRAFFIC
SIGNAL MAINTENANCE between the City and County dated February 2, 1965, at
the current adjusted flat monthy rate.
6. 'The County shall not participate in nor contribute funds to ~t,he
City toward the construction contract for the project unless the construc~t:~:~
contract includes provisions substantially similar to the County Affirmative
Actiar_ Program adopted_ by the Board of Supervisors, including all current
a.r_rmendments , on file with the Clerk of the Board of Supervisors .
7. (a) City, its agents, officers, and. employees, shall not be held.
liable for any claims , liabilities , penalties , fines , or for damage to a.ny
goads, properties or effects of any person whatsoever, nor for personal.
ir,.juries to or death of them, or any of them, caused by or resulting from
a.ny negligent acts or omissions of County, or its agents, employees, or
-2-
f
representatives, not including liability by reason. of acts or omissions
caused by County, its agents or employees.
(b) County further- agrees to indemnify, and save free and harmless
City and its authorized agents, officers and employees against negligent
acts or omissions 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 its authorized representatives and employees against negligent acts
or omissions caused by City, its agents or employees, and any cost and
expense incurred by the respective parties on account of any claim there-
for.
(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 curr--
ently in force and held by either party.
8. This agreement may be terminated ai; 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 ~4ITNESS `VHEREOF this agreement is executed by the County of San
Diego pursuant to action taken by the Board of Supervisors ar~d by the City
of Chula Vista pursuant to action taken by its City Council.
RE CO?rINIEiZDED
CITY OF Ci-ILTLA VISTA
_ B,y
R . J . P.IASSP,'A?~T
Director of Transportation COUNTY OF SAN DILGO
By
-3-