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Home My WebLink AboutReso 1972-6438Form No. 342 Rev. 9-71 RESOLUTION N0. 6438 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE STATE OF CALIFORNIA FOR RELOCATION OF SEWER FACILITIES (UTILITIES AGREEMENT NO. 15179-A) 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 STATE OF CALIFORNIA, for relocation of sewer facilities, - Utilities Agreement No. 15179-A, dated the 23rd day of MaY ~ 19 72, 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 Approved as to form by ~a i' L~ Lane F. Col Director .Public George D. Lindberg, City Attorney Works ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 23rd day of May 1972 by the following vote, to-wit: AYES : Councilmen Egdahl, Scott, Hobel, Hamilton, Hyde NAYES : Councilmen None ABSENT: Councilmen None ATTF STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, City Clerk of the City of Chula Vista,-Ca form a, DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed. DATED City Clerk Owner ±~,v~e,-~ ~~s 6 q3~ S~~3~~'~ . ~ FORM HR/W-39 (rtev. 2-se> STATE OF CALIFORNIA DEPARTMENT OF PUBLIC WORgS DIVISION OF HIGHWAYS Dist. County I Rte. P. M. E. A. 11 SD ~ 805 6.4-8.8 110112 INTERSTATE-I-805-1_(98) ____ _ SOURCE CODE NO._ 1 1 -440`r NOTICE NO•----~ 51 79-- A--------- --- OWNER'S I.1I,E NO.---------------- ---- -- ----- Sheet 1 of 4 Sheets UTILITIES AGREEMENT NO.___15179-A____. Date__-- June-- 26~--197 2 ___-____- FIRST PARTY: State of California, acting by and through its Department of Public Works, Division of Highways, hereinafter called STATE. SECOND PARTY: _CITY_OF--CHULA VISTA ------------------------------ hereinafter called OWNER. Relocation is required of certain utility facilities of OWNER, cost of which is to be borne by STATE because: The existing facilities are lawfully maintained in their present location and qualify for relocation at STATE expense under the provisions of Section 703 of the Streets and Highways Code. I. WORK TO BE DONE: Install, remove and/or rearrange sewer facilities to accommodate freeway construction on Road 11-SD-805 between Telegraph Canyon Road and 0.2 mile south of Sweetwater Road as follows: BY STATE: Remove existing manhole and 55 feet of 8 inch VCP sewer main left of Engineer's Station 392+00 "A"; replace with 56 feet of 8 inch VCP sewer main encased and construct one manhole outside State's southerly right of way line. STATE agrees to perform said work in accordance with the plans and specifications for improvement of Road 11-SD-805 between Telegraph Canyon Road and 0.2 mile south of Sweetwater Road on file in the office of the Division of Highways 4075 Taylor Street in San Diego California. All work shall be performed substantially in accordance with OWNER'S drawings No. 71-138-D dated December 6, 1971 and estimate dated December 2~ 1971 on file in the office of the Division of Highways, 407 5 Taylor Street in San Diego California. -~--- ~ _ .r -l~'' ~~ ~'`~ " ~ ~ -sD-8o5, 6.~-=8.8 Utility Agreement No. 15179-A Sheet 2 of ~+ Sheets The STATE agrees to perform its portion of said relocation work as a part of the State Highway contract in accordance with plans and specifications furnished by the OWNER. The OWNER shall perform all work necessary for preparation of plans and will bill the STATE for the engineering costs incurred. Minor deviations from the above described relocation may be made and incidental work performed by the OWNER or the STATE, when mutually acceptable to both parties and upon approval of the State Engineer. II. PAYMENT: The STATE shall perform the work under Section I above at no expense to OWNER except as hereinafter provided. It is understood that the said cost to the STATE shall not include any betterment or increase in capacity of the said OWNER'S facilities on the new location and that the said OWNER shall credit the STATE for all the accrued depreciation and the value of salvage materials from the portion cf' the facilities to be removed and relocated as herein contemplated. OWNER agrees to make the necessary records available to the STATE and Federal auditors for verification of bills presented. Total consideration for rights of way acquired by OWNER shall not exceed $500.00 without prior approval of STATE. It is understood that said highway is a Federal aid highway and accordingly Policy and Procedure Memorandum 30-4 is hereby incorporated into this Agreement. OWNER hereby agrees to comply fully with all of the provisions of "Appendix A" which is attached and which is incorporated in full herein by this ref erence. "Appendix A" will be applicable in Utilities Agreements only in those cases where the OWNER does not perform the relocation work with its own forces. III. OWNERSHIP: Upon completion of the work to be done by STATE in accordance with the above mentioned plans and specifications, the new facilities shall become the property of OWNER, and OWNER shall have the same rights in the new location that it had in the old location. ~----~ 11-SD-805, 6.4-8.8 ' Utility Agreement No. 15179-A Sheet 3 of 4 Sheets (Construction W.O. ) $2,962.00 (Right of Way E.A. 110112) $ 300.00 Estimated Cost to STATE $ X262.00 __ OWNER agrees to perform and STATE agrees to pap for the above described work in accordance with-- __ _the terms of_this Ag~eement_ _ _________ IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. CITY F CHUhA_ IST 1 ~_. y - ------------------- -------------------- By - STATE OF CALIFORNIA EPARTMENT OF PUBLiC WORSE DIV;6'PQN OF HIGH~7AY$ Engineer EJF:pl EST. 2.99. 19872-500 4-68 tOM ~ OAP ~ ~ ; ,~;~ ~~, f ~ ~i APPROVE,/D: ~~ C. 8. MACDONALD ` NtADQUARTERS R/W DEPT. pY1f10M OP MIaMWAYs "' i`~~~ ~ ~ -sD-8o5, 6.4-8.8 Utilityy Agreement No. 15179-A Sheet 4 of 4 Sheets ~ - APPENDIX A During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contrac- tor"), agrees as follows: (1) (Jompliance with Regulations: The contractor will comply kith the Regulations of the Department of Commerce relative to nondiscrimina- tion in federally-assisted programs of the Department of Commerce (Title 15, Code of Federal Regulationti, Part 8, hereinafter referred to as the Regulations), ~~•hich are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The contractor, with regard to the n•ork performed by it after a~~•ard and prior to completion of the eontrxet work, will not discriminate nn the ground of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate either direct)}• or indirectly in the discrimination prohibited bq Section 8.4 of the Regulations, including employment pr$$e~tices when the con- tract covers a program set forth in Appendix A•I3 of the Regulations. (3) Solicitations for Subcontracts, Including Procurements of >dlsaGerials and Equipment: Tn all solicitations either by competitive bidding or negoti- ation made by the contractor for work to be performed under a sub- contract, including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, color or a8tional origin. - (4) Information and Reports: The contractor will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as mAy be determined by the State Highn•ay Department or the Bureau of Public Roads to be pertinent to ascertain compliance with such Regulations, orders and instructions. ~t'here any information required-of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the State Highway Department, or the Bureau of Public Roads as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the contractor's noncom• pliance with the nondiscrimination provisions of this contract, the State Highway Department shall impose such contract sanctions as it or the Bureau of Public Roads may determine to be appropriate, including, but not limited to, (a) withholding of payments to the contractor under the contract until the contractor complies, and/or (b) cancellation, termination or suspension of the contract, in whole or in part. (8) Incorporation of Provisions: The contractor will include the provisions of paragraph (1) through (6) in every subcontract, including procure- ments of materials and leases of equipment, unless exempt by the Regu- lations, order, or instructions issued pursuant thereto. The contractor will take such action with respect to any subcontract or procurement as the State Highway Department or the Bureau of Public Roads may direct as a means of enforcing such provisions including sanctions for noncompliance : Provided, ho~vev~er, that, in the event a contractor be- comes involved in, or is threatened with, litigation with a subcontractor .or supplier as a result of such direction, the contractor may request the State to enter into such litigation to protect the interests of the State, and, in addition, the contractor may request the United Staten to enter into such litigation to protect the interests of the United States. ~7 . ~,' '7 ~ ~,