Loading...
HomeMy WebLinkAboutReso 1968-4658 RESOLUTION NOo 4658 Form.No~ 34Z Rev 8-6~- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA .AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF PUBLIC WORKS, DIVISION OF HIGHWAYS AND AUTHORIZING THE MAYOR TO EXECUTE SAME The City Council of the City of Chula Vista does hereby resolve as follows: That that certain agreement between the City of Chzala Vi.st~., a municipal corporation, and the State of California, acting by and through its Department of Public Works, Division of Highways, for the relocation of certain sewers in connection with the widening of Interstate No. 5 Freeway dated the 9th day of January , 19 68 , 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 TT 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 said City Presented by ~ Approved as to form by La e F. Cole, Director Public George Lindberg, City At ey Works ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VIS'T'A, CALIFORNIA, this 9th day of January , 19 68 , by the following vote, to-wit: A"YES : Councilmen Anderson, Sylvester, McAllister, Spar ling, McCorquodale NAYES: Councilmen None ABSENT': Councilmen None ~ f /~, Mayor of t e ty of Chu a Vista ~ ;- C._c., C -c., c C. Cdr `~ Cam- c c_ ,~~-~(} L i.~ `'`, C,~ty Clerk STATE OF CALIFORNIA ~ COUNTY OF SAN DIEGO ~ sse CITY OF CHULA VISTA I, , City Clerk of the City of Chula Vista, California, 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 repealede DATED Utility Owner FORN HR(W-39 (REV. 2.66) STATE OF CALIFORI~rIA DEPARTMENT OF PUBLIC WORSS DIVISION OF HIGHWAYS INTERSTATE NOTICE I-005-1(1010 4 149y4 SOURCE CODE NO OWNER'S FILE 11-x.03 08-bbo82 Sn.eet 1 of 5 Sheets UTILITIES AGREEMENT NO.____ 1499t~_______, Date__--January-- 9, ___196 8 ______-- FIRST PARTY State of California, acting by and through its Department of Public Works, Division of Highways, hereinafter called STATE. SECOND PARTY: .__--_____~ I 1 Y_0 F__ CH UL ~_V I ST A - -- ---------------------------------------------------------------------------------------------------- hereinafter called OWNER. Relocation is required of certain utility facilities of OWNER, cost of which is to be borne by STATE because: TY?e existing fa.cilit~.es are lavefully maintained in their present location and. qualify for relocation at STATE expense under the provisions of Section 703 of the Streets and. High?-,rays Code. I . ~JORK TO BE DONE Install, remove and/or rearrange sewer facilities to accommodate freeway construction on Road 11-SD-5 between 0.3 mile south of Palm Avenue and "E" Street in Chula Vista, as follows; BY OvuNER: Item No. 1 (Owner's dra.?rings T~TOS. 67-57L and b7-58L) . Abandon 3 manholes and 1,2g6' of 15" VCP between "K" Street (right of Engineer's Station 387+42) and. "J" Street (right of Engineer's Station 1100+55). Replace abandoned facilities with 11- manholes and. 1,56I}.' of 15" VCP connecting to existing manhole in "K" Street, easterly to Colorado Avenue and northerly to "J" Street; install 220' of 24" VCP in "J'r Street between existing facilities easterly to the above mentioned 15" VCP. Encase sewer under railroad tra_c?~s in "J" and 'fK" Streets. Item No . 2 (0?~mer' s drawing No..: 67-56L) . Remove 1 manhole in Industria_1 Avenue at Engineer's Station 11+18.20 and. install 1 manhole 13' northerly. Dist. County Rte. P. M. E. A. 11 sD 7 ~_.3-8.6 086072 ~_'~C'~ ll-SD-S-P?~i 1~.3-~.6 LTt1.11ties Agreement No. lt~gg4 Sheet 2 of ~ Sheets Item No. 3 (Otivner's drawing Too. 67-56L) . i~bandon 1 manhole left of Engineer's Stat ion J~20+35 and install 1 manhole about ~}.5' westerly outside State's Right of Jay Line . Item Teo. Z!- (Owner's dr-a~tiTing lVo. 6 7 -55L) . Aba_ndor_ 1 manhols right of Engineer's Station l~J~.0+42 and install 1 manhole about 132' left ar~d 1 manhole 265' right of center line layout. All worl> shall be performed. substantially in accordance t-with O~~INr;R'S dra~aings 6 7 -55L and. 6 7 -56L, dated august 1~., 1967 a.nd drati,.ings 67-57L anal 67-5~L da_ted July 2~i, 1g67 and. est~rnate dated. August 1l~, 1967 on file in the office of the Division of Highti~=ays, 4075 Taylor Street in San Diego, California. All relocation ti~rcrk by OI~,~VE~R shall be performed by a_ contractor whose selection wa.s made on a 107,E bid. basis with the Ou~i~ER performing all work necessary for supervision, plans, engineering and billing tiaith its oU~n forces. Minor deviations from the above described relocation may be made and incidental work performed, by the OivNER or the STATE, uThen mutually acceptable to both parties and upon approiral by t11e State Engineer. II . PAY~i~;I'dT The S~1~ATE shall pay its share of the actual cost of said relocation within b0 days after receipt of an itemized. bill in sextuple, signec'~ by a responsible oz"z"icial 01 0~~~~I~I.FR'S organization, compiled on the basis of the actua_1 cost and expense incurred. and charged. or allocated to said i~rcrk ire accordance with Ol-di~IER' S regularly established. accounting system; pro~~ided that said. accounting system is such that the cast and ex_perlse properly attributable to work covered by this Agreement can be identified. O~~a`T~~ER'S records shall be-made available to State and Federal auditors for verification of bills presented. It is understood that the said cost to the STATE shall not include any betterment ar increase in capacity of the said ObvIVR'S facilities on the new location and that the said O~~~vER shall credit the STATE for all the accrued depreciation and the value of salvage ms.teriais from the oortion o_" the facilities to be removed and relocated as herein conterriplated. ~_ ~~~ 11-SD -~ -PTUi 4.3 -8.6 Utilities Agreement TvTo. 11+91+ Sheet 3 or 5 Sheets OfiJI~TE~? agrees to ma_l~e the necessary records a:rai Table to the STATE and Federal auditors for verification of bills presented. Total consideration for rights of way acquired by OU~dNER shall not exceed X500.00 without prior approval of STATE. Such Director's Easement Deeds a.s are deemed necessary by t'rle ST/ATE ~~aill be delivered to OI~T~TER, conveying rights of way for portions of the facilities relocated under this agreement, over ava.ila.ble STATE owned property outside the limits of the free.,ray right of wa.y; however, a credit to the STATE for 0~~1rER'S share of the mar?~et value of the ease- ment to be conveyed is considered to be a part of the cost of the relocation and must be apportioned bett~Teen the parties in accordance ?tiith terms of this Agreement. It is understood that said highway is a Federal Aid highway and accordingly Policy and Procedure Memorandum 30-~. issued December 31, 1957 as amended, is hereby incorporated into this Agreement. OtivZ~TER hereby agrees to comply fu11y wi ~h all of the provisions of "Appendix A'P whim is attached and wThich is incorporated in full herein by this reference. 11-sJ -5 -P?~i 4.3 -b . 6 Utilities Agreement No. 14994 Section 4 0l 5 ,Sheets Estimated Cost to STATE $____6__4,_Z4?_~_~_9___ OWNER agrees to perform and STATE agrees to pay for the above described work in accordance with____________________________ ___the _terms__of__tnis__h~reemen.. _____ IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. i APPROVA 'ECOMME EDZ'", A c t in st. Ri hI of Way Ag , zt e, ~ ------------------ Right of lay Clearazzce Agezzt APPROVED: i !/J C. S. MACDONALD "` X!A<7pUARTERS R/W DEPT. DIYI/ION OF H16H WAY9 " ,", n FED ~ `~ ;~~ EJr~' : rm CITY _Ok, CHU'LA VISTA i ,: ' s --~~~ ~7 =~ . ~.~ Y ~ :• .a V - ____________________. ~y fE' ~ Aia yor Owner_____ STATE OF CALIFORNIA EPA NT OF PUBLIC WORKS D~ I I OF HIGHWAYS ,~~~~ District Engineer ~- .~G.~ ~ EST. ]389. 64613-500 2-66 .CM n OSP March 4, 1968 TO: Ken Campbell, City Clerk FROM: Lane F. Cole, Director of Public Works SUBJECT: Utilities Agreement No. 14994 Attached is original Utilities Agreement No. 14994 for the State Division of Highways for the modification of sewer facilities in connection with the I-5 improvements. This agreement was authorized by Resolution No. 4658 and should be maintained in your files. LFC/b Attachment ~J~i~i ~~esl1lr_~:.n~erie~t ~,To . ~ 494 :~liGEL C_' S S~'1P~-VS 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) Compliance with Regulations: The contractor will comply with 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 Regulations, Part 8, hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The contractor, with regard to the work performed by it after award and prior to completion of the contract work, will not discriminate on 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 directly or indirectly in the discrimination prohibited by Section 8.4 of the Regulations, including employment. pr etices when the con- tract covers a program set forth in Appendix A-~I of the Regulations. (3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In 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 national 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 Highway Department or the Bureau of Public Roads to be pertinent to ascertain compliance with such Regulations, orders and instructions. ~'i'here any information required-of a contractor is in the exclusive possession of another whe 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 nor 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, however, 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 States to enter into such litigation to protect the interests of the United States. t l~ ~ ~~ ~