HomeMy WebLinkAboutReso 1968-4696Foam No~ 342
Rev- 8-67
RESOLUTION N0~ 4696
RES~?LUTION OF THE CITY COUNCIL OF THE CITY OF' CHULA VISTA
A'PPROVIN~; AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
THE STATE OF CALIFORNIA DIVISION OF HIGHWAYS, PROVIDING FOR THE
RELOCATION OF EXISTING SEWER FACILITIES ALONG F.A.I. 805 FREEWAY
AND AUTHORIZING THE MAYOR TO EXECUTE SAME
The City Council of the City of Chula Vista does hereby
resolve a.s follows:
That that certain agreement between the City of Chula Vista,
a manicipal_ corporation, and the State of California Division of High-
ways, providing for the relocation of existing sewer facilities in
Bonita Mesa Road, in connection with the construction of the F.A.I.
805 Freeway,
dated the day of , 19 , 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 LI' FURTHER RESOLVED that the Mayor of the City of Chula
Vista be, and he is hereby authorized and directed to execute said
agreement for anal on behalf of said City-
Presented by Approved as to form by
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Lane F. Cole, Director of Public George D Lindberg, City At ey
Works
AD~OP'TED AND APPROVED by the CITY COIINa3IL of the C~LTY OF CHULA
ViST'A~ CAI_Ik~ORNIAF this 20th day of February l9 68 by the
following vote, to-wit:
AYES: Councilmen` McAllister, Sparling, McCorquodale, Anderson, Sylvester
NAYES : Coun i lmen None
ABSEN`P: Councilmen None
AT'TES'T
STATE OF CALIFORNIA i
COUNTY OF SAN DIEGO ss~
CITY OF CHULA VISTA
Y, City Clerk o" the City of Chula
Vista, CaliforniaF 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amended or repealed:.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 Cler
rail=tar O~Janer
FORM HR/W-39 (REV. 2.66)
STATE OF CALIFORNIA
DEPARTMENT OF PUBLIC WORSS
DIVISION OF HIGF3WAYS
Dist. County Rte. P. M. E. A.
11 SD 805 5.~}-9.5 110112
INTERSTATE-----~--$~~--l~ ~~1 ~-+ ----------------------
NOTICE NO.-----1-~ ~-~ 9----------------------------------------
SOURCE CODE NO._________l l -L}.0 3
OWNER'S FILE NO._________~_8_'__-6 X1033
Sheet 1 of Z} Sheets
UTILITIES AGREEII)iENT N4.____15170 .
February 20, 1968
Date--------------------- --- - --
FIRST PARTY: State of California, acting by and through its Department of Public Works, Division of Highways,
hereinafter called STATE.
SECOND PARTY: .___Cl~,~___QF__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 1a.wfully rriaintained iri their present
location and qualify for relocation at STATE expense under the pro:~isions
of Section 703 of the Streets and Highways Code.
1 . TvJORK TO BE DONE
Tnsta_11, remove and/or rearrange sewer facilities to accommodate
freeway construction on Road 11-SD-805-PNl 6.4-9.5 between 2.5 miles
south of Route 54 and 0.6 mile north of Route 54, as follotirs :
BY 0 JJNER
Abandon 2 manholes 10' left and 265' right of Engineer's Station
ZI-38+75; replace with 2 manholes 185' left and 260' right . Encase
758' of 8" sewer 310' left and x.18' right of Engineer's Station 438+75.
All work shall be perr'ormed substantially in accordance ~~tiTith
O'rJNER'S dratiring No. 67-45L dated July 5, 1967 as emended, and estimate
dated August 3, 1967 on file in the office of the Di~Tision of Highways,
4075 Taylor Street in San Diego, C~+lifornia.
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11-SD-805-PM 6 .L~.-9.5
Utilities Agreement INTO. 151 (9
Sheet 2 of 1.4. Sheets
OWI~TER agrees to cause the herein described work to be performed
by a contract with the lo~aest qualified bidder, selected pursuant
to a valid competitive bidding procedure, and to furnish or cause to
be furnished all necessary labor, materials, tools, 2nd equipment
required therefor, and to prosecute said worl~ diligently to completion.
The OWNER ~~~ill perform all work necessary for superTrision, plans,
engineering and billing with its o~ain. forces .
Minor deviations frorr~ the above described relocation may be made
and incidental work performed by the 0~+~iTER or the STATE, when mutually
acceptable to both parties and upon approval by the State Engineer.
I I . PAYI4TENT
The STATE shall pay its share of the actual cost of said relocation
within 6U days after receipt of an itemized bill in sextuple, signed
by a. responsible o~"ficial of Ot~NER'S organization, compiled on the
basis of the actual cost and expense incurred and charged or allocated
to said work in accordance with OWNER'S regularly established accounting
system; provided that said accounting system is such that the cost
and expense properly attributable to work covered by this Agreement
can be identified. OWNER'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 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 of 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 X500.00 without prior approval of STATE.
Such Director's Easement Deeds as are deemed necessary by the STATE
will be delivered to Oti~T~TER, conveying rights of ~=ay for portions of
the facilities relocated under this agreement, over available STATE
oUrned property outside the limits of the freeway right of way; hoUrever,
a credit to the STATE f or OWNER'S share of the market value of the
easement to be conveyed is considered to be a part of the cost of the
relocation and must be apportioned between the parties in accardance
,,rith terms of this Agreement .
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jJL1~.iviG~ 1`=i,.~~1'f;8~118i~L IvO. 1~1(O
uheet 4. cam' li S~zc-ems
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.
(~) 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 dices 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 tvhe 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 infortation.
(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 twill 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 L'~nited States to enter
into such litigation to protect the interests of the United States. ,
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