Loading...
HomeMy WebLinkAboutAgenda Statement 1972/05/23 Item 08C.i.t~ A~.tunrl~y: .P.L'e<<.Se j~ne_ran~. .~Lte -tece~han~ (ltebaCu~t~or~) arc (c~~r;(~rrr!rt~~~~.) ~. St=aff Conuncntary on I~clcnda Item I~lo.`~ CHULA VISTA CI`T'Y COUNCIL >`IL;L'TI?~C 01~ May 23 , 1972 T:ter;1 `t'itle: Resoli.ition Approving Utilities Agreement No. 15179-A with State of C~~1if:ornia for Relocation of_ Sewer F'aci'lities Initiated by :llirector of Public P1o.rlcs; City Fnc;:i. neer ~..~ Attached is a copy of Resolution [x] Ordinance [ ] regiment [ ] Plat [ ] Background: The >1 Rancho del Rey development will ultimately necessitate construction of a trunk sewer paralleling I-805 between "H" Street and the Spring Valley Outfa.ll Trunk Sewer north of Bonita Road. Such sewer will provide gravity service to Rice Canyon and its tributaries between I-805 and Otay Lakes Road. The trunk will additionally serve certain minor areas west of I-805 in the vicinity of Hilltop High School. In March of 1963, the City installed an 8" plugged sewer across the freeway right of way in the vicinity of the future "H" Street interchange. This installation, in advance of actual need, was necessary to assure ultimate gravity service to those properties west of the freeway. The State has, subsequent to that time, modified the right of way require- ment for the freeway construction. Consequently, it is necessary that the existing sewer facilities be modified. Utilities Agreement No. 15179-A provides the following. 1. Stag will reconstruct approximately 56 feet of_ existing sewer and construct one manhole. Cost of the work includinu engineering will be borne by the State. 2. City will prepare the necessa.r_y plans at State expense. 3. City will credit to the State accrued depreciation and value of salvage materials. 4. The new.f_acilities shall become the property of the City. See FXIIIBITS [x] No. 1-2 Financial Statement: Depreciation and salvage value credit will be deducted from City billing to State for plan preparation. No cash outlay Commission-Bo .icipated. Recommondati_on: Not applicable. Department Head Recommend~~t~_on Reconuner_ds approval. City Manager Rer_onutrendat on : Concur A~ 113 (Sc~.rtd t~-1e ccpc/ .i;t~: Admi.r~.<.3,tnaZ-~a~t; C.i~t~ C~e~ih; C,~~y A~ttannerl; ~e.r.t, ,~/.,r/s C~..~y A.ttanney: P~ea:Se l~nepan.e- the neee,~aany (neea2u-tan) an (cn.d~~tanee): Staff Commentary on Agenda Item No. CH.r'LA V]:STA CITY COUNCIL MFI,TI?QG OF May 23, 1972 Item Title: Resolution Approving Utilities Agreement No. 15179-A with State of California for Relocation of Sewer Facilities Initiated by:Director of Public Works/City Engineer Attached is a copy of Resolution [ ] Ordinance [ ] reement [ ] Plat [ ] Background: The El Rancho del Rey development will ultimately necessitate construction of a trunk sewer paralleling I-805 between "H" Street and the Spring Valley Outfall Trunk Sewer north of Bonita Road. Such sewer will provide gravity service to Rice Carryon and its tributaries between I-805 and Otay Lakes Road. The trunk will additionally serve certain minor areas west of I-805 in the vicinity of Hilltop High School. In March of 1969, the City installed an 8" plugged sewer across the freeway right of way in the vicinity of the future "H" Street interchange. This installation, in advance of actual need, was necessary to assure ultimate gravity service to those properties west of the freeway. The State has, subsequent to that time, modified the right of way require- ment for the freeway construction. Consequently, it is necessary that the existing sewer facilities be modified. Utilities Agreement No. 15179-A provides the following. 1. State will reconstruct approximately 56 feet of_ existing sewer and construct one manhole. Cost of the work including engineering will be borne by the State. 2. City will prepare the necessary plans at State expense. 3. City will credit to the State accrued depreciation and value of salvage materials. 4. The new facilities shall become the property of the City. See EXHIBITS [ ] No. Financial Statement: Depreciation and salvage value credit will be deducted from City billing to State for plan preparation. No cash outlay Commission-Bo~icipated. Recommendation: Not applicable. Department Bead Recommendation: Recommends approval. City Manager Re conurre n da ti on ; A- ll3 (Send ape evny .ta: Adm~.n~.exna~t.cvn; C~..ty C.~enk; C~..t ~tanney; ae Owner File ..' STATE OF CALIFORNIA DEPARTMENT OF PUBLIC WORgS DIVISION OF HIGFIpAY$ FORM HR/W-39 (REV. 2•G6) Dist. Cou n ty R t e. P. M. E. A. ~~ (r }}" ` pp~~ //^^"~~ q INTERSTATE_ ~ ~ ~~.~"' ~ ~ f' NOTICE NO.____'__-~__~_~~"~~______ SOURCE CODE NO. ~ " -1'~'}; C' OWNER'S FILE NO._________________ sheet 't of ~ ~rleet s ____~ UTILITIES AGREEMENT NO.___1~17_~_- ____, Date---------------------- -------------.-- FIRST PARTY: State of California, acting by and through its Department of Public Works, Division of Highways, hereinafter called STATE. SECOND PARTY: _CTT'~ _Gi~ _ _C~UI,_~ _VZ~T,t hereinafter called OWNER. Relocation is required of certain utility facilities of OWNER, cost of which is to be borne by STATE because: The e~:~istin.~ i'~.ca.I.i ties ~-.re l,~wwf`z:(.3.1y ~~4,i,nt-~inec~ in thel.r Present 1©c~~ti~in ~~;z~d c~~z°,:.l~.f~ for rel©e~+tion ~xt ~~T~~~..T~ ex:~ense ~?nd.er tie Pravisl.or:s crf S-c~ti.cn 7G3 of the streets ~~ra~ ~~i~h~r~.~,ys Cade. "`nstall. s remove ar~c~,/or re4trr~.:n~;e surer f ~.c~il i ties tca aceQ~~c;c~~;.te :~rPewny corstr,actf.o~ on Road 11-5~-$C~ between TQ~.e~r<~.t~h C~-ryox~. R©°~d and C. ~ mi~.e sc~,~th of Sweetw~~.ter Road as fr~llows t R'i' aT:;.T;:as Rw~move e~~istir~~ ut:~.ne~~al.*~ e.nc~ ~~ feet of ~ i.r_ch VCP sewer ~;:~~-r~ left of '~ir~eer's Ct~tion 3~2+OG t'1~"• rex~l.~c^ With ~~ feet of ~"'> 1.r.ch VCP serer mG~,ir enc~~~.sed, end c:ons~:r,~ct one ~:~n~hole o-~tsir~e Ct~te's so~.~therly rl.~ht of way line. ST~T~~ ~rrrees to P~:rfor~a s:°~r.id ~~°or~ry: ~:.nd sPeeif is<-:tic~ns for ~.mProvetrent Tele~r~.Ph Canyon Ro:w c~ ~~d. C. ~ mile f i3..e it the ca~'fiee of the Divi:~ior. ~.n c~~~r Dte,~a, C~:Yli.fc~rr,~. in ~~ccc~rc?~=~.nce wit~'i t~2~ ~~1.~!.]'l.s of RQ~c~ ~ 1-SD-~C ~aetwepn. sa~zth of ~weetw~:z ter Ro,._d Or of ~?ih~re~rs, 4~?.5 T~°~.:.y~lOr street .:°~.~, wcr: shs,ll ~e ~erfor'r~ed s~~.~ast=~ntitally ix~ ~cec~rd~:r~ce ~,•ith q, ~ ~ ~' 4~ drf~.wir~?s ~ : ~ ? -138-~ d ~.ted Deoe~(her h ~ 1 ~~?? snd est3.rn~r.te d~.tec, l3ecumher ~, 1;'?i on fi1.e in the of~`ieQ of tsze Dxvisicar.== off' ~i:~~hw:~.ysy 4C?`~ T~'ylc~r .'street i!~ .=~:r. Diet~os C~.lifor.i~~.. -- _-~. ~~ ~~ ~1-SD-8a5, 6.4-8.8 Utility .fgreement No. 157°-.~ Sheet 2 of 4 Sheets The ~~.T~ ~.grees to perforn its portion of said relocation work as a part of the State Highway contract in accordance with plans and specifications furnished by the G~~N~'i. The Q~yR shall perform x-:11 work necessary for preparation of plans anal will bill the STk'iT~' for the engineering costs incurred. Minor deviations from the above described reloe~.ticn may be made ~.nd incidenta3 work performed by the fl~at~~t or the STALT~ when mutus.lly acc®ptable to both parties ~.nd upon ~.pproval o~ the State ~gineer. Z I . P ~'~YM ~.`tT The ST~~T ~' shall perform the work under Section I s.bove at no expense to fl~.'N~t except as hereinafter provided. Tt is anderstood th~~t the said cost to the ST~AT~ shall not include any betterment or increase in capc.city of the said 4WN'3 facilities on the new location. and that the s~.id fl'~~N~~ sh~.ll credit th® ST~xT ~; for all the accrued depreciation and the value of salvage materials from the portion ~ the facilities to be removed and relocated as herein contempl.;ted. fli;Ti ±~' agrees to make the necesse.ry records ~.v;~vilable to the 3T~.T~, ~.~nd Fsderal auditors for verification of bills presented. Total consideration for rights of way ^cauired by O~~I~TER shall not e~sceed ~GC.Od without prior approval of STET. It is understood that said highway is a Federal ^.id highw~.y s.nd accordingly Policy ~.nd Procedure ~temor~.ndum 3C-4 is hereby incorporated into this .'sgreenent. fl~~;7.~'~"~? hereby arses to comply fully with all of the provisions cif "appendix ~. which is attached :end which is incorparc.ted in. full herein by this reference. "s~ppendix ~" will be applicable in Utilities agreements only in these c~xses where the O~~°~3~t does not perform the reloc~~tion wank with its own farces. IST. 0~~,~'SHIP: Upon completion of the work to be dorye by ~'T ~~.TE in accord~:nce with the above mentioned plans and sx~ecifications, the new facilities shs.ll become the property of 4=v'~~~, and. Q~~~`N~R shy<.ll have the same rights in the new location that it h~~~d in the old location. ~. Util.~.ty ~reement ~a. ~ 517-E~ sheet 3 cad ~ ~h~ets (Cvnstr~xet3.on ~~.©. ) ~~~}62.G0 (R3.ht o~ ~=~y ~. ~. 11011 ~) 3GL~. C~~ Estimated Cost to STATE ; ~ ~ ~~~' ~~~ OWNER agrees to perform and STATE agrees to pay for the above described work in accordance wit1L_ __~ the terms Of this ~~.greer~ent. _! IN WITNESS WHEREOF, the parries have executed this agreement the day and year first above written. APPROVAL RECOMMENDED: APPROVED: Dist. Rigbt of Way Agent Rigbt of Way Clearance Agent CTTY_dF C~iULI` ~dTST~~~ y STATE OF CALIFORNIA DEPARTMENT OF PUBLIC WOR1iS DIVISION OF HIGH~7AYS District Engineer _3 '',.f i ~_ EST. 2099. 19812-600 4-68 70M Q OSP ,~-~ ,~ ~~ Utility .4~reement No. 15~ 7~-A S~.eet 4 ©f 4 sheet s • - APPENDIX A Dux°ing the performance of this contract, the contractor, for itself, its assignors and successors in interest (hereinafter referred to as the "contrac- tor"), agrees as follows: (1) Oompliance with Regtlations: 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 Re~nlations), ~~•hich arc herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The contractor, with regard to the work performed by it after a~~-ard 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•~)G of the Stgulatipns. (3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or xsegoti- 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 wlll permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by tlxe State Highway Department or the Bureau of Public Roads to be pertinent to ascertain compliance with such Regulations, orders and instructions. ~~'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 yr suspension of the contract, in whole or in part. (8) Incorporation o! 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 Ronda 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 reyuest the United States to enter into such litigation to protect the interests of the United States.