HomeMy WebLinkAboutReso 1966-4281,,
Form No~ 342
RESOLUTION NOn 4281
RESOLUTION OF THE CITY COUNCIL OF THE CITY Or' CHULA VTS~I'A
APPROVING AGREEMENT BETWEEN THE CITY O~ CHULA VISTA AND
STATE OF CALIFORNIA, DEPARTMENT OF PUBLIC WORKS, DIVISION
OF HIGHWAYS, FOR THE RELOCATION OF SEWER FACILITIES
AND AUTHORIZING THE N!_A`YOR TO EXEC'iJTE SAME
The City Council of the City of Chula. Vesta does hereby
resolve as follows:
That that certain agreement between the City of Chu:1a Vista,
a municipal corporation, and the State of California, Department of
Public Works, Division of Highways, .for the relocation of sewer
facilities in connection with the construction of Freeway Route 8.05,
dated the 27th daY of December
~- _., l~ 66 a copy of which
is attached hereto and incorporated herein,, the same as though f;z]_ly
set forth herein be, and the same is hereby approved.
BE IT FURTHER RESOLi7ED 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
C
..,%'
Lane F. Cole, Ci Engineer
Approved as to form by
~ ~~~ ~~
George D Lindberg, ,City Atto
ADO~r'ED ~~ND APPROfJF;D by he CITY COUNCII: of ti~te CITY OF CHULA VIST_h,
CALIFGRNIA, this 27th day of December
- ___._ _ ~, i9 66 , by the following vote,
to-wit;,
AYES, Councilmen. Sparling, Sylyeste~ Anderson-McAllister, McCorquodale
NAYES~ Councilmen. None
ABSENTS Councilmen None
w
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`Niayo`r~ of the City of China Vista
ATTEST ~~ ~c ^i~'
City Clerk
STATE OF CALIFORN LA
COUNTY OF SAN DI1:C,O ~ ,;s .
CITY OF CHULA V?STA i
I, KENNr:TH ?. C.4.'~1FBEL~,, City Clerk of tl-,e City of Chula Vista, California,
DO HEREBY CERTIFY' that the abo~~e ar.d foregoing is a full, true and correct copy of
;. and that the same has not been amended
or repealed.
DATED::
City Clerk
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Utility Uwner
FORM R/W-39
STATE OF CALIFORNIA
DEPARTMENT OF PUBLIC WORKS
DIVISION OF HIGHWAYS
T1~TTT+'FRCTn'TFi' pRn-~i'rm TT(1 T_RnC_i r~~~ ~.
DIST. Co. RTS. M XFhT WORK AUTHORIZATION
11 sD 805 6:4- 045822
UTILITIES AGREEMENT NO.__?5?~I_-6_________.
Sheet 1 of 4 Sheets
December 27, 1966
Date--------------------------------------------------------
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-PM 3.4-6.4 between 3.4 miles
north of Route 5 and 2.5 miles south of Route 54, as follows:
EY OWNER:
1. Abandon 300 feet of 8" VCP crossing freeway at Engineer's Station
327+00; replace with 936 feet of 8 inch VCP in Osage Avenue.
2. Remove 2 manholes from 18 inch VCP crossing freeway at Engineer's
Station 234+05; install one manhole and encase 276 feet of existing
line.
3. Abandon 600 feet of 18 inch VCP in Telegraph Canyon Road and replace
with 1 Manhole and b00 feet of 18 inch VCP.
!~. Remove 270 feet of 8 inch VCP in Telegraph Canyon Road. and replace
with 270 feet of 8 inch VCP.
All work shall be performed substantially in accordance with OWNER'S
drawings No. 66-56L, 66-57L and 66-58L dated September 22, 1966 and
estimate dated September 23, 1966 on file in the office of the Division
of Highways, 4075 Taylor Street in S€~n Diego, California.
OWNER agrees to cause the herein described. work to be performed by
a contract with the lowest qualified bidder, selected pursuant to a
valid competitive bidding procedure, and to furnish or cause to be
furnished all necessary labor, materials, tools, and equipment required
therefor, and to prosecute said. work diligently to completion. OWNER
~ u~~ ~
11-SD-805-PM 3.4-6.4
Utilities Agreement No. 151L~6
Sheet 2 of l.4. Sheets
will perform all work necessary for supervision, plans, engineering,
inspection and. billing with its own forces.
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 by the State
Engineer.
I I . PAYMENT
The STATE shall pay its share of the actual cost of said. relocation
within 60 days after receipt of an itemized, bill in sextuple, signed
by a responsible official of OWNER'S organization, compiled on the basis
of the actual cost and expense incurred and charged.. or allocated to
said work in accordance with OIn1NER'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 a.nd
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.
O'WNER 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.
Such Director's Easement Deeds as are deemed necessary by the STATE
will be delivered to OWNER, conveying rights of way for portions of the
facilities relocated under this agreement, over available STATE owned
property outside the limits of the freeway right of way.
It is understood that said. highway is a Federal Aid. high*~ray and
accordingly Policy and. Procedure Memorandum 30-4 issued December 31,
1957 as amended, is hereby incorporated into this Agreement.
OWNER hereby agrees to comply fully with all of the provisions
of "Append.ix A" which is attached and which is incorporated in full
herein by this reference. "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.
2 ~a~~
11-SD-805-PM 3.4-6.>+
Utilities Agreement No. 151.6
Sheet 3 of 4 Sheets
ESTIMATE OF COST:
Item 1 $12,550.00
Item 2 6,050.00
Item 3 12,250.00
Item ~. 2,128.00
Design, Survey and Inspection 2,300.00
Total $35,278.00 -
Less Depreciation Credits 1,332.00
$33,946.00
Estimated Cost to STATE $_,33_~91.~6_.00_____
OWNER agrees to perform and STATE agrees to pay for the above described work in accordance
the terms of this Agreement.
IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written.
APPROVAL O M D
Dist. Right nt
Right of Way Clearcnce Age r ~ ---
ArrxovziD:
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HEADGUl.RT~r.S ^/•;! -~EPT.
DIVIYloN OF HIGHWAY!
EJF:rm
JAN 1$ )96l
~y~~F---o~- - - A----------~----------------------
- -
f the i y o ~hul a ~~i s t a--~~~
By
Owner-
STAT F CALIFORNIA
`['ARTM~F PUBLIC WORKS
1' I~NI ~ HIGHWAYS
By
District Engineer
EST. 79fi3. 47591 2-62 /4M Q SPO
~~ 1
11-SD-805-PM 3.~.-6.t~
.Utilities Age^eement No. 1516
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 tows the "contrac-
for"), agrees as follows:
,(1) Compliance with Regulations: The contractor will egmply 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 S, hereinafter ieferred 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 ctices when the con-
tract covers a .program set forth. in Appendix A-~i of the Regulations.
(3 j Solicitations for Subcontracts, Including ProcurezYients of Materials and
-Equipment: In all solicitations either by competitive bidding or negoti-
ation made by the contractor for word to be performed under a sub-
contract, including procurements of materials or .equipment, each,
potential subcontractor or supplier shall be notified bq. the contractor
• of the contractor's obligations under dais contract and the Regulations _
relative to nondiscrimination on the ground of race, color or national
origin. ~ - -
' (4) Informatian 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 informatio~i, 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. where any information iequired-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~6r suspsa?sion 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 actiom 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. _. i
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