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HomeMy WebLinkAboutCC RESO 10,371RESOLUTION NO. "10,371 RESOLUTION AUTHORIZING EXECUTION OF UTILITIES AGREEMENT. NO. 15265 WITH THE STATE OF CALIFORNIA DIVISION OF HIGHWAYS BE IT RESOLVED by the City Council of the City of National City that the City Manager of National City is hereby authorized and directed to execute Utilities Agreement No. 15265 to install, remove and/or rearrange sewer facilities to accommodate freeway construction in National City with the State of California through its Department of Public Works, Division of Highways. PASSED AND ADOPTED this 22nd day of June, 1971. ATTEST: Owner FORM HR/W-312 (Rs-V. a-ss) STATE OF CALIFORNIA DmwmmiTroPPImucWomts DIVSION OF HIGHWAYS Dist. County Rte. P. M. E. A. 11 SD 805 10.3-12.5 I 045832 INTERSTATE I-805-1(68)10 NOTICE NO 15265_ SOURCE CODE NO 1 1403 OWNER'S FILE NO. Sheet 1 of 6 sheets UTILITIES AGREEMENT NO.�15265 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 NATIONAL CITY hereinafter called OW NER. 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, 10.3-12.5, between 0.1 mile South of 12th St. in National City and Imperial Ave. as follows: BY OWNER: Sheet 290-D 1. Replace approximately 427' of 6" V.C.S.P. between right of Engineer's Station 623+15+('Art Line and right of Engineer's Station 627+55+"A" Line and approximately 517' of 6" V.C.S.P. in 47th between Beta Street and 176' south of Gamma Street with approximately 983' of 8" V.C.S.P. between right of Engineer's Station 622+85±"A" Line and right of Engineer's Station 633+50±"A" Line. Sheet 291-D 2. Replace approximately 1033' of 6" V.C.S.P. crossing the free- way at Engineer's Station 628+15±"A" Line with approximately 912' oft)12" V.C.S.P. crossing the freeway at Engineer's Station 626+80± A Line. 11-SD-805, 10.3-12.5 Utilities Agreement No. 15265 Sheet 2 of 6 sheets Sheet 292-D 3. Abandon 6" V.C.S.P. in North Palm from Division northerly 545'+. Abandon 6" V.C.S.P. in "Q" from Division to Delta. Sheet 29a-D 4+. Replace approximately 986 of 12" V.C.S.P. crossing the freeway at Engineer's Station 613+70+"A" Line with approximately 980' of 15" V.C.S.P. crossing the —freeway at Engineer's Station 613+15+"A" Line. Sheet__ 291+—DD 5. Replace 6" V.C.S.P. in 4th St. from. "S" 67+6" V.C.S.P. in "S" between 7th and 4th with ap easterlyoxmand 9' of 8" V.C.S.P. outside R/W northwesterly from�1thaSt. ly 619 ± Sheet 295-D 6. Replace approximately 593' of 6" V.C.S.P. in "T" Ave. immediately north of 8th Street with approximately 595' of 8" V.C.S.P. in realigned T�tAve. immediately north of 8th Street. Sheet 2 6-D 7. Plug manholes and abandon sewers in freeway right of way at loth, llth and 12th Streets. Sheet 297-D 8. Construct a proximately'393' of 6" V.C.S.P. in 9th Street (Terry Lane) immediately east of "R" Ave. -Sheet 298-D 9. Replace approximately 481' of 6" V.C.S. south of 12th Street and a V.C.S.P. alongfParadise Drive 12th Street between. ParadiserDrivetand Grove 250' oStreet �withPapir mately 250' of 8" V.C.S.P. in 12th Street between Paradise pDrive and Grove Street and approximately 280' of 8" V.C.S.P. in Grove Street south of 12th Street to Plaza Blvd. The new 8" V.C.S.P. installation in 12th Street reverses the flow of the existing 6" V.C.S.P. in 12th Street. 11-SD-805, 10.3-12.5 Utilities Agreement No. 15265 Sheet 3 of 6 sheets Sheet ��+9-D 10. Replace approximately 198' of 8" V C S P 571+20+t,A„ right of Engineer's StationLine�and�ri right of en t Station 574+2 +,� „ ght of Engineer's 5 A Line with approximately 207' of 8" V.C.S.P. in 14th Street east of Grove Street and approximately ]+08' of 15" V.C.S.P, in Grove Street north of 14th Street. Plug and abandon existing sewers and manholes as shown on your plans. Drawing Nos. 289-D to 298-D, 31-9-D and 350-D. All work shall be performed substantially in accordance with OWNER'S drawing Nos. 289-D thru 298-D, 349-D and 350-D dated February 5, 1970 and estimate dated May 28., 1971 on file in the office of the Division of Highways, 4075 Taylor Street in San Diego, California. All relocation work by OWNER shall be performed by a contractor whose selection was made on a low bid basis with the OWNER work necessary for supervision, plans, engineering and billifngwith nitsll own forces. Minor deviations from the above described relocation may be made land incidental work performed by the OWNER or the STATE, when mutually acceptable to both parties and upon approval by the State Engineer. The STATE shall pay its share of the actual cost of said re- location within 60 days after receipt of an itemized bill in sextuple, signed by a responsible official of OWNER'S organization, compiled on :..he basis of the actual cost and expense incurred and charged or allo gated to said work in accordance with OWNER'S regularly established .ecounting system; provided that said accounting system is such that :he cost and expense properly attributable to work covered by this _greement can be identified. OWNERS records shall be made available :o State and Federal auditors for verification of bills presented. It is understood that the relocation as herein contemplated in- ludes betterment to OWNER'S facilities by reason of increased capacity 3 the estimated amount of $6,805.00, and OWNER shall credit the STATE -or the actual cost of said betterment, all the accrued depreciation ad the salvage value of any materials or parts salvaged and retained 7 OWNER. Total consideration for rights of way acquired by OWNER shall not mr—ed $500.00 without prior approval of STATE. 11-SD-805, 10.3-12.5 Utilities Agreement No. 15265 Sheet 4+ of 6 sheets Such Director's Easement Deeds as are deemed necessary by the STATE will be delivered to OWNER, conveying right 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; however, a credit to the STATE for 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 accordance with terms of this Agreement. Also, where the OWNER has prior rights in areas which will be within the highway right of way, such rights will be quitclaimed or, where OWNER'S facilities will remain on land used for highway purposes, a Joint Use Agreement or Consent to Common Use Agreement will be entered into so that the rights of the STATE and the OWNER are clearly defined. It is understood that said highway is a Federal aid highway and accordingly Policy and Procedure Memorandum 30-+ 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 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. 11-SD-805, 10.3-12.5 Utilities Agreement No. 15265 Sheet 5 of 6 Sheets Total Estimated Construction Cost Engineering Less Betterment (Right of Way E.A. 04+5832) $72,666.00 $73,1f71. 00 6.000.00 79,E+71.00 ( 6,805.00) $72,666.00 Estimated Cost to STATE $ 72, 666.00 OWNER agrees to perform and STATE agrees to pay for the above described work in accordance with the terms of this Agreement. IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. APPROVAL RECOMMENDED: Dist. Right of Way Agent Right of Way Ckarance Agent APPROVED: DML:pl CITY OF NATIONAL CITY By By. By Owner — STATE OF CALIFORNIA DEPARTMENT OF PUBISC WORKS DIVISION OF HIGHWAYS District Engineer CST. 4339. 31461-300 4-69 1014 CD OSP 11-SD-805, 10.3-12.5 Utilities Agreement No. 15265 Sheet 6 of 6 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) 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 Code ofRegulations, hereinafter as the Re;ulations).vhichare herein incorporated byreference and made a part of this contract. to the (2) Nondiscrimination: afteerrla and and prior totcompleion 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 $.4 of the Regulations, including employment practices when the con- tract covers a program set forth in Appendix A -II 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- eontract, including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligationsunder 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. Where 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 and sHighwayhall Department, or the Bureau of Public Roads as appropriate, 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 shah impose such contract sanctions ea it or the Bureau of Public Roads may determine to be apP op n ng, 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. Insorporation 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- eomes 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, m addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States.