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HomeMy WebLinkAboutCC RESO 10,292RESOLUTION NO. 10,292 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT NO. 15024 WITH THE STATE OF CALIFORNIA COVERING THE REARRANGEMENTS OF SEWER MAIN FACILITIES BE IT RESOLVED by the City Council of the City. of National City that the Mayor is hereby authorized and directed to execute Agreement No. 15024 with the State of California, Department of Public Works, Division of Highways covering the rearrangements of sewer main facilities in and near Inter- state I-805, south from Plaza Boulevard to 24.th Street. PASSED AND ADOPTED this 9th day of March, 1971. ATTEST: d Res. 10,292 FORM HR/W-354 (REV. 2-S ) STATE OF CALIFORNIA DEFAIMmNr of Posuc WOMIS DIVISION OF HIGHWAYS INTERSTATE I-805-1 (68)10 NOTICE NO 15024 Dist. County Rte. P.M. E. A. 11 SD 805 9.5-10.3 045832 SOURCE CODE NO 11-403 OWNER'S FILE NO. Sheet 1 of 4 Sheets UTILITIES AGREEMENT NO. 15024 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 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 position 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 main facilities to accommodate freeway construction on Road 11-SD-805 between 0.6 mile north of Route 54 and 0.1 mile south of 12th Street in National City as follows: BY STATE: Replace approximately 572' of existing 8" V.C.S.P. crossing the freeway at Engineer's Station 542+50± "A" Line with approximately 4 2' of 8" V.C.S.P. crossing the freeway at Engineer's Station 542+50+ "A" Line. STATE agrees to perform said work in accordance with the plans and specifications for improvement of Road 11-SD-805 between 0.6 mile north of Route 54 and 0.1 mile south of 12th Street in National City on file in the office of the Division of Highways, 4075 Taylor Street in San Diego, California. 11-SD-805, 9.5-10.3 Utilities Agreement No. 15024 Sheet 2 of 4 Sheets BY OWNER: 1. Replace approximately 653' of existing 6" V.C.S.P. in Grove Street between 18th Street and 16th Street with approximately 657' of 8" V.C.S.P. in Grove Street between 18th Street and 16th Street. 2. Replace approximately 32' of existing 8" V.C.S.P. in Grove Street at 16th Street to allow northerly flow of sewage. 3. Reconstruct approximately 368' of 4" A.C. sewer lateral along Grove Street between 18th Street and 16th Street as shown on your plans, Drawing Nos. 348-D, 351-D and 352-D on file in the office of the Division of Highways, 4075 Taylor Street, San Diego, California. 4. Plug and abandon existing sewers as shown on your plans, Drawing Nos. 31+8-D, 351-D and 352-D on file in the office of the Division of Highways, 4075 Taylor Street, San Diego, California. A11 work shall be performed substantially in accordance with OWNER'S Drawing Nos. 348-D, 351-D and 352-D dated January 13, 1970 and estimate dated January 13, 1970 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 per- forming all work necessary for supervision, plans, engineering 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. 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 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. 11-SD-805, 9.5-10.3 Utilities Agreement No. 15024 Sheet 3 of 4 Sheets Total consideration for rights of way acquired by OWNER shall not exceed $500.00 without prior approval of STATE. It is y is a id an accordingly Policy Po1ic ythandat sProcedureaid aMFederal emorandum30-4Ais hereby ebyin--a corporated 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. :III. OWNERSHIP: Upon completion of the work to be done by STATE in accordance with the above mentioned plans and specifications, the new facilities shall become the property of OWNER, and OWNER shall have the same rights in the new location that it had in the old location. (Construction W.O. ) $6,800.00 (Right of Way E.A. 045832) $8,700.00 OWNER and STATE agree to perform the above described work and STATE agrees to pay in accordance with Section II hereof. IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. APPROVAL RECOMMENDED: CIT OF T CITY• BY j;_,er' By Dist. Right of Way Agent Rigbtof Way Ckarance Agent APPROVED: By STATE OF CALIFORNIA DEPARTMENT OF PUBLIC WORKS DwisION OF HIGHWAYS District Engineer • 129T. 2009. 19812-400 4-08 10M 0 OSP 11-SD-805, 9.5-10.3 Utilities Agreement No. 1502+ Sheet l+ of 4 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 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 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- contract, 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 Highway Department, or the Bureau of Public Roads as appropriate, and shall set forth what efforts it has made to obtain the information. 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. (6) 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. (5)