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HomeMy WebLinkAbout1967-12-19; City Council; Resolution 1465'. . -* 0 0 Sanitation District) w FORM HR/W-39 (REV. 2-EE) Sheet 1 of 4 Sheets Date FIRST PARTY: State of California, acting by and throvgh its Deprt~ixnt of .Public Works, Division of Highways, hereinafter caIled STATE. 60% OF the total cost of sEid relocztion is to be bo;oi?e 33- t'ne 0;;PI;LX zs r'ollO:.iS : ~. -- . .. e * Utilities Agreement Shset 2 or" 4 Sheeks Upon completiofi or" the -i:ork to be docle by STATE in accordance with the abo-:e msntloneC ?lam ad specif' ~cetions, the neti Tacilities rights Irr the neyx locatj-on that it hec! in the old locatlon. shall becoxe the property of 0,1~4~dy 7--. aii O-;.Fi,3 s'rrzll. hsve the seme O'.qTER hereby agrees to comply fully vith ail of the provisions -of "AppendSx A" vhich is e.tt~ched 8.~16 -..ihlch is incorporated in full 'herein by this refer?- LJ3CE;. 0r;iTSER agrees upon written requ-est to pay to STATE its shg.re or" said relocz.tion, ss.id mount to be based upon a 2,ercents.ge of &' bLle actus.1 cost of this relocztion. %- I 11 -SD -5 -?X t~ .3 -5;;. O Utilities :\greemn‘s 250. I3&Q Snset 4 or” 4 Sheets APPENDIX A During the performance of this contract, the contractor, for itself, its assignees and siicccssors in interest (hereinafter referred to as the “contrac- tor”), agrees ah f ollons : ll) Compliznce with Regulations: The contractor will compiy with the Regulations of thc Department of Commerce relative to nondiscriruina- tion in fedrrall\--~tssistt~cl program of the Department of Commerce (Title 15, Cotlc of Fedcmi Regulations, Part 8, hereinafter referred to as the Regulations), which arc herein incorporated by reference and made a part of this contract. (2) Rondiscrilliinztion: The contractor, with regard to the work performed by it after au-ard and prior to conipletion of the contract work, will not discriininatc on the gronnd of race, color, or national origin in the selection ad retention of snbcontractors, inc.luding procurements of materials and Ieabes of equipn:ent. The contractor Ti-ill not participate either directly or indirectly in the discrimination prohibited by Section 8.4 of the Regniations, including eniployment practices when the con- tract covers a program set forth in Appendix A-fT of the Regulations. (3) Solicitations for Subcontracts, Including hoc-mements of Elateria Is and Equipnzent : Tn 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 niaterials 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 nondiscriniination OX the ground of race, color or national origin. (4) Infometior 22d Reports: The contractor will provicie all information and reports required by the Regulations, or orders and instructions issued piirsuant thereto, and will permit accm to its books, records, accounts, other sources of information, and its facilities as may be determined by the State Hi,ohn*ay Department or the 3ureau of Public Roads to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information requir?d-of a contractor is in the esc1usis.e possession of another who fails or refuses to furnish this information, the contractor shall so certify to the Stake Highway Department, or the Bureeu of Public Roads as appropriate, and shall set forth what e8orts it has made to obtain the inforination. (5) Sanctions for Eomompliance: In the event of the corrtractor’s noncom- plianc6 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 approsriate, including, but not limited to, (a) withholding of payments to the contractor under the contract until (b) cancellation, terniination or suspension of the eontract, in whole . ’ the contractor complies, and/or - or in part. (6) Iacorpratior cf Provisions: The contractor will include the pro.i.isions of‘ paragraph (1) through (6 j in every subcontract, irzcluding procure- ments of mnterials and leases of equipment, unIess eser;:pt by the Regu- lations, order, or instructions issued pursusnt thereto. The contractor will take such action with respect to any snbcontrlict or procurement 2s the State IIigh~v~y Ilt.partmt.nt or t!ie Bureau of Pi!h!ic Roads m,zy direct as R nitlms of eni’oroing sccii proviaioas inel1.:l.!:yg sanctions for noncompliance : Providd, iiorever, that, in the event a contractor b.- conies involved in; or is thrcnterid with, litigation with a snbcontractor .or snpplier as 3 resizlt of SUC:~ clircctidn, thr conirscior mny rtyiimt the State to enter into such Iitiption to protect the intcr;.sts of the Strrtc, and, in :idtli!ioii, the contrs::tor may rr?i!iit>st t!ic I:nitt~2 S:;itcs to ei~i~r into such iitigittiou to protcct thc iritersts of tI1.c Vi>iL-:d Sii;.its.