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Home My WebLink About1968-06-05; City Council; Resolution 1523!I .. e * ‘I 1 RESOLUTION NO. 1523 2 3 DIRECTING EXECUTION OF UTILITIES 4 5 6 as follows: 7 8 9 lo 11 12 PASSED, APPROVED AND ADOPTED at regular meeting of the 13 14 AYES: Councilmen Neiswender, McComas, Jardine and Castro. 15 NOES: None 16 ABSENT: Councilman Dunne 17 18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AUTHORIZING AND AGREEMENT NO. 18676. The City Council of the City of Carlsbad does hereby resolve 1. The Mayor of the City of Carlsbad is hereby authorized and directed to execute on behalf of the City Utilities Agreement No. 18616 between the City of Carlsbad and the of California, a copy of which is attached hereto and by this reference incorporated herein. City Council held June 5, 1968, by the following vote, to wit: rT P 19 20 21 22 23 24 25 26 27 28 29 30 31 32 GLENN E. PIC COMAS, Vice Mayor ATTEST: *. (' -t Utility Ou-ier FORM HRIW-39 (REV. 2-G6) STATE OF CALIFORNIA I DEPARTMENT OF PUBLIC WORKS DIVISION OF HIGHWAYS SOURCE CODE NO 11-403. 4 hereinafter called OWNER. Install, remove and/or rearrmge water faci3.ities to accommodate freei,aEy construction on. Road ll-SD-j-+PN 47 *3-54.0 between Canrion. Road and. Vandegrift Elvd as f olLoxs : BY OIdWER : g. --.-.-I_ -.....---.... Abandon existing service and meter right or" Engineer's Station 11+sO-i- - "Chinquapin" and install net: servict: mid meter right of Engineer s Station l2+20+ - "Chinqua.pin" . 2. Abandon existing (1" xater line betxeon Engineer 1s Station 124-104- cap cad install kick block at Engineer's S-Lation 12+10+ - "Chinqu.2pin". "Chinquapin" znd right of Ei?gineer 1 s Sta.ti0-n 1~'i+i@ CUT, 3. Cut, cap and install kick block at Engineer's Station 8-kCO+ I Chinquapin" . 2i 11 4- Plug and aba-ndon 210'3- - 5 wa.ter line between 100' left of and 110' right of Engineerr's Statlion 12+00+ "Jeff" and inste.21 service and meter as requi.red betv:een 501 yi&T of and 50' Engineer 1 s Stat ion 10-t-60+ "Jeff". left of 'I I . 1.. 'P 11-SD-SPM 47 3 -54.0 Utilities Agreement No. 18626 Sheet 2 of 4 Sheets All work shall be performed substa,ntizlly in accordance with O'd"R'S dravrings and estimate dated Mamh 1, 1968 (Revised) on file in the office of' the Division 02 HIfghways, 4075 Taylor Street in San Diego, California. OWNER agrees to perf'oxm said relocation work with its own forces and to provide ad furnish all necessary labor, materials, tools and equipment required t;hercfor, and to prosecute same diligently to coapletion. Minor deviations from the above describec? re1oca'i;ion may be mads and incidental work perforined by the OWNER or the STATE, when mutually acceptable to both psrties and u-pon approval by the State Engineer. The STATE shall pay its slzare of the actual cost of said relocation within 60 days after recelp'c of an itemized bill in sextuple, signed by a responsible official of 03DT\TER1S organization, compiled on the basis of the actual cost a~d expense incurred and charged or allocated to said tmrk in accordarice with OkWER'S regularly established accounting sys$en;; provided thzt said aecomting system is such that the cost ?and expense propi-ly attributable to work covered by this Agrement calz bs identified. OlhliEKIS records shall be made available to State and Federal audi-bors for verification of bills presented It is understood that the said cost to the STATE shall not include any betkerment or increzse in capa.city of the said 0k;JNERlS Fa.ciLi.ties on the new location and thnt the said ONJER shall credit the STATE for all the accrued depreciation and the value of salvage mzr.-Ler:ials Pron the portion of the facilities to be removed and relocatod as horein. contemplated Total coDsideration for rights of ~ey acquired by OWhTER shall not esceed $500 .OO without prior a.pproiia.1 of STATE - 12; is understood. that said highway is a Federal Aid Highxs.,r2y and accordingly Policy a~d Procedure RercoTanduxi 30-4 issuzd October 15'9 1966, is hereby incorporated into this Agreemen'c. OVLbTER hereby agrees to coxply fully with all of the provisions of "Appendix A'! Fjhich is attached md which is incorporated in full. herein by this referonce. "Appendix A" xi11 he applj-cable in Utilities Agreements only in those cases >-here the OivT7ER d.oes not perforrn the relocation t.rork w-ith its own forces. 11-SD-5-PM Lc~ a3-54.O Utilities Agreement No. 18616 Sheet 3 of 4 Sheets IN WITNESS -WHEREOF, the parties have executed this Zgreement the day and year first above written. APPROVAL RECOMMENDED: Dirt. Right of ray Agent Right of Vay Clearnncz AgL'iit APPROWD : JAA : rm CITY OF CAKLSBAD 0 wner.._-. STATE OF CALIFORNIA DEPARTMENT OF PUBLIC ~k:fOY.l<S DIVIS!ON OF ~IIGI-IWAYS a Diririct Engiizecr *- . .. - I- r* - 0 11 -SD -5 -PM 47 3 -54 0 Utilities Agreement No. 18616 Sheet 4 of 4 Sheets a APPEXqDIX A D:iring thc pmforinancc of this contract, the contractor, for itself, its stnsigiieos and Riirwssors in interest (hrreinafter referred to as the “contrac- tor”), RgrePM as follolvs : (1) &&ipUmce with Regdationa: TIir cimtraetor will comply with the Regilltit ions of the Dep~rtment of Commerce relP,tive to nondiscrimina- tion in fedadlpr-assisted programs of the Department of Commerce (Title 15. Codr of’ Fcdwal Regiilations, Part 8, herrintifter referred to $8 the Regnlations), which are herein incorporated by reference and made I part oE this eontract. (2) Ho~.dbacfinbild“tloha: Thc contrmtor, with regard to the work performed by it aftcr award arid prior to completion of the contrict work, will not diacriminatr on the groiind of race, color, or national origin in the F;el?ction &id retention of snbcontractors, including procurements of materials and leases of equipment. The contractor mill not psxticipnte either dirwtlpr or indirectly in thc discrimination prohillited by Section 8.4 of the Regulations, inclnding employment pr cticee whm the coa- (3) Bt~licitstcimnr for BaBcmtmcCtS, IncXading Procarenments of E&Aseeri& md EguSp~ent: In all fiolicitations either by competitive bidding or negoti- ation made by thc contractor for work to be performed under 8 sub- contract, including procurements of materials or equipment, each potential snbcontrnctor or supplier shall bc notified by the contractor of tbp contractor’? obligations under thin contract and the Regulations relative to nondiscrimination on the g:ound of race, color or national origin. tract covers a program set forth in Appendix A- ? I of the Regulations. (4) Xpifct~~~&k~ 8~1d Zpu~tp~%s: The contractor will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thmeto, and wit1 perniit accew to its books, records, accountg, other saurces of information, and its facilities as may be determined by thr State Ilighivay Department or the Bureau of Public Roads to be pcrtinrnt to ascertain compliance with snch Regulzt:lons, orders and instructions. Where any information required of R contractor is in the rxclusivc possrssion of another who fails or rpfuses to furnish this informatioil, the contractor shall so certify to the State Highway Department, or the Bureau of Public Roads as appropriate, and shall set forth whzt efforts it has niadc to obtain the information. (5) Ba~~tiong for Roncompliame: In the event of the contractor’s noncom- p1ianr.E with the nondisc.rirnination provisions of this contract, the State Highway Department shall impose such contract sanctions as it or the Burea~ of Public Roads may determine to be appropriate, including, but not iiniitrd to, (a) withholding of payments to the contractor undcr the contract until (b) co,ncellation, termination or suspension of the contract, in whole the contractor complies, and/or or in part. (0) Xmorpratim of sp7r~~~io~s : The contractor will inclilde the provisions of Iiaraprnph (I ) through (6) in every subcontract, incluc!ing procure- ments of mnterials 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 8s the State Highway Departrnpnt or the Bureau of Public Roads may direct a\ a means of enforcing such provision.; including sanctions for noncompliance : T’rovidcd, ho~vvver, that, in the event E? contractor be- comes involved in, or is threatened with, litigation with e. subcontractor .or svpplipr RS a resnlt of siicii direction, the contractor may rryuast the State to mtcr into such litigation to protect the interests of the State, and, in addition, the contractor niay reyiieit the Vnited States to enter into such litigatiou to protect the interests of the United States. 4