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Home My WebLink AboutCalifornia, State of; 1968-06-11; 18616Utility Owner FORM HR/W-39 (REV. 2-66) STATE OF CALIFORNIA DEPARTMENT OF PUBLIC WORKS DIVISION OF HIGHWAYS Dist. 11 County SD Rte. 5 P.M. kl- 3-5IJ--0 E. A. 039712 INTERSTATE.....I-Q05-l.(.ig61k§.. NOTICE NO. 18616 SOURCE CODE NO..11- OWNER'S FILE NO Sheet 1 of l|. Sheets COPY UTILITIES AGREEMENT NO. _L86.16 FIRST PARTY: Date SECOND PARTY: State of California, acting by and through its Department of Public Works, Division of Highways, hereinafter called STATE. CITY OP CARLSBAD 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 water facilities to accommodate freeway construction on Road 11-SD-5-PM kl.3-5k-0 between Cannon Road and Vandegrift Blvd., as follows: RY OWNER *T.—Abandon existing service and meter right of Engineer's Station 11+50+ "Chinquapin" and install new service and meter right of Engineer's Station 12+20+_ "Chinquapin". 2. Abandon existing [4." water line between Engineer's Station 12+10+ "Chinquapin" and right of Engineer's Station 157+1+0+ "T-l . Cut,_ cap and install kick block at Engineer's Station 12+10+ "Chinquapin . 3. Cut, cap and install kick block at Engineer's Station 8+00+. "Chinquapin". k Plug and abandon 210'+ - 2V water line between 100' left of and 110' right of Engineer's Station 12+00+ "Jeff" and install service and meter as required between 50' right of and 50' left of Engineer's Station 10+60+, "Jeff". /?> ll-*Si)-5PM k7-3-51*-.0 Utilities Agreement No. 18616 Sheet 2 of 1 Sheets All work shall be performed substantially in accordance with OWNER'S drawings and estimate dated March 1, 1968 (Revised) on file in the office of the Division of Highways, lj.075 Taylor Street in San Diego, California. OWNER agrees to perform said relocation work with its own forces and to provide and furnish all necessary labor, materials, tools and equipment required therefor, and to prosecute same diligently to completion. 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. II. 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. Total consideration for rights of way acquired by OWNER shall not exceed $500.00 without prior approval of STATE. It is understood that said highway is a Federal Aid Highway and accordingly Policy and Procedure Memorandum 30-ij. issued October 15, 1966, 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-5-PM 4?.3 Utilities Agreement No. 18616 Sheet 3 of fi. Sheets Estimated Cost to STATE $..__2.,.ll6-«.Q.CL. OWNER agrees to perform and STATE agrees to pay for the above described work in accordance with a Q,f tb i s Agreement. IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. APPROVA: APPROVED: Right of Way Clearance Agent STATE OF CALIFORNIA • PUBLIC WORKS ' HIGHWAYS c. s. MACDONALD HKADQUAKTERS R/W DEPT. DIVISION OF HIGHWAYS JUN 20 1968 By. JAA:rm EST. 7389. 64613-500 2-63 10H (D OSP H-SD-5-PM k(-3-5k*oUti^ties Agreement No. 18616 Sliefe * k of ij. 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) Oonpliance 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 obligations under 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. (5) Sanctions for Noncompliance: In the event of the contractor's noncom- plianc^ 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 t>r 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. 1 RESOLUTION NO. 1523 2| A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AUTHORIZING AND3! DIRECTING EXECUTION OF UTILITIES „ | AGREEMENT NO. 18616.•4h , 5{ The City Council of the City of Carlsbad does hereby resolve 6 as follows: 1. The Mayor of the City of Carlsbad Is hereby authorized 8 and directed to execute on behalf of the City Utilities Agreement No. 18616 between the City of Carlsbad and the 10 State of California, a copy of which 1s attached hereto! 11 and by this reference Incorporated herein. 12 PASSED, APPROVED AND ADOPTED at regular meeting of the I3! City Council held June 5, 1968, by the following vote, to wit: 141 AYES: Council men NeUwender, McCoraas, J*rd1ne and Castro. 15 NoES: **«« 16 ABSENT: Councilman Dunne 17 18 19 20 ATTEST: 21 ii j E. Adams /&_/ Glenn E. McComas GLENN E. MC COMAS, Vice Mayor MARGARET E. ADAMS, City Clerk23 24 25 26 27 28 29 30 31 32 STATE OF CALIFORNIA, ) COUNTY OF SAN DIEGO ) ss. Margaret E. Adams I, ...../ ...., City Clerk of the City of Carlsbad, County of San Diego, State of California, hereby certify that I have compared the foregoing copy with the original B.6.S.O l.U.t 1.0_P passed and regular adopted by said City Council, at ..fl.Jl-.a.dj.Q.U.ril£.d/- meeting thereof, at the time and by the vote therein .stated, which original !>.®_?..P.!.M.r.!.P.n is now on file in my office: that the same contains a full, true and correct transcript therefrom and of the whole thereof. Witness my hand and the seal of said City of Carlsbad, this ...U.tlSay of J.U.n.6.,... 19.6.8 City Clerk