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HomeMy WebLinkAboutCalifornia, State of; 1969-09-05; 18624Utility Owner FORM HR/W-3B (REV. 2-a«) 4 f STATE OF CALIFORNIA DEPARTMENT OF PUBLIC WORKS DIVISION OF HIGHWAYS Dist. 11 County SD Rte.P.M. 50. 2-514-. 0 E.A. 039712 SOURCE CODE NO ll.rkP.3 NOTICE NO OWNER'S FILE Sheet 1 of UTILITIES AGREEMENT NO.-!§i2A Sheets FIRST PARTY:State of California, acting by and through its Department of Public Works, Division of Highways, hereinafter called STATE. SECOND PARTY: -GITY...QP..GARLSBAD 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 located in their present position pursuant to rights prior and superior to those of the STATE. I. WORK TO BE DONE: Install, remove and/or rearrange water facilities to accommodate freeway construction on Road ll-SD-5, £0.2-5l|..0, between Buena Vista Lagoon Bridge and Vandegrift Blvd., as follows: BY OWNER: Abandon and remove 18" gate valve and 5' x 5' concrete chamber, 18" inspection manhole and V1 8ate valve and blowoff and install 18 inspection manhole, V' gate valve and blowoff and 20 L.P. of 22" x 10 gauge steel pipe in accordance with OWNER'S plan No. 69-12. All work shall be performed substantially in accordance with OWNER'S drawing No. 69-12 and estimate dated June 17, 1969 on file in the office of the Division of Highways, ij.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 ll-SD->f 50.2-5^.0 Utilities Agreement No. 18624 Sheet 2 of IJ. Sheets 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. Such Director's Easement Deeds as are deemed necessary by the STATE will be delivered to OWNER, conveying rights 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. 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 30-4 issued by the Bureau of Public Roads, 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. ll-SD-5, £0.2-5^.0 Utilities Agreement No. 18621; Sheet 3 of JJJ. Sheets )(Construction W.O. _______ (Right of Way E.A. 039712) $7,33^.30 Estimated Cost to STATE $ 7t33^«3Q_ 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. APPRI t/ • Right of Wfy'Clearmci Agent APPROVED: c. S/MACDON AUOHlADQUABtERS R/W OEPT. DIVISION OF HIGHWAY* SEP 23 1969 CITY OP CARLSBAD D. \ DUNIfIayoF £.__ E. Adams; City Clerk STATE OF CALIFORNIA DEPARTMENT OF PUBLIC WORJKS OF HIGHWAYS JAA:rm EST. 2099. 19312-500 4-6S 10M © OSP , UtiT %ies Agreement No. l862lj. Sheel^ii. 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) 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 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- 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 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. COPY