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Home My WebLink About8476 I' 1 RESOLUTION NO. .1 ~0 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE ON BEHALF OF THE CITY OF SAN BERNARDINO AN UTILITIES AGREEMENT NO. 1336 WITH THE STATE OF CALIFORNIA, DIVISION OF HIGHWAYS. DEPARTMENT OF PUBLIC WORKS, FOR THE RELOCATION OF SEWER FACILITIES AT THE JUNCTION OF ROUTES 10/l5/395. 2 3 4 5 6 7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 8 SECTION ONE: That the City of San Bernardino execute an 9 Utilities Agreement No. 1336 with the State of California. Divi- 10 sion of Highways. Department of Public Works, for the relocation 11 of sewer facilities at the junction of Routes 10/15/395. 12 SECTION TWO: That the said Utilities Agreement, referred 13 to herein, a copy of which is attached hereto marked Exhibit "A" 14 and referred to and made a part hereof as fully as though set out 15 at length herein. is hereby approved. 16 17 SECTION THREE: That the Mayor of the City of San Bernar- dino is hereby authorized and directed to execute said Utilities 18 Agreement on behalf of said City. I HEREBY CERTIFY that the foregoing Resolution was duly 19 20 21 22 2.3 24 25 26 27 28 adopted by the Mayor and Common Council of the City of San B,ernar- dinn at a'i::~~,v.l~dAk'meeting the<enf, held nn the .~ day ofk- ___.: , IJ:l.66, by the foThwing t 7, AYES: ~"'" ' ~ c NOES: J-zt.;!t'...e 0/ Resolution is hereby approved this ,RF~ day I ~e foregoing of . 4!.ff1L_~"'ot.{/ , 1966. 29 .~ j/ C ~ /J/}~ (tl' ... f/J Ii/fA Mayor of the/City of San B. rnardino FI LED 30 ! APPROVED AS TO FORM: 31 32 ~~~~ DEC281S$ ~~::;=~~ FORM R/w_39 STATE OF CALIFORNIA DUA1\1'MENT OF PtrnLlC W 01\KS DIVISJON OF HxGH'\V A YS DUT. Co. , ot6509 1-010-2(lJ).118 RTE. SEe. W Olll[ AUTHOlUZA TION 08 .. UTILITIES AGREEMENT NO.____!J~_________. Date_____~~~__9_'_____~9.~___. FIRST PARTY, State of California, acting by and through its Department of Public Works, Division of Highways, hereinafter called STATE. . C1'l'r 011 Ill. ....DO SECOND PARTY. _______.__.___.______.._m__m_mm_._____m_m_________mm________m______ hereinafter called OWNER. I Relocation is required of certain utility facilities of OWNER, cost of which is to be borne by STATE because: of Seet10n 703 of the atreete and ~ Code. II WOU!'O:IIt ~ eoDIftS 011 'f8 POu.onJKI t Abandon uut1ng IT lnob and 15 1Dob v1tJ'1t1ecl ole,. "'1' 11M. and, 111 lUll _NOt. _MIl ... W1 sam .. 15 iAoIl 'Yluus.l "'1' liDea With "'."17 -.nho1e. ... 8J1p\11'tM.....,... 'l'b.1e 1f01'k 1e eo. .o....Uoelll' on &xh1blt JIiIp A attacbed to _t1oe to "locate _. 1336 dated IIll' 13, 1966 and bl' N1'e~ _Nto ..141 map 18 __ a part ot th18 A01 UIITnt. Abandon a1etJ.Ds I) 1Doh t1'u81te pipe .., 1Il U.ll tDlftOt. 1tuItall new 6 incb tNMlte pipe with "'.-17 ..m.o1a and appurtenance.. '.I.'b1. work 18 ahown h~t1oa11:r on .......''It "'" JS alaG atteched to RoUce to ..locate 110. 1336 dated lIlT 13. 1966, and bl' Nt.l'IIftOe MNto .814 up U .de a part 01' tbU is 1'- nt. III owner qNe. to perto1'll tbe abo___hl'lMll 110ft. All Nlocation work 8ball be dOM bl' ClImeI' b;r ewud 01' oontNot. ltate..ll Ns.b1U"N OWner upon NOelpt ot .t1_ (5) oopSAl. of 1t~4-'14 l>>Ul of the co.t and QpeftM ot the NlocaUon, _141 co.t. to be compUed 10 .oool'llJa~ nth 0IrlIe1". Nsul....1:r ..tab1J..8hecl eooount1n8 pNoUoe with tbe ltate NOelV1ng oftd1t a. follon t A. BetteJWnt 11' ~ B. Salvap value of _tui.ale I1uve4 and Nta",*, bV 0Ime1' C. Aoorued depreoiatlon ba.ed upon 01"18in81 ONt. Owner'. recorda eull be nal1able te ltate aud1tol'll tor vel'1t1cat1oD ot bUla preMftted. 11 IV It 18 unde1'lltood that ..14 hYdIIik., 18 . ....Nl A14 ....p-y end, . aOOOPlt1Pl'F. ......u of ,.,It.ct "':1" IlDUGJ' .. Jll'l,aJw.ot H lO.... 30-11 .. -V'''-~1 Ie beN:r.:oOl"Jl6fttled Ia1lo ttWI _. .. iT'l.1i With tha undewtod1ng 1lbIlt provh ~ ..__.__ 'I'OClUJW" .ft appl10abU to tha N1.att4lla."~p ....fI_ .. ..... .. .. tall.. .tate. . 'V In order to Q_~ With 'l'lto1e 'ft of ~ ad... .tate. C1vU Jt1ght. Act of 1964, AppellllUx A 18 .U.... to .. .... . ))tin of thi. A&I"~n.1mt, eaoeptlns thaftrr. 8n7 8Ild all wol'k pertol'l*! by Owner'. OWl toJ'd8. Estimated Cost to STATE $__~..m...QQ.__ INNIANNNIN/rNINI/.mNrHNNmIN##IN##mIN'1-I1I1I1I1I1 IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. .&{, ~.-~~1 ApPROVAL RECOMMENDED: Did. Right of Wa'Y Agent -.---'1..-.-----------------------------------------.---------------- ... ~ Right of Wa'Y Clearance Agent Owncr_ ApPROVED: STATE OF CALIFORNIA DEPARTMENT OF PUBLIC WORKS DIVISION OF HIGHWAYS By_________________________.__________________________----_____________ DUt1"1ot ~r EST. 19&3. 1l759l 2_62 lllM <D SPO . A I .... ., '-' -........". APPENDIX A During' tIll' performancp of thi:;; ('ontraet, tlw C'ontractor, for itself, its 8ssig-DC"PS and SlH'('f'S~Ors in int{'n~st \hi~reinaftt'r rf'ferred to as the "contrac- tor"), agrf'es as follows; (1) Compliance with RegulatioliS: Thl' ('c.:1trador will comply with the Rrg'ulations of the Df'parttnpnt of Cnmnwree relative to nondiscrimina. tion in fedprally-assist('(l prog-ram:-: of the Df'partment of Commerce (Tit}!' 1;', Codi" of .E<-'N}t'l'aJ Rt'g't:latioli';~ Part 8, hereinafter referred to as the Rf'gnlatiolls), which are h<:,rf'ln incorporated by reference and mad€' a part of this contrile!. (2) Nondiscrimination: 'rhr ('ontractor, witl] regard to the work performed by it after award alaI prior to eompli"tion of the contract work, will not dist'riminatr- on th{' ground of ract', color, or national origin in the selection and rf'tentionof subcontractors, including procurements of materials and ll-'asps of equipment. The contractor will not participate either direetly or indirc(.tly in the discrimination prohibited by Section 8.4 of tht> Regulations, including employment pr~ctices when the con. tract covers a program set forth in Appendix A-II of the Regulations. (3) Solicitations for Subcontracts, Including Procurements of Materia.1s and Equipment: Tn all solicitations either by eompetitive bidding or negoti- ation made by thl' contractor for work to be performed under a sub- contract, including procarements 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 or 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 Departmeut or the Bureau of Public Roads to be pertinent to ascertain compliance with such Regulations, orders and instructions. \Vhere 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 shaH 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 thc contractor under the contract until the contractor complies, and/or (b) cancellation, termination .Or suspension of the contract, in wbole or in part. (6) Incorporation of Provisions: The contractor will include the provisions of paragraph (1) through (6) in ewry subcontract, including procure- ments of materials and leases of equipment, unless exempt by the Regu- lations, order, or instruetions issued pursuant thereto. The contractor will take such action with resp('(.t to an~' subcontraet or procurement as the State Highway Departml'nt or thl' Bureau of Public Roads may direct as a means of enfort.iug such provisions including sanctions for noncompliance: Provided, howevrr, that, ill tlH' event a contractor be- comes involved in, or is threatened with, litigation with a subcontractor or supplier as a resnIt of such direc.tioll, tll{' contractor may rf'quf'st the State to enter into sueh litigation to protl'ct the interests of the State, and, in addition, the contrador may request the united States to enter into such litigation to protect th", interests of the United States.