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HomeMy WebLinkAbout10217 1 RESOLUTION N0.'�,1' __� 2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNAR- DINO AUTHORIZING THE EXECUTION OF UTILITIES AGREEMENT NO. 3563 BETWEEN SAID CITY 3 AND THE STATE OF CALIFORNIA, DEPARTMENT OF PUBLIC WORKS, DIVISION OF HIGHWAYS, 4 RELATING TO THE RELOCATION OF CERTAIN UTILITY FACILITIES OF SAID CITY. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BER- 5 NARDINO AS FOLLOWS: 6 SECTION ONE: That the City of San Bernardino execute an Agreement be- 1 tween said city and the State of California, Department of Public Works, Division 8 of Highways, relating to the relocation of certain utility facilities of said 9 city. 10 SECTION TWO: That the said Agreement referred to herein, a copy of 1 11which is attached hereto, marked Exhibit "A" and referred to and made a part here- 1 2 of as fully as though set out at length herein, is hereby approved. 13 SECTION THREE: That the Mayor of the City of San Bernardino is hereby 14 authorized and directed to execute said Agreement on behalf of said city. 15 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the 41 16 layor and Common Council of the City of San Bernardino at a r /� ,� r 17 eeting thereof, held on the,2:�-' day of 1970, 18 y the following vote, to wit: 19 AYES: Councilmen � - 20 f 21s � NOES: � 22 ABSENT: 23 24 25 "" City er I The foregoing resolution is hereby approved this da of 26 y 27 1970. 28 29 Mayor of the City of n Bernardino 30 Approved as to form: 31 F L r '5� 32 ,. c APR 21 1970 City A ' orney LUCILLE GOFORTH � �, ,. icy Clerk FORM HR/W.39 (REV.2-66) STATE OF CALIFORNIA Dist County RM P.M. E.A. DEPARTMENT OF PU)BIJC WORKS DxvisioN OF HIGHWAYS 08 SBd 30 25.1/27.8 045339 03406 INTERSTATE------------------_—_.—_____._________._ SOURCE CODE NO.-- NOTICE NO.____._3563 OWNER'S ME NO.--- 3-.105 3563 UTILITIES AGREEMENT FIRST PARTY: State of California, acting by and through its Department of Public Works, Division of Highways, hereinafter called STATE. SECOND PARTY: CITY OF SAN BFAMUINO ------------------------------------------------------ -------------------------- —----------------------------------------------------- hereinafter called OWNER. 1. Relocation is required of certain utility facilities of OWNER, cost of which is to be borne by STATE because: of the provisions of Section 703 of the Streets and Highways Code. Il. WORK TO BE DONE CONSISTS OF THE FOLLOWING: I-a accordance with Notice to Relocate No. 3563 (dated April 3, 1970), Owner shall furnish and install approximately 214' of 15" vitrified clay sewer pipe and three Type "B" manholes under and across the freeway at E.S. 833+00 t improvement. All Work shall be done substantially in accordance with Owner's Plan No. 4090 (dated April 1, 1970) which consists of one sheet, a copy of which is on file in the District Office of the Division of Highways at 247 West Third Street, San Bernardino. Minor deviations from the above-described work may be made and incidental work performed by the Owner when mutually acceptable to both parties and upon approval by the State. 111. Owner agrees to perform the herein described uark with Owner's OUM forces and to provide and furnish all necessary labor, materials, tools and equipment required therefor, and to prosecute said work diligently to completion. IV. The State shall pay its share of the actual cost of said relocation within 90 days after receipt of an itemized bill in quintuplicatep signed by a responsible official of Owner's organization, compiledon 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 Ais such that IV. (Continued) the cost and expense properly attributable to work covered by this Agreement can be identified. Owner's records shall be made available to State auditors for verification of bills presented. It is understood and agreed that the State will not pay for any betterment or increase in capacity of Owner's facilities and that Owner shall give credit to the State for all accrued depreciation on the replaced facilities and for the salvage value of any material or parts salvaged and retained or sold by Owner. Estimated Cost to STATE OWNER agrees to perform and STATE agrees to pay for the above described work in accordance of- the Streets and-Highways--eode. ----------- IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. irTiv 4z&w_1uMb1ATW No Mayor Pro Tempore"', APPROVAL RECOMMENDED: Dist. Right of'Way Agent City )Clerk Right of Way Clearance Agent---- STATE OF CALIFORNIA APPROVED: DEPARTMENT OF PUBLIM WORKA DrvisJON OF FLGHWAYS District Engineer EST.4559.31467-500 4-69 10M(D OSP