HomeMy WebLinkAbout1984-213 Amend Utilities agreement SBMWD to relocate water line in conflict w construction of Tippecanoe Ave Bridge1
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P,ESOLUTION. NO. QA 0.1'
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
XECUTION OF AN AIIENDMENT TO UTILITIES AGREEMENT WITH THE SAT? BER-
ARDINO MUNICIPAL WATER DEPARTMENT RELATING TO RELOCATION OF A 16-
NCH WATER LINE IN CONFLICT WITH CONSTRUCTION OF THE NEW TIPPECANOE
.VENUE BRIDGE OVER THE SANTA ANA RIVER.
BE IT RESOLVED BY THE MAYOR AND COP".40N COUNCIL OF THE CITY OF
BERNARDINO AS FOLLOWS:
SECTION 1, The Mayor of the City of San Bernardino is hereby
uthorized and directed to execute, on behalf of said City, a
tilities agreement with San Bernardino Municipal ``later Department
elating to relocation of a 16-inch steel water line in conflict
ith construction of the new Tippecanoe Avenue Pridge over the
anta Ana River which agreement is attached hereto, marked Exhibit
A." and incorporated herein by reference as fully as though set
orth at length.
SECTION 2. The agreement shall not take effect until fully
igned and executed by both .parties. The City shall not be
bligated hereunder unless and until the agreement is fully exe-
uted and no oral agreement relating thereto shall be implied or
uthorized.
I HEREBY CERTIFY that the foregoing resolution was duly adorte
y the Mayor and Common Council of the City of San Bernardino at a
regular meeting thereof, held on the 4th day of June ,
984, by the following vote, to wit;
AYES; Council Members Castaneda, Reilly,'Hernandez
Turks, Frazier, Strickler
NAYS: None
ABSENT; Council Member Quiel
'City Cl(f-rk
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The foregoing resolution is hereby approved this
of June _ , 1984.
Approved as to form:
City Attorney
r TT the Ci
n bernaraino
day
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UTILITIES AGREEMENT
THIS AGREEMENT, made and entered into this 1,51-k day of`.� ,
1984, by and between the City of San Bernardino, a municipal corporation,
hereinafter called "City," and the San Bernardino Municipal Water Department,
hereinafter called "Owner."
WITNESSETH:
WHEREAS, City plans to construct a new bridge for Tippecanoe Avenue,
over the Santa Ana River; and
WHEREAS, Owner has acquired Permit No. P-169066 from the San
Bernardino County Flood Control District, dated October 1, 1969; and
WHEREAS, Owner has installed a 16 inch steel water line pursuant to
the authority granted by this permit; and
WHEREAS, the water line installed under the above referenced permit..
is in conflict with the planned new structure and will have to be relocated in
order to facilitate construction; and
WHEREAS, City and Owner desire to set forth the terms and conditions
under which relocation of the water line will be accomplished.
NOW, THEREFORE, for and in consideration of the covenants and
conditions hereinafter contained, the parties hereto agree as follows:
I. Relocation is required of the existing 16-inch steel water
lines of Owner, cost of which is to be borne by the City because of Owner's
1� documented right-of-way.
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2. The water line
shall be taken out of service by Owner upon
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! start of construction
of the
new bridge.
A new 16-inch steel water line
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shall be installed in
the new
bridge and
roadway approaches, and connected
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to the existing water
i
line in
accordance
with approved Plan No. 6358.
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3. City agrees to
include the
herein -described work in the
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construction drawings
and have
the work
performed under the contract.
EXHIBIT "A"
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4. The City shall pay all costs incurred for the herein -described
work. It is understood and agreed that the City will not pay for any better-
ment or increase in capacity of Owner's facilities in the new location and
that Owner shall give credit to the City 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. The estimated cost of work by City
is $103,600.00.
5. It is understood that said highway is a Federal -Aid highway
and, accordingly, FHPM 1-4-4 is hereby incorporated into this Agreement.
6. City 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.
7. City hereby acknowledges the priority and permanency of
Owner's title by virtue of Permit No. P-169066 from the Flood Control District
Owner's rights within the space provided in the new bridge shall be no less
than its right under the permit, which includes but is not limited to the
right to install, reconstruct, maintain and operate the aforementioned 16-
inch water lines.
WATER DEPARTMENT
Approved as to form:
City Attorney
rTTV nG cnni RFaniADnrnin
ATTEST:
C4ty Clerk
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APPE'NMN A,
Ouring tile. per•tciriminc:e cif t.hi:i contract, this contractor, for io elf, its
SIN'Signevs am.1.stieves:4urs in interest (hervitiafter referred to Its the.` "colt -
tractor") iy;rces its follows:
(1) Gimpli: iic•ce c.ith itepilatioits: The contractor shall comply c�, it.h the
flegulat.iims relative to nondiscrimination in hcilc�rally ;i�sistcci
progratils of the Department of Transportation Title 1:l, Code of -
Federal tegulations, Part ` 1, as they niny be anicnded from time to
time, (hereinafter referred to as the Negulation ), which are herein
incorporated by refert,nce and tirade.= a part of this contract.
(2) Nondisc.riniinatimi: The contractor, with .egard to the work performed
by it during, the contract., shall not discriminate on the grounds of
race, color, or national wi tin in the selection and retention c,f
contractors, including procurements of inaterial and leases of equip-
inent. ?'h(, contractor shall not participate either directly or indirectly
in the discrimination prohibited by Section 21.i of thv'Regulation"
including employment practices when the contract covers a program
set loth in Appendix S of the "egalations.
(3) Solicitations for Subcontracts. Inc-ludiv 1lroeurcntettts cif Materials
and Equipment: In all solicitations, either by competitive bidding or
negotiation made by the contractor for work- to be performed under a
subcontract, including procurements of materials or leases of equip-
ment, each potential subcontra: tar or supplier shall be notified by
the contractor of the contractor's obligations under this contract and
ations relative to nondiscrimination on the grounds of race,
the Psgul
color or national origin. .
(4) Information and Reports: The contractor shall provide all information
and reports required by the Regulations, or directives issued pttrsu::nt
thereto, and shall permit access to its books, records, accounts,
other sources of information, and its facilities as may be determined
by tl:a State Highway Department or the Federal Highway Adminis-
tration to be pertinent to ascertain compliance with such Regulations
or directives. 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 Federal Highway Administration 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 non-
compliance with the nondiscrimination provisions of this contract,
the State Ifihhway Department shall impose such contract sanctions
as it or the Federal Highway Administration may determine to be
appropriate, including, but not limited to:
(a} withholdint., of payments to the contractor under the contract
until the contractor complies, and/or
(b) cancellation, termination or suspension of the contract, in whole
or in part.
(�) Incorporation of Provisions: The contractor shall include the pro -
Visions of paragraph (1) through (6) in every subcontract, including
procurements of materials and leases of equipment, unless exempt
by the Regulations or directives issued pursuant thereto. The con-
tractor will tale such action with respect to any subcontractor or
procurement as Lite State Ilighway Department or the Federal high-
' wily Administration may direct as n means of enforcing such pro-
visions including sanctions for noncompliance: Provided, however,
thr.t, in the +:vent it contractor becomes involved in, or is threatened
faith, litigAGol► with a Subcontractor or supplier its a result of such
:l1rC4.6:l1i,. the: Lotrt;actor may request the State Iiighway' Department
to' enter into such litigation to protect the interest of the, :Mute, and,
=r �-''1'';'�n, ..`ic contractor may request Lite United ;states to enter
into sucl► lititration to protect the interests of tho united Mates.
F011M 14-IC-31 171121