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CC Resolution No. 33RESOLUTION ADO. A RESOLUTION OF THE CITY CGTINCIL OF I` iE CITY OF CUPEi3TINO GRANTING CONSENT TO THE CUPEHTINO SANITARY DISTRICT TO CONSTRUCT SANITnHY SEWERS IN THAT FiHT OF THE HOMESTEAD ROAD DETWEIN LAWRENCE Si TION ROAD ANL ST:ELLING ROAD, 'WHICH MhY LIE IN THE INCORPORATED AREA OF THE CITY OF CUPERTINO. HOMESTEAD 19`"56 -1 SEWER PROJECT WHEREAS, the Acting Secretary of the Cupertino Sanitary District has filed with this City Council of the City of Cupertino a copy of a resolution duly signed and certified by him wherein the District Board did find that the location of the Cupertino Sanitary District is such that it cannot be adenuately or conveniently provided with conduits unless it constructs and maintains certain connecting conduits in, across and along certain streets or other public places which may lie in the Incorporated area of the City of Cupertino, and that the public interest, convenience and necessity re^uire that the Cupertino Sanitary District construct sanitary sewer mains, together with standard manholes capped with cast iron frames and covers, together with auxiliary structures necessary to complete same in Homestead Road from Lawrence Station Road to Smelling Road, and did therein request that consent be granted to said Cupertino Sanitary District by this City Council to construct and maintain that part of said sewer line which will be constructed in roads which may lie in the incorporated area of the City of Cupertino. NOW, THEREFORE, BE IT nESOL` ED AND ORLEHED AS FOLLOWS: (1) Consent be, and the sane is hereby granted to the Cupertino Sanitary District for the construction of said sanitary sewer line as more particularly described above and to open said roads which may lie in the incorporated area of the City of Cupertino. -1- (2) All work pertaining to said project shall be done under the direction of the District Engineer of said Cupertino Sanitary District and to the satisfaction of the City Engineer of said City and in conformity with good engineering practice, as follows: EXCAV4TION Excavation of trenches adjacent to the existing pavement shall be conducted on but one side of - ;he pavement !t a time, and no excavation shall be started on the opposite side until the trench first excavated has been filled. Suitable passage way for public traffic shall be provided at all times. Whenever the contractors' operations create conditions hazardous to traffic or to the public, the contractors shall take the necessary precautions and provide adequate means to protect those who must pass over or through the work. BACKFILL Compaction of backfill may be made by mechanical me.p�ns or by Jetting. No ,jetting will be allowed within two (2) feet of the surface. Compacted imported borrow shall be placed alohg the entire ditch section with minimum thickness of twelve (12) Inches and prior to laying the armor cost of Plant Mix Surf -,cing pavement as the case rn,y be a t -ct coat of S.C. #1 road oil shall be applied to the surface of the existing trench, prior to paving at the rate of 1/4 of a gallon to the square yard. RESTORATION OF PAVEMENT All cuts in the existing pavement shall be restored to its original condition - ,)s to line, gr=ade, type and depth of existing pavement as existed prior to exc- vation. On Armor Coat pavements, a minimum of three (3) inches of plant mix surfacing may be substituted for oil and screenings type of pavement in the trench section. -2- IMPORTED BORROW Imported borrow shall conform to the provisions of Section 12, Chapter VIII, Articles (c) (d) and (e) of the Standard Specifications of C911fornia Division of Highways, January, 1949. MISCELLANEOUS The contractors shall protect the adjacent property owners from any damage to property and dust nuisance arising from their operations. The final acceptance of the job will be subject to the approval of the City Engineer. (3) The Cupertino Sanitary :District shall indemnify and waive harmless the City of Cupertino, its officers and employees from any suits, claims or actions brought by any person or person for or on account of any Injuries or damages sustained or arising out of the construction of the work hereinabove described or in consequence thereof. (4) The formal award. of a contract by the Cupertino Sanitary District for the construction of - ;he work hereinabove described shall constitute acceptance of the terms and conditions of this consent without formal acceptance thereof by the Cupertino Sanitary District. (5) The City Clerk be, and lie is hereby directed to file with the Manager of the Cupertino Sanitary District a copy of this resolution to be signed and certified by him. PASSED AND ADOP'T'ED BY THE City Council of the City of Cupertino, State of California, this 19th day of November, 1956 by the following vote: AYES: Councilmen, tainaenmeyer, Nathanson, �:�iG 1, w'eyerholz, ��ilson NOES: Councilmen, ABSENT: Councilmen, 1 City Clerk Signed and approved thi day of November, 1950 /S/ Warner M. Wilson _ Mayor of the City of Cupertino