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HomeMy WebLinkAbout1996-03-26; City Council; Resolution 96-1021 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 7 l8 19 20 21 22 23 24 25 26 27 28 a 0 RESOLUTION NO. 96-102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD CALIFORNIA, APPROVING AN AGREEMENT WITH SFPP FOR THE RELOCATIOF OF THE 10" FUEL LINE ON OLIVENHAIN ROAD, PROJECT NO. 3466. WHEREAS, the City Council of the City of Carlsbad, California, hereby finds it ne1 desirable, and in the public interest to widen Olivenhain Road; and WHEREAS, an agreement with SFPP to relocate it's 10" fuel line has been prep2 submitted hereto; and WHEREAS, SFPP will relocate the 10" fuel line within time allowed in the agreerr cost not-to-exceed $86,000; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of C California, as follows: 1. That the above recitations are true and correct. 2. That the Mayor is hereby authorized and directed to execute said agre attached as Exhibit 4. 3. That the Finance Director is authorized to issue a check in the amount of payable to Santa Fe Pacific Pipeline for the relocation of the 10 fuel line. Ill Ill Ill Ill Ill Ill Ill Ill 111 Ill 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1’6 17 18 19 20 21 22 23 24 25 26 27 28 0 0 4. The City Clerk of the City of Carlsbad is hereby authorized and directed tc a copy of the executed agreement to Santa Fe Pacific Pipeline, Attention: Craig Rc 888 South Figueroa Street, Los Angeles, CA 90017; and to the Engineering Der Attention: Pat Entezari. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad Citl held onthe 26th day of March , 1996 by the following vote, to wit AYES: Council Members Nygaard, Kulchin, Finnila and Hall NOES: None ABSENT: Mayor Lewis ATTEST: (SEAL) ALETHA L. RAUT 0 0 PIPELINE umiw AGREEMENT \ THIS AGREEMENT, made and entered into as of the 2nd day of APRIL , 19% by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to a "CITY", and SFPP, L.P., a limited partnership, successor in title and interest in and to all of thc rights, assets and obligationsformerly held by SOUTHERN PACIFIC PIPELINES, INC., in its OWI name, hereinafter referred to as "SFPP." RECITALS WHEREAS, CITY will design and construct the Olivenhain Road Widening, Project No 3466; and WHEREAS, SFPP owns a pipeline which is placed in both the existing roadbed/Right 01 Way and a private easement with prior rights; and WHEREAS, CITY desires SFPP to relocate said pipeline, at City expense, to remain in saic private easement, but also within City's Right of Way as shown on SFPP Dwg. NO. E-1 22-47291 P1. NOW, THEREFORE, CITY and SFPP do hereby agree as follows: 1. Within fifteen (1 5) days of plan submittal, SFPP shall relocate said pipeline in the right-of-way (hereinafter referred to as the "relocation"), in accordance with SFPP Drawing No. E-122-47291 P1. 2. The relocation shall be done at the sole direction of SFPP who shall be solely responsible for the performance of work thereunder. 3. CITY shall pay SFPP the actual cost of the relocation. Said cost is estimated to be $86,000 including contractor's charges, equipment and materials, company labor and engineering including labor additives, as well as 20% for administrative overhead costs. The contract for the work shall be awarded and performed on a bid basis. 0 4. SFPP shall cause its contractor to name the City as additional insured on t policy of insurance. 5. CITY shall deposit the estimated cost ($86,000) priorto ordering of material. Wh the final accounting of actual cost is completed, an itemized billing will be submitted to CITY f review, together with an invoice for additional cost, if any, or SFPP’s check to reconcile ai difference between actual and estimated cost. SFPP shall maintain records for three years of tt actual costs incurred and charged or allocated to the work in accordance with generally acceptc accounting principles. 6. This instrument contains the entire agreement between CITY and SFPP wH respect to payment to SFPP for said relocation cost. Any agreement or representations, nc expressly set forth in this instrument, are null and void. 7. This agreement shall not in any way alter, modify or terminate any of SFPP’ superior rights in said areas. 2 0 0 8. This agreement shall commence on the first set forth above and shall be in effed I until final payment for the pipeline adjustment work is made. Executed by Contractor this 4th day of March , 19%. CITY OF CARLSBAD, a municipal corporation of the State of California SFPP, LP. SANTA FE PACIFIC PIPELINES, INC., B " (sign here) v W. M. White, Vice President A , ALL%*% B. H. Devos Ill, Secretary (print name/title) (Proper notarial acknowledgment of execution by Contractor must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. I only one officer signs, the corporation must attach a resolution certified by the Secretary o assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: City Clerk RONALD R. BALL z-z7y% *L APPROVED BY LAW DEPT. 3 CALIFORNIA ALL-PUR a E ACKNOWLEDGMENT 0 State of California County of LOS Angeles March 4, 1996 Kathlyn S. Ibaraki, a Notary Pub1 before me, Date Name and Ktle of Offlcer (e.g., ‘Jane Doe, Notary Publc”) W. 3. White and B. H. DeVos I11 personally appeared mersonally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(! whose name(s) idare subscribed to the within instrumel and acknowledged to me that he/she/they executed thl same in his/her/their authorized capacity(ies), and that b his/her/their signature(s) on the instrument the person(s; or the entity upon behalf of which the person(s) actec executed the instrument. Name@) of Signer@) Signature of Notary Public Though the information below is not required by law, it may prove valuable fo persons relying on the document and could prevent fraudulent removal and reattachment of this fonn to another documenf. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) PIPELINE UTILITY AGREEMENT 0 individual I? Individual 0 Corporate Officer 0 Attorn e y- i n- Fact 0 Guardian or Conservator 0 Attorney-in-Fact Signer Is Representing: Signer Is Representing: Reorder Call Toll-Free 1-8( 0 1994 National Notary Associallon * 8236 Rernmel Ave , PO Box 7184 * Canoga Park. CA91309 7184 Prod No 5907