HomeMy WebLinkAbout1978-09-05; City Council; Resolution 5520The Ci
1s follows:
mSOLUTION NO. 5520
A RESOLUTION OF THE CITY COUNCIL OF THE
CTTY OF CARLSBAD, CALIFORNIA, AUTHORTZTNG
AND DIRECTING T€€E MAYOR TO EXECUTE A
UTILITIES AGREEMENT FOR THE RELOCATION OF
ELECTRICAL FACILTTIES IN ELM AVl3NUE.
:y Council of the City of Carlsbad does hereby resolve
1. The Mayor of the City of Carlsbad is hereby authorized
ind directed to execute, on behalf of the City of Carlsbad, that
Zertain Utilities Agreement with the State of California, Depart-
nent of Transportation, for the relocation of electrical facilitie:
in Elm Avenue, a copy of which is attached hereto and by this
reference incorporated herein.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad, California, held the 5th
day of September , 1978, by the following vote, to wit:
AYES :
NOES : None
Councilmen Packard, Skotnicki, Anear, Lewis and Councilwoman Casler
ABSENT: None
ATTEST :
(SEAL)
OWNER FILE
FORM DH-ORW 38 (REV. 7-73)
STATE OF CALIFORNLA
DEPAIKMCNT OF TRANSPORTATION
INTERSTATE.-. ________ ~ _____ ~ ____ ~ __._. ~ ..__ ~ _.______. _____ ___._ ~ __._ __ NON - INTERSTATE
NOTICE NO .____________________________ ~ ~
11-440 SOURCE CODE NO ~ __________ ~ ____ ~ ______ -
23913 UTILITIES AGREEhifENT NO .------------------------
FIRST PARTY: State of Califomia, acting by and through its Department of Transportation, hereinafter
called STATE.
SECOND PARTY: CITY OF CARLSBAD
hereinafter called OWNER. *.
Relocation is required of certain utility facilities of OWNER, cost of which is to be borne by STATE because: The existing facilities are lawfully maintained in their present location and qualify for relocation at STATE expense under the provisions of Section 703 of the Streets and Highways Code.
I. WORK TO BE DONE:
Install, remove and/or rearrange electrical facilities to accommo- date freeway construction on Road ll-SD-5, drainage improvement at Elm Avenue as follows:
BY OWNER (100% STATE expense)
In accordance with Notice to'Relocate No. 239'13 dated December 23, 1977, OWNER shall furnish, install and adjust existing electrical facilities to a position to clear the proposed drainage praject,
Minor deviations from the above described relocation may be made and incidental work performed by the OWNER or the STATE, when mutually acceptable to both parties and upon approval by the State Engineer
OWNER agrees to perform the herein described work with its own forces and to provide and furnish all necessary labor, materials, tools and equipment required therefor, and to prosecute said work diligently to completion.
, i
11-SD-5, 50.1 Util' ies Agreement No. 23913 Shea of 3 Sheets
11. PAYMENT:
The STATE shall pay its share of the actual cost of said relocation
within 90 days after receipt of an itemized bill in quintuplicate, signed by a responsible official of OWNER'S organization, compiled on the basis of the actual cost and expense. The OWNER shall maintain records of the actual costs incurred and charged or allocated to the project in accordance with recognized accounting principles.
The final billing shall be in the form of an itemized statement of the total costs charged to the project, less the credits pro- vided for in the agreement, and less any amounts covered by progress billings.
Detailed records from which the billing is compiled shall be re-
tained by the OWNER for a period of four years from the date of the final bill and will be available for verification by STATE
auditors.
/*. ,
c
ESTIMATE OF COST:
No. 23913
Right of Way E.A. 039722 - $1,388.55
APPROVAL RECOMMEXVED: . BY
Deputy District Director, Right of Way
STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
By District Director of Transportation
LEW : mmb