HomeMy WebLinkAbout1978-09-05; City Council; Resolution 55211
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RESOLUTION NO. 5521
A WSOLUTION OF TIEE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALTFORNTA, AUTHORTZING AND DIRECTING THE MAYOR TO EXECUTE A
UTILITIES AGREEMENT FOR THE RELOCATION OF SEWER FACILITIES IN ELM AVENUE.
The City Council of the City of Carlsbad does here-y resolve
as follows:
1. The Mayor of the City of Carlsbad is hereby authorized
and directed to execute, on behalf of the City of Carlsbad, that
certain Utilities Agreement with the State of California, Depart-
ment of Transportation, for the relocation of sewer facilities
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 : Councilmen Packard, Skotnicki , Anear, Lewis and
NOES : None Counci lwoman Cas1 er
ABSENT: None
ATTEST:
( SEAL 1
OWNER FILE
FORM DH-ORW 89 (REV. 7-73>
STATE OF CALIFORNIA
DEPARTMENT OF TIIANSPORTATION
INTERSTATE ._ _______ ~ _____ _________ __._._.___ __ _______ ~ _____ ~ .__.-. ....
NON-INTERSTATE NOTICE NO .... ________ ~ _______________ ~ ~ ________..__.....- I OWNER’S FILE NO .___ __ ______.
Sheet 1 of 3 Sheets
UTILITIES AGREEMENT NO ..__ ?!3%!! _________
FIRST PARTY:
SECOED PARTY:
State of California, acting by and through its Department of Transportation, hereinafter
called STATE.
CITY OF CARLSBAD
.I
hereinafter called OWNER,
Relocation is required of certain utiIity facilities of OWNER, cost of which is to be borne by STATE because: The existing facilities are lawfully maintained in their present loca- tion 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, adjust and/or rearrange sewer facilities to accommodate 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. 23914-Rev. dated
December 30, 1977, OWNER shall furnish, install and adjust exist- ing sewer facilities to a position to clear the proposed drainage project.
Minor deviations from the above described relocation may be made
and incidental work performed by the OWNER ox the STATE, when
mutually acceptable to both parties and upon approval by the STATE Engineer e
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.
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2SD-5, 50.1 lities Agreement No. 23914 et 2 of 3 Sheets
11. PAYMENT:
The STATE shall pay its share of the actual cost of said reloca- tion within 90 days after receipt of an itemized bill in quintu- plicate, signed by a responsible official of OWNER'S organizatfon,
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 account- ing principles.
The final billing shall be in the form of an itemized statement of the total costs charged to the project, less the credits pra- vlded 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.
.- .e
ESTIMATE OF COST:
.. "IJ a, diu<.
Utilities Agreement No. 23914 Sh-3 of 3 Sheets
Right of Way E.A. 039712 - $630.71
Estimated Cost to STATE $ ________._.__ 630.71 ~ ~ ____
OWNER agrees to perform and STATE agrees to pay for the above-described work in accordance with
IN WITNESS WHEREOF, the parties have executed this agreement the day and year 6rst above written.
APPROVAL RECOMNEIWED :
CITY OF CARLSBAD
APPROVED:
LEW :mmb