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HomeMy WebLinkAbout1979-05-01; City Council; Resolution 57574 * 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 19 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 5757 A RESOLUTION OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING AND AUTHORIZING THE EXECUTION OF THE FIRST AMENDMENT TO UTILITIES RELOCATION AGREEMENT NO. 23765 TO COVER A COST OVERRUN IN PERFORMING SERVICES FOR THE STATE DEPARTMENT OF TRANSPORTATION BE IT RESOLVED by the City Council of the City of Carlsbad, California as follows: 1. That Utilities Relocation Agreement No. 23765 executed on April 19, 1977 between the City and the State Department of Transportation estimated the cost for services to be $6710 and that a cost overrun of $1679.73 resulted in a total of $8389.73 to be paid to the City by the State. 2. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute the First Amendment to said agreement for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California held on thelst day of May , 1979, by the following vote, to wit: AYES : Councilmen Packard, Skotnicki, Anear, Lewis and NOES : None Counci lwoman Cas1 er ABSENT : None ATTEST: (SEAL) _C.. I. e OWNER FILE' e- l A - SD - 5 50.1 039719 UTIL'fTY NO. 23765 FIRST AMENDMENT AP?ENDlfENT TO UTILITIES AGREEMENT NO. 23765 WHEREAS, the CITY OF CARLSBAD, hereinafter called OWER, and the STATE OF CALIFORNIA, acting by and through its Department of Transportation, hereinafter called STATE, have entered into that certain Utilitie-s Agreement dated 4/19/77, which Agreement sets forth the terms and conditions pursuant to which OWNER has ~ebocated water facilities to accommodate the construction of Highway Project Road l%-SD-5, drainage improvement at Elm Avenue; and WHEREAS, in the performance of said relocation work, increased costs over and above those estimated at the time of the execution of said . Agreement were incurred: Due to minor repair work in trench areas done by City forces in lieu of the Highway Contractor, the cost n~t included in their original estimate of cost; and WEREAS, the estimated cost of the work to be performed under Utilities Agreement No. 23765 was $6,710.00 and, by reason of the increased costs referred to above, the actual cost was $8,389.73; NOW THEREFORE, it is agreed between the parties as follows: 1. The estimated cost of $6,710.00 set forth in said Agreement fi~ 2. All other terms and conditions of said Utilities Agreement re- hereby amended to read $8,389.73. main unchanged. ~ . .2 - .I 1 . .', 4.. c. .. .- e- .. . . ... . .. . _- _.I. __I_- 0 11-SD-5, 50.1 Utility Agreement No. 23765 Page 2 IN WITNESS WHEREOF, the parties hereto have executed this Amend& Utilities Agreement this day sf s 1979. APPROVAL RECBP"iF/IEMDED : Packard. Mayor xona I a c BY Y STATE OF CALIFORNIA DEPARTmNT OF TMNSPOR'EATION Deputy District Director Right of Way BY DbstXict Director OB: Transportation Right oQ Way Clearance Agent APPROVED : LEW/mmb