HomeMy WebLinkAbout1984-04-17; City Council; Resolution 75701
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RESOLUTION NO. 75 70
0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A WORK AUTHORIZATION FOR SOUTHERN
GAS LINE NECESSARY FOR THE CONSTRUCTION OF THE POINSETTIA LANE BRIDGE (PROJECT NO. 3079).
CALIFORNIA GAS COMPANY FOR THE RELOCATION OF A 12-INCH
The City Council of the City of Carlsbad, California, does hereby resolve as
i=ollows:
1. That certain work authorization for Southern California Gas Company for
relocation of a 12-inch high-pressure gas line required for the Poinsettia Lane
3ridge construction, a copy of which is attached hereto and incorporated herein
3y reference, is hereby approved.
2. The Mayor of the City of Carlsbad is hereby authorized and directed to
2xecute said work authorization for and on behalf of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the
Zity of Carlsbad held the 17th day of ~p ril , 1984, by the following
dote, to wit:
AYES: Council Members Casler, Lewis, Kulchh and Prescott
4TTEST: -
" MARY H. CYLER, Mayor
(SEAL)
7
l!B 0 SOUTHERN CALIFORNIA S COMPANY - CQLLECTIBLE JORK AUTHORIZATION
To: Southern California Gas Company Serial No.: P
8141 Gulana Avenue
Playa del Rey, California 90293 File No.: GWO 90325 NR
Attention: Mr. T. L. Chemberlen, General Superintendent
projectTitle. Relocate 400' + of 12-3/4" Line NO. 1026 to Accommodate Poinsettia Lane
Overpass, City of Carlsbad
The Southern California Gas Company (hereafter "Company"), is authorized to alter its facilities, and City Of
Car 1 s bad (hereafter "Purchaser") agrees to reimburse the Company for the cost of the
To Accommodate New Overhead to A.T.ES.F.R Lnttin TWil, Ili+v.
The work contemplated and estimated reimbursable costs ore:
1 + of 13 -??,/411 _, Hiph Preq4,,fP Nn+,,rnl Qs pi- work in connection with the- of 400 - " A
Carlsbad.
1. Remove 360' -t of 12-3/4" Pipeline: $1 03,350
2. Abandon 20' - 7 of 12-3/4" Pipeline: 140
3. Install 400' - + of 12-3/4'? Pipeline: 2,540
Total Costs: -$1o6,030
IT IS UNDERSTOOD AND AGREED that the above description is general in nature, that this authorization covers all work necessitated by the proposed project, and
that deviation from the above description may be made by the Company to meet the practical requirements of installation such as safety, avoidance of substructures,
government authority and Environmental Impact Reports when required.
Requests for changes in the above described work for the convenience of the Purchaser moy be rejected by the Company. If such chonges are accepted, the Purchaser
agrees to reimburse the Company for the actual cast of such work unless otherwise agreed to in writing.
THE ABOVE ESTIMATE IS FURNISHED ONLY FOR THE CONVENIENCE OF THE PARTIES HERETO. IT IS INTENDED TO REFLECT THE COMPANY'S GENERAL PAST
EXPERIENCE OF THE COST OF SIMILAR WORK UNDER FAVORABLE CONDITIONS. BECAUSE OF UNFORESEEN CONTINGENCIES AND OTHER FACTORS, THE
ACTUAL COST MAY BE CONSIDERABLY HIGHER OR LOWER THAN THIS ESTIMATE. THEREFORE, THE ESTIMATE IS NOT TO BE CONSIDERED A WARRANTY BY
THE COMPANY OF THE ACTUAL COST.
The octuol cost, any agreed unit cost or any firm estimate shall include overhead costs contained in the Company's appropriate billing formula.
Payment is due and payable upon presentation of a bill to City of Carlsbad
in case of defoult or delay in payment, City of Carisbad
shall pay to the Company all costs and expenses incurred in the collection of any sum due, including attorney's fee and court costs. A deposit of $53.015
has been made by the Purchaser as payment toward all costs to be incurred by the Company for work performed pursuant to this agreement. Purchaser ogrees to
pay, upon presentation, each billing issued for work completed and to make additionol advance deposits of $ each whenever the Company
determines the cost of the work completed has substantially equalled the amount of the deposit. If actual cost exceeds the deposit(s), the Purchaser shall pay the
Company the difference; if the total cost is less than the deposiys), then the Company shall refund the difference.
The Purchaser agrees that any excavation mode by him that is to be entered by Gas Company employees, agents or subcontractors in performing the work covered
by this agreement shall conform to all requirments of State of California Construction Safety Orders, particularly the provisions of Article 6, Sections 1539 through
1547, which relate to the safe construction of trenches and excavations.
The Purchaser further agrees to take all reasonable care in protecting the Gas Company's property from damage, including the use of procedures which will not
place undue strain on pipes during excavation and backfill or couse damage to pipe protective coatings.
The Purchaser shall also indemnify the Gas Company against, and save and hold it harmless from, any and oil liability, claims, demands, damages and costs of
every kind and nature for injury to or death of any and all persons, including, without limitation, employees or representatives of the Gas Company or of the
Purchaser, or any other person or persons, and for damage, destruction or loss, consequential or otherwise, to or of any and 011 property, real or personal, including,
without limitation, property of the Gas Company or of the Purchaser, or of any other person or persons, resulting from or in any manner arising out of or in
connection with the performance of the work under this contract. The Purchaser shall, also, upon request by the Gas Compony, and at no expense to the Gas
Company, defend the Gas Company in any and all suits, concerning such injury to or death of any and all persons, and concerning such damage, destruction or
loss, consequentiol or otherwise, to or of any ond all property, real or personal, including, without limitation, suits by employees or representatives of the Gas Com-
pany or of the Purchaser, or any other person or persons. Excluded from this paragraph are only those injuries to or deaths of persons and domage, destruction or
loss, to or of property arising from the sole negligence or willful misconduct of the Gas Company or its employees or represenhtives.
The undersigned hereby represent that they are authorized to execute this agreement on behalf of any corporation, partnership or other association hereinabove named.
53,015
Agreed to and accepted this
day of , 19-.
SOUTHERN CALIFORNIA GAS COMPANY
BY
3011-D 8/ MARY H. CASfER, Mayor