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HomeMy WebLinkAboutResolution No. 335RESOLUTION NO. 335 A RESOLUTION OF THE AZUSA REDEVELOPMENT AGENCY BOARD OF DIRECTORS APPROVING AN AGREEMENT WITH THE SOUTHERN CALIFORNIA GAS COMPANY FOR RELOCATION OF UTILITIES RELATED TO THE ROGER'S AUTO DEALERSHIP PROJECT WHEREAS, the City of Azusa vacated a portion of the right- of-way on San Gabriel Avenue as a contribution to the Roger's Autodealership project; and WHEREAS, the Southern California Gas Company maintains a 2" gas main in the vacated right-of-way which conflicts with the proposed development; and WHEREAS, the Agency agreed to relocate all utilities necessary to support site development; and WHEREAS, there is an urgent need to relocate said gas utility to alleviate a potentially hazardous situation; and WHEREAS, normally the cost of relocation would be borne by the utility company, but because of the urgency, the Agency has agreed to pay for relocation immediately and resolve the despute subsequently. NOW, THEREFORE BE IT RESOLVED, the Azusa Redevelopment Agency Board of Directors determines as follows: 1. To approve the agreement with the Southern California Gas Company and make the required deposit. 2. To direct staff and counsel to negotiate with Southern California Gas Company for resolution of the dispute concerning payment responsibility. 1987. PASSED, APPROVED AND ADOPTED this 17th day of February , I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Board of Directors of the Redevelopment Agency of the City of Azusa at a regular meeting thereof, held on the-_IJ-th day of February , 1987, by the following vote of the Board: AYES: BOARD MEMBERS AVILA, COOK, CRUZ, LATTA, MOSES NOES: BOARD MEMBERS NONE ABS T: BOARD MEMBERS NONF Se re ary Mr. Robb R. Steel City of Los Azusa 213 E. Foothill Blvd. Azusa, CA 91702 lJ SOUTHERN CALIFORNIA 14 COMPANY 281 RAMONA STREET • PASADENA, CALIFORNIA MAILING ADDRESS: 90% 479, PASADENA, CALIFORNIA 91102 January 9, 1987 RE: 229 S. Azusa Ave., San Gabriel Avenue North of Paramount, City of Azusa File #313, GIJO 64927-63 Dear Mr. Steel: The enclosed three copies of our Collectible Work Authorization covers the estimated cost to alter our 2 -inch steel gas mains on San Gabriel Avenue, North of Paramount to clear proposed buildings on San Gabriel Avenue. Please sign the original and one copy, retain the third copy for your file, and return them to this office along with your deposit check in the amount of $20,870.00. After acceptance by the Southern California Gas Company, a signed copy of the agreement will be returned to you. Final billing will be for actual work performed. If you have any questions regarding this matter, please do not hesitate to contact Minio Garcia of this office at (818) 356-2244. Sincerely, Glen Van Gorden Distribution Planning Supervisor GAV/1 IG: ov Enclosures SOUTHERN CALIFORA GAS COMPANY —COLLECALE WORK AUTHORIZATION To: Southern California Gas Company 281 Ramona Street Pasadena, CA 91101 Attention: Glen Van Gorden Cahripl Avpniip.1 ParRmpunt Avernip- Serial No.: P GWO 64927-63 File No.: 313 The Southern California Gas Company ( hereafter "Company"), is authorized to alter its facilities, and the City ty n£ Azusa (hereafter "Purchaser") agrees to reimburse the Company for the cost of the work in connection with the alteration of a 7 -inch gas main to clear a proposed hui1ding tinder The work contemplated and estimated reimbursable costs are: Alteration of a 2 -inch steel gas main on San Gabriel Avenue, in the City of Azusa, to clear proposed building foundations. Estimated Cost: $20,870.00 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 deviolion from the above description may be made by the Company to meet the practical requirement, of installation such m safety, avoidance of substructures, government authority and Environmental Impact Report, when required, Requests for changes in the above described work for the convenience of the Purchaser may be rejected by the Company. If such changes an accepted, the Purchaser agrees to reimburse the Company for the actual cost of such work unless olherwisn agreed to in writing. THE ABOVE ESTIMATE IS FURNISHED ONLY FOR THE CONVENIENCE OF THE PARTIES HERETO. IT 15 INTENDED TO REFLECT THE COMPANY'S GENERAL FAST 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 actual 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 Azusa, 213 E. Fonthl ll Blvd. Azusa CA 9170? In case of default or delay in payment, shall pay to the Company all cosh and expenses incurred in the collection of any sum due, including altorner s fee and court costs. A deposit of S 20P870-00 has been made by the Purchaser as payment toward all cosh to be incurred by the Company for work performed pursuant to this agreement. Purchaser agrees to pay, upon presentation, each billing issued for work completed and to make additional advance deposits of $ Balance each whenever the Company determines the cost of the work completed has substantially equalled the amount of the deposit. If actual cost exceeds the deposigs), the Purchaser shall pay the Company the difference; if the total cost Is los than the deposiffsl, then the Company shall refund the difference. The Purchaser ogre" 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 requirements of State of California Construction Safely Orders, particularly the provisions of Article 6, Sections 1539 through 150, 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 chain on pipes during excavation and bockfill or muse damage to pipe protective coatings. The Purchaser shall also indemnify the Gas Company against, and save and hold it harmless from, any and all liability, claims, demands, damages and costs of every kind and nature for injury to or death of any and all persons, including, without limilction, employees a. representatives of the Gas Company or of the Purchaser, or any other person or persons, and for damage, destruction ar loss, consequenfiol or otherwise, to or of any and all property, real or personal, including, without limitalion, 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 Company, and of no expense to she Gas Company, defend the Got Company In any and oil suits, concerning such injury to or death of any and all persons, and concerning such damage, destruction or I"s, consequential or otherwise, to or of any and all property, real or personal, including, without limitation, suits by employe" or representative, of the Gas Com- pany or of the Purchaser, or any other person or persons. Excluded from this paragraph are only thou injuries to or deaMs of persons and damage, destruction or Ion, to or of property arising from the sole negligence or, willful misconduct of the Got Company or its employees or representatives. The undersigned hereby represent that they are authorized M execute this agreement on behalf of any corporation, partnership or other association hereinaboo named. Agreed to and accepted th day of 1 19_. o tee , rolectyst SOUTHERN CALIFORNIA GAS COMPANY For