HomeMy WebLinkAboutCC Resolution 10539 (PG&E License & Slurry Seal Agr.)RESOLUTION NO. 10539
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL AUTHORIZING THE SIGNING OF A LICENSE
AGREEMENT AND SLURRY WALL EASEMENT AGREEMENT
WITH PACIFIC GAS AND ELECTRIC COMPANY (PG&E) TO
ALLOW PG&E THE RIGHT OF ACCESS TO OPERATE,
MAINTAIN, REPAIR, MONITOR AND REPLACE THESE
FACILITIES, AND AUTHORIZING THE SIGNING OF
REIMBURSEMENT AGREEMENT TO SET COST SHARING
TERMS FOR DISPOSAL OF PNA CONTAMINATION FOUND IN
SOILS AND GROUNDWATER ADJACENT TO PG&E'S GAS
MANUFACTURING FACILITY.
BE IT RESOLVED by the Council of the City of San Rafael as follows:
WHEREAS, the public interest, convenience, necessity and welfare
require that the Slurry Wall Easement and License Agreement hereinafter mentioned be
conveyed to PG&E; and
WHEREAS, PG&E and City desire to avoid disputes regarding
responsibility for costs attributable to PNA contaminated soils and groundwater arising
out of future City projects involving excavations in street areas adjacent to PG&E's gas
manufacturing facility.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
San Rafael that the Mayor is authorized to execute that certain License Agreement and
Slurry Wall Agreement (to have continued right of access to property for the operation,
maintenance, repair and replacement of monitoring wells, extraction trenches and slurry
wall) to PG&E and to execute that certain Reimbursement Agreement (to avoid disputes
regarding responsibility for costs attributable to PNA contaminated soils and groundwater
arising out of City projects involving excavations in the street areas or other areas adjacent
to PG&E's gas manufacturing facility) to PG&E, the form of which agreements shall be
approved by the City Attorney.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that
the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of
the Council of said City on the 6"' day of December, 1999, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: P h i 11 i p s
JE4NNE A LE CINI, City Clerk
File No.:
Recording requested by, and when
Recorded, return to:
Harry O'Brien, Esq.
Coblentz, Patch, Duffy & Bass, LLP
222 Kearny Street, 7th Floor
San Francisco, CA 94108
ABOVE SPACE FOR RECORDER'S USE
SLURRY WALL EASEMENT AGREEMENT
This Slurry Wall Easement Agreement is made and entered into as of the 23rd day of
October, 2000, by and between the CITY OF SAN RAFAEL, a charter city in the State of
California ("Grantor") and PACIFIC GAS AND ELECTRIC COMPANY, a California
corporation ("PG&E"), in consideration of value received and the covenants made herein.
Grantor hereby grants to PG&E the right to operate, repair, maintain, replace and use the
existing slurry wall, together with the right to install such devices and equipment as may be
necessary for measuring subsurface water pressure and evaluating the integrity of the ground
surface, within the hereinafter described easement area lying within Grantor's lands which are
situated in the City of San Rafael, County of Marin, State of California, and are described as
follows:
(Portion of APN 013-021-10, 013-012-12, and 013-012-13)
The portion of Lindaro Street (66 feet wide) lying between SECOND STREET
and the N.W.P.R.R. property as shown upon the map filed for record March 2,
1937, in Volume 2 of Official Surveys at page 83, Marin County Records, and the
portion of the parcel of land described and designated PARCEL ONE A, under
Exhibit "A", in the deed from Northwestern Pacific Railroad Company to the City
of San Rafael, dated December 4, 1978 and recorded in Book 3488 of Official
Records at page 440, Marin County Records.
The aforesaid easement area is described as follows:
A strip of land of the uniform width of 10 feet extending from the westerly
boundary line of the 8.280 acre parcel of land as shown upon the Record of
Survey filed for record May 10, 1985 in Book 20 of Surveys at page 47, Marin
County Records, in a general northwesterly direction to the southwesterly
boundary line of the parcel of land described in the deed from F.M. Neely and
wife to Pacific Gas and Electric Company dated December 12, 1922 and recorded
in Volume 11 of Official Records at page 209, Marin County Records, and lying 5
feet on each side of the line, the location of which is shown as a heavy dashed line
02898.139.0003.c j Cory
on PG&E drawing L-8696 attached hereto as Exhibit "A" and made a part hereof,
and more particularly described as follows:
Commencing at the found rebar and cap stamped "LS 4545" accepted as marking
the northerly terminus of a course in the westerly boundary line of said 8.280 acre
parcel of land, which course as shown upon said Record of Survey has a bearing
of south 8° 53' west and a length of 421.24 feet, and running along said westerly
boundary line, said westerly boundary line also being the easterly boundary line
of LINDARO STREET, (a) north 8° 53' 00" east 364.35 feet to the TRUE
POINT OF BEGINNING of said line; thence leaving said westerly boundary line
(1) north 76°44'52' west 9.59 feet; thence
(2) north 45°43'00" west 30.87 feet; thence
(3) south 8°43'29" west 37.95 feet; thence
(4) south 53°37'23" west 46.65 feet; thence
(5) north 62°51'47' west 70.17 feet; thence
(6) north 52°37'29" west 254.83 feet; thence
(7) on a tangent curve to the right with a radius of 100 feet, an arc
distance of 44.94 feet, more or less, to a point in the southwesterly
boundary line of the parcel land described in said deed dated
December 12, 1922.
Said slurry wall was previously constructed as part of the site ground water remedy
implemented pursuant to the San Francisco Bay Regional Water Quality Control Board Waste
Discharge Requirements, Order No. 85-50 (the "Order"), a copy of which is on file with
GRANTOR. The rights granted herein are deemed necessary to comply with said Order.
In the unlikely event that the location (as determined by field inspection and analysis,
reviewed and approved by a qualified geologist and a licensed land surveyor) of the slurry wall
falls outside of the herein described ten foot wide easement area, Grantor agrees to relocate the
said easement area to a location such that the actual location of the slurry wall is completely
within such ten -foot wide easement area. Any such relocation shall be subject to the approval of
PG&E, and shall, at the request of PG&E, be evidenced by a recorded instrument executed and
acknowledged by Grantor.
The rights herein granted by Grantor to PG&E shall include rights of ingress and egress
to the easement area as may be reasonably required for the exercise of PG&E's other rights
within the easement area.
The rights herein granted by Grantor to PG&E are made subject to the following terms
and conditions:
1. (a) Except in emergencies, PG&E shall submit to Grantor, for Grantor's
review and approval, a description of any work and installations that PG&E intends to do within
the scope of this Grant of Easement, prior to submitting any workplan for such work and
installations to applicable regulatory agencies, if required or, if not required, prior to undertaking
any such work and installations. The description of the work shall be in sufficient detail so that
Grantor may obtain a reasonably complete understanding of the nature, extent, and timetable of
02898.139.0003.c 2
the proposed work and installations. Approval for such work and installations shall be within
Grantor's reasonable discretion, provided, however that such approval shall not be withheld if
(1) the proposed work and installations are reasonably necessary for PG&E to comply with the
remedial requirements which have been imposed upon it by the Regional Water Quality Control
Board, the State Department of Health Services, or other environmental regulatory agency, and
the work and installations are consistent with all applicable regulatory requirements, and (2) such
work and installations have been reasonably designed, planned and located to minimize or avoid
interference with the operation of the Grantor's improvements and any utilities located within the
easement area, including the normal flow of traffic and pedestrians upon and along Andersen
Drive and Lindaro Street. PG&E shall amend any such description of work to comply with
Grantor's reasonable engineering, traffic control, or public health or safety requirements,
compliance with which shall be at PG&E sole cost and expense No work and installations shall
commence until the Grantor has given its approval in writing to the description of the work.
Except in an emergency, Grantor shall have at least twenty (20) days from the receipt of any
description of work to provide comments, requests, or approval to PG&E. If Grantor fails to
respond within such twenty (20) days, the description of the work shall be deemed approved.
Any work and installations shall be undertaken in compliance with such approved description of
work. In an emergency, PG&E shall make reasonable efforts to provide notice to, consult with,
and obtain approval from Grantor prior to commencing any work and installations in the
easement area. Notwithstanding any provision hereof to the contrary, if a regulatory agency
requires the submission of a work plan, PG&E shall have the right to submit a work plan to the
regulatory agency by the date required by such regulatory agency, even if Grantor has not then
approved the description of the work.
(b) When Grantor's approval of any such work or installation is required
under Paragraph 1(a), PG&E shall pay to Grantor along with its request for such approval, the
sum of $150.00 toward the Grantor's processing costs. In addition, Grantor shall be entitled to
bill PG&E for any additional processing costs in excess of such sum calculated at the fully
burdened hourly rates for the personnel processing such a request; provided that the maximum
processing cost for processing any one such request shall not exceed $500.00.
2. The Grantor's approval of any work as provided herein shall not be in lieu of any
other required permits or approvals of federal, state or local agencies which PG&E must obtain
prior to commencing any such work.
3. Following approval of any work, PG&E shall give Grantor reasonable advance
written notice prior to commencing any actual work or installations in the easement area, which
notice, except in emergencies, shall be a minimum of five business days.
4. PG&E, at its sole cost and expense, shall promptly backfill and compact to
Grantor's reasonable engineering requirements any excavations in connection with such work
and installations, and shall at its sole cost and expense otherwise promptly restore to their
original condition or to Grantor's reasonable satisfaction any of the Grantor's roadway or other
improvements, or any other utilities, that have been damaged or disturbed by PG&E's work and
installations.
5. PG&E shall be responsible at its sole cost and expense for the timely disposal or
transportation off-site of any excavated soils, waste materials, or water which are generated in
02898.139.0003.c 3
connection with its work and installations as authorized hereunder and which are required under
applicable law or regulatory requirement to be removed from the easement area. PG&E agrees
that it shall be deemed the sole owner and generator of any soil, water, or waste material of any
kind that is removed from the easement area pursuant to its work and installations as provided
hereunder. PG&E acknowledges that it designed and installed the slurry wall pursuant to the
Order and, as between PG&E and Grantor, Grantee is solely responsible for such design and
installation. PG&E further acknowledges that, as between PG&E and Grantor, and in the
absence of a legal requirement or regulatory order to the contrary, PG&E is also solely
responsible for the operation and maintenance of the slurry wall. In this connection, PG&E
acknowledges and agrees that it is the sole owner and operator of the slurry wall, and of any
devices, equipment, and improvements of any kind that are installed in the easement area as
authorized hereunder, provided, that such ownership shall not constitute a fee interest in real
property. PG&E has not admitted or accepted, and nothing herein shall be construed as an
admission or acceptance of, any responsibility or liability for any Hazardous Materials located in
the easement area or Grantor's property.
6. PG&E shall be responsible at its sole cost and expense for investigating and
locating the presence of any underground utilities and/or other underground improvements or
structures in the easement area, in order to avoid damaging them when undertaking the work and
installations authorized hereunder. In the event that any such utilities, improvements or
structures are damaged as a result of its work and installations, PG&E at its sole expense shall
repair them to their condition existing prior to such damage. Without limiting PG&E's
obligations, if requested by PG&E, Grantor shall provide PG&E with a copy of the most recent
as -built plans for underground structures that are in Grantor's possession, at PG&E sole cost and
expense.
7. PG&E shall comply with all applicable government statutes, codes, guidelines,
rules and regulations in connection with its work and installations as provided hereunder, and
shall conduct same in a safe manner, and in accordance with generally accepted engineering and
construction industry standards. PG&E at its sole cost and expense shall take all reasonable
steps to protect the public health and safety during all phases of the work and installations,
including without limitation, erection of such barricades, signs and warning devices or institution
of such other traffic control procedures as may be reasonably necessary to protect the public
during such work in accordance with the latest edition of the State of California Department of
Transportation's Standard Plans for Traffic Control. In the event that Grantor discovers a
condition in connection with such work and installations which in Grantor's determination
constitutes an immediate danger to public health and safety, and PG&E cannot respond at once,
Grantor may erect any barriers, signs and warning devices it deems necessary. In such event,
PG&E shall be obligated to reimburse Grantor for the cost of its work crews undertaking such
work, at the contract rate for any contractors doing such work or at the fully burdened labor costs
for any employees doing such work, and for the cost of any materials used, such reimbursement
to be made by PG&E within 30 days of the billing for same by the Grantor or City of San Rafael.
8. (a) PG&E shall indemnify, defend and hold harmless Grantor, its officers,
employees, agents, volunteers, successors and assigns (collectively, the "Indemnitees") from
and against any and all damages, claims, losses, encumbrances, liens, liabilities, penalties, fines,
settlements, causes of action, judgments, orders, directives, demands and costs and expenses
arising from or related to the exercise of any rights herein granted, its entry into the easement
02898.139.0003.c 4
area or any breach of this Agreement by PG&E or its employees, agents, representatives,
consultants, contractors or subcontractors, including, without limitation, costs and expenses of
defending any claims or proceedings, whether judicial or administrative, and -also including,
without limitation, the designation of any Indemnitee as a "potentially responsible party" or a
"discharger" with respect to the release or re-release on the Property of Hazardous Substances,
except, as to each of the above, to the extent arising out of the active negligence, willful
misconduct, breach of this Agreement or failure to comply with any applicable law or regulation
of or by Licensor or any Indemnitee.
(b) PG&E's indemnification, defense, and hold harmless obligations as
provided for in Paragraphs 8(a) above arising from or related to the exercise of any rights herein
granted, entry onto the easement area or any breach of this Agreement occurring prior to the
termination, cancellation, or expiration of this Agreement shall survive any termination,
cancellation or expiration of this Agreement.
(c) "Hazardous Substances" as used in this Agreement shall include any
substance:
(i) defined as or included, or which becomes defined or included, in
the definition of "hazardous substance," "hazardous waste," "hazardous material," "extremely
hazardous waste," "designated waste," "restricted hazardous waste," or "toxic substance," or
similar term under any local, state, or federal law or under the regulations adopted or
promulgated pursuant thereto, including but not limited to, the Clean Air Act, 42 USC §§ 7401 et
SeMc .; the Comprehensive Environmental Response, Compensation and Liability Act
("CERCLA"), 42 USC §§ 9601 et seg.; the Resource Conservation and Recovery Act ("ROU"),
42 USC §§ 6901 et SeMc .; the Toxic Substance Control Act ("TSCA"), 15 USC §§ 2601 et SeMc .;
the Hazardous Materials Transportation Act, 49 USC §§ 1801 et seg.; the Federal Insecticide,
Fungicide and Rodenticide Act ("FIFRA"), 7 USC §§ 135 et 5eMc .; the Atomic Energy Act of
1954, 42 USC §§ 2014 et M.; the Nuclear Waste Policy Act of 1982, 42 USC §§ 10101 et seg.;
the California Hazardous Waste Control Law ("HWCL"), Cal. Health & Safety Code §§ 25100
et SeMc .; the Porter -Cologne Water Quality Control Act ("Porter -Cologne"), Cal. Water Code
§§ 13000 et seg.; the Carpenter -Presley -Tanner Hazardous Substance Account Act, Cal. Health
and Safety Code §§ 25300 et se�C . and their associated regulations; or
(ii) which is explosive, corrosive, infectious, radioactive, carcinogenic,
mutagenic, or otherwise hazardous and is regulated by any appropriate governmental authority as
a hazardous material; or
(iii) which is or contains oil, gasoline, diesel fuel or other petroleum
hydrocarbons; or
(iv) which is or contains polychlorinated biphenyls ("PCBs"), asbestos,
urea formaldehyde foam insulation, radioactive materials; or
(v) which is radon gas.
The term "Hazardous Substances" may include without limitation raw materials, building
components, wastes, and the products of any manufacturing or other activities on the Property.
02898.139.0003.c
The term "Hazardous Substances" shall include, without limitation, the "contaminants"
identified in the Order and in the Covenant of Deed Restriction recorded as Document No. 89-
45973 in the Marin County Recorder's Office.
(d) The contractual indemnification rights provided herein are in addition to,
and shall not supercede any common law or statutory indemnification rights to which either party
may hereafter be entitled.
9. PG&E shall require any of its contractors or consultants performing any work or
installation in the easement area to provide Grantor with any Certificate(s) of Insurance not
previously provided to Grantor evidencing the existence of commercial comprehensive general
liability insurance that specifically includes personal injury and broad form property damage
insurance coverage in an amount of not less than One Million Dollars ($1,000,000) naming
Grantor as an additional insured. Grantor may as a condition of approval of any work or
installation pursuant to Paragraph 1 above, if reasonable in the particular circumstances, require
that the amount of such coverage be increased during the conduct of such work or installation up
to a maximum of Five Million Dollars ($5,000,000).
10. PG&E at its sole cost and expense shall provide Grantor, upon Grantor's request,
with copies of its reports, test results, and associated data in connection with its work and
installations in the easement area, including the slurry wall, the environmental conditions in the
easement area, and the presence on or migration to or from the easement area of the
contaminants and other hazardous substances intended to be contained by the slurry wall, which
are submitted to or received from the Regional Water Quality Control Board, the State
Department of Health Services, or any other environmental regulatory agency.
11. Grantor reserves the right to use said easement area for purposes which will not
interfere with PG&E's full enjoyment of the rights hereby granted; provided that Grantor shall
restrict the use of the easement area so as to preserve the integrity of the slurry wall. Grantor
further agrees that it shall not hereafter construct any fences in the easement area that will
substantially interfere with PG&E's maintenance and operation of said slurry wall, provided that
PG&E acknowledges that Grantor shall have the right to maintain, repair and replace the existing
fence in the easement area.
12. Any notice or communication hereunder shall be in writing and sent by facsimile
or by first class mail, addressed to the parties at the addresses listed below, or to such other
addresses as the party may from time to time designate in writing. Notices shall be deemed
received upon actual receipt of the notice by the primary representative of the party being sent
the notice.
To Grantor: Public Works Director
City of San Rafael
P.O. Box 151560
San Rafael, CA 94915-1560
Fax No. (415) 485-3334
02898.139.0003.c 6
To PG&E Manager, Environmental Services Dept.
Pacific Gas and Electric Company
P.O. Box 7640
San Francisco, CA 94120
Attn: Patricia Sullivan,
San Rafael MGP Site Manager
Fax No. (415) 973-9201
13. The provisions hereof shall inure to the benefit of and bind the successors and
assigns of the respective parties hereto, and all covenants shall apply to and run with the land.
14. In the event that any party commences a legal action or proceeding to enforce any
of the terms hereof, or because of a breach of any of the terms hereof, the losing or defaulting
party shall pay to the prevailing party reasonable attorney's fees, costs and expenses incurred in
connection with the prosecution or defense of such action.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
hereinabove written.
PACIFIC GAS & ELECTRIC COMPANY CITY OF SAN RAFAEL
By: By:
ALAR J. 0
Its:Its: Mayor
R.Z 60A
ATTEST:
Approved as to form:
PACIFIC GAS & ELECTRIC COMPANY
LAW DEPARTMENT
02898.139.0003.c
7
Its: City Clerk
STATE OF CALIFORNIA )
ss.
CITY AND COUNTY OF SAN FRANCISCO )
On OCi'r. 1f3,2 -CM, before me, the undersigned, a Notary Public in and for said State,
personally appeared r74'� &,e G✓ I I Va, , personally known to me or
proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to
the within instrument and acknowledged to me that he executed the same in his authorized
capacity, and that by his signature on the instrument the person, or the entity upon behalf of
which the person acted, executed the instrument.
WITNESS my hand and official seal.
STATE OF CALIFORNIA )
ss.
COUNTY OF MARIN )
JEANETTE JOHNSON
COMM. #1274665 M
U m• NOTARY PUBLIC -CALIFORNIA c
IL SAN FRANCISCO COUNTY
\?4&W My Comm. Expires SEPT. 17 2004
On pc -r• N . 'a na j:� , before me, the undersigned, a Notary Public in and for said State,
personally appeared 4 _.RG2T J . f�o�� , personally known to me -tr
to be the person whose name is subscribed to
the within instrument and acknowledged to me that he executed the same in his authorized
capacity, and that by his signature on the instrument the person, or the entity upon behalf of
which the person acted, executed the instrument.
WITNESS my hand and official seal
�'i'I/Gli Ali►/l,�v�✓Ct�.
Signature of N0 Public
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^NANCY
EURMAN
COMM. #1248639
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NOTARY PUBLIC -CALIFORNIA
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MARIN COUNTY
My Comm. Expkes Feb. 4, 2004
(Seal)
EXHIBIT A
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AUTHORIZATION OI -93-058
9700110 Slurry Wall LOCOtI on REGION BAY
BY Chris Murphy MARIN
phy CI ty of San Raf ael COUNTY NSA
DR Chris blur PROFILE
CH Pierre Hurter (Andersen Drlve & Undaro Street) , SHEET NO. of /
O.K. Pierre Hurter PACIFIC GAS AND ELECTRIC COMPANY LAND
DRAWING NUMBER HANGE
DATE July 1997
SAN FRANCISCO CAL. ENGINEERING L-8696
RESOLUTION NO. 10539
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL AUTHORIZING THE SIGNING OF A LICENSE
AGREEMENT AND SLURRY WALL EASEMENT AGREEMENT
WITH PACIFIC GAS AND ELECTRIC COMPANY (PG&E) TO
ALLOW PG&E THE RIGHT OF ACCESS TO OPERATE,
MAINTAIN, REPAIR, MONITOR AND REPLACE THESE
FACILITIES, AND AUTHORIZING THE SIGNING OF
REIMBURSEMENT AGREEMENT TO SET COST SHARING
TERMS FOR DISPOSAL OF PNA CONTAMINATION FOUND IN
SOILS AND GROUNDWATER ADJACENT TO PG&E'S GAS
MANUFACTURING FACILITY.
BE IT RESOLVED by the Council of the City of San Rafael as follows:
WHEREAS, the public interest, convenience, necessity and welfare
require that the Slurry Wall Easement and License Agreement hereinafter mentioned be
conveyed to PG&E; and
WHEREAS, PG&E and City desire to avoid disputes regarding
responsibility for costs attributable to PNA contaminated soils and groundwater arising
out of future City projects involving excavations in street areas adjacent to PG&E's gas
manufacturing facility.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
San Rafael that the Mayor is authorized to execute that certain License Agreement and
Slurry Wall Agreement (to have continued right of access to property for the operation,
maintenance, repair and replacement of monitoring wells, extraction trenches and slurry
wall) to PG&E and to execute that certain Reimbursement Agreement (to avoid disputes
regarding responsibility for costs attributable to PNA contaminated soils and groundwater
arising out of City projects involving excavations in the street areas or other areas adjacent
DOPY �
. ,.53
to PG&E's gas manufacturing facility) to PG&E, the form of which agreements shall be
approved by the City Attorney.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that
the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of
the Council of said City on the 6`h day of December, 1999, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Ph i 11 i p
JE . LEO CI Clerk
File No.:
LICENSE AGREEMENT
This Agreement is made and entered into as of the 23rd day of October, 2000, by and
between the City of San Rafael, a charter city in the State of California ("Licensor"), and Pacific
Gas & Electric Company, a California corporation ("Licensee"), in consideration of value
received and the covenants made herein.
WHEREAS, Licensor is the owner of certain real property consisting of portions of
Lindaro Street, Brooks Street, Second Street, Third Street and Andersen Drive rights of way,
portions of the Albert Park, and the Mahon Creek wetlands mitigation property, as depicted on
the map attached hereto as Exhibit "A" (the "Property");
WHEREAS, Licensee was the owner of certain property adjacent to the Property which
was the site of a gas manufacturing facility, and Licensee has constructed, pursuant to a remedial
action plan approved by the Department of Toxic Substances Control and the Regional Water
Quality Control Board (including through San Francisco Bay Regional Water Quality Control
Board Waste Discharge Requirements, Order No. 85-50 (the "Order")), certain environmental
remedial facilities, a portion of which facilities are located on the Property as of the date hereof as
generally shown on the map attached hereto as Exhibit "A": and
WHEREAS, the remedial facilities installed by Licensee on the Property, and adjacent
property, as of the date hereof, including without limitation the monitoring wells, and extraction
trenches, together with any additions, modifications or relocations hereafter made by Licensee in
accordance with Section LB of this Agreement, are referred to collectively herein as the
"Remedial Facilities;" and
WHEREAS, Licensee desires to have, and Licensor desires to grant to Licensee, a
continued right of access to the Property for the operation, maintenance, repair and replacement of
the Remedial Facilities.
NOW, THEREFORE, the parties hereby agree as follows:
1. Activities. Subject to the terms and conditions of this Agreement, Licensor
hereby grants Licensee and its authorized representatives a non-exclusive license to enter the
Property for the purpose of the operation, maintenance, repair, replacement, relocation,
abandonment and closure of the Remedial Facilities ("Activities"), as more specifically
identified in Paragraphs 1(a) and 1(b) below, pursuant to the terms and conditions hereof. Such
license may be terminated only by agreement of the parties or as provided in Section 11 of this
Agreement. This Agreement does not apply to any activities conducted on the Property by
Licensee as part of its obligation or right under applicable law to provide utility services to the
Property or to other properties pursuant to any easement, franchise or similar right applying to
the Property. All Activities shall be undertaken at the sole cost and expense of Licensee, and
Licensee shall use its best efforts to complete all Activities in a timely and diligent manner.
02898.139.0002.c 1 COPY
A. Pre-Aimroved Activities. Licensee has permission to operate, repair and
maintain the Remedial Facilities, as more specifically set forth in attached Exhibit `B" (the "Pre -
Approved Activities"). Such work shall not result in the closure of more than one traffic lane
along or upon Lindaro Street or Andersen Drive, and if any such closure of a traffic lane is
required, such closure shall not occur during the peak hours of 7:00 to 9:00 a.m. or 4:00 to 6:00
p.m. Monday through Friday, and shall require the installation by Licensee of appropriate
signage for public safety purposes in accordance with Paragraph 4 hereafter, all at Licensee's
sole cost and expense. Notwithstanding the foregoing, any replacement, relocation, abandonment
or closure work involving such existing groundwater wells and groundwater extraction trench,
and any work that includes any cutting, drilling or other excavation in Andersen Drive or
Lindaro Street shall be subject to the requirements of Paragraph 1(b) hereafter.
B. Other Activities. For Activities other than the aforementioned Pre -
Approved Activities, including, without limitation, the relocation, replacement, abandonment
and closure of and additions to the Remedial Facilities, except in emergencies, Licensee shall
submit to Licensor, for Licensor's review and approval, a description of any proposed work
and/or installations that Licensee intends to do, prior to submitting any work plan for such work
and installations to applicable regulatory agencies, if required, or if not required, prior to
undertaking any such work and installations. The description of the proposed work shall be in
sufficient detail so that Licensor may obtain a reasonably complete understanding of the nature,
extent, and timetable of the proposed work and installations, and its impact on the Property,
including traffic control. Approval of such work and installations shall be within Licensor's
reasonable discretion, provided, however that such approval shall not be withheld if (1) the
proposed work and installations are reasonably necessary for Licensee to comply with the
remedial requirements which have been imposed upon it by the Regional Water Quality Control
Board, the State Department of Health Services or other applicable regulatory agency and the
work and installations are consistent with all applicable regulatory requirements; and (2) such
work and installations have been reasonably designed, planned and located to minimize or avoid
interference with the operation of the Licensor's improvements and any utilities located on the
Property, including traffic and pedestrian movement upon and along Lindaro Street and
Andersen Drive. Licensee shall amend any such description of work to comply with Licensor's
reasonable engineering, traffic control, or public health or safety requirements, compliance with
which shall be at Licensee's sole cost and expense. Except in emergencies, no work and/or
installations shall commence until the Licensor has given its approval in writing to the
description of the work or such description has been deemed approved. Licensor shall have
twenty (20) days from the receipt of the description of any work to provide comments, requests,
or approval to Licensor. If Licensor fails to respond within such twenty (20) days, the
description of the work shall be deemed approved. Any work and installations shall be
undertaken in compliance with such approved description of work. In an emergency, Licensee
shall make reasonable efforts to provide notice to, consult with and obtain approval from
Licensor prior to undertaking any such Activities. Notwithstanding any provision hereof to the
contrary, if a regulatory agency requires the submission of a work plan, Licensee shall have the
right to submit a work plan to the regulatory agency by the date required by such regulatory
agency, even if Licensor has not then approved the description of the work.
C. Processing Fees. When Licensor's approval of any Activities is required
under Paragraph 1(B), Licensee shall pay to Licensor along with its request for such approval the
sum of $150.00 toward Licensee's processing costs. In addition, Licensor shall be entitled to bill
02898.139.0002.c 2
Licensee for any additional processing costs in excess of such sum, calculated at the fully
burdened hourly rates for the personnel processing such a request; provided that the maximum
processing cost for processing any one such request shall not exceed $500.00:
2. Notice Regarding Commencement of Activities. Licensee shall give reasonable
advance notice to Licensor prior to commencing any separate phase of the aforementioned
Activities on the Property, which notice shall be a minimum of five (5) business days.
3. Mutual Cooperation.
A. Licensee's Cooperation Obligations. Licensee agrees to coordinate its
Activities with Licensor and to make reasonable efforts to conduct the Activities in a manner
which minimizes or avoids interference with Licensor's improvements on the Property, including
traffic and pedestrian movement along and upon Lindaro Street and Andersen Drive, and with
Licensor's use, enjoyment, future development, and construction work on the Property. Should
Licensor at any time make a request for information about the Remedial Facilities or the
Activities approved herein, or to observe such Remedial Facilities or Activities, or to take split
portions of samples taken by Licensee from the Remedial Facilities on the Property, Licensee, its
consultants, contractors, and representatives shall provide reasonable cooperation to
accommodate such a request. If Licensor determines that public health, safety, or other public
purpose necessitates the relocation of any of the Licensee's groundwater monitoring wells,
Licensor shall give Licensee notice that such relocation is required. Such notice shall also
include a reasonable alternative location on the Property for such relocation. Upon receipt of
such notice, Licensee shall timely commence, and thereafter shall diligently pursue, in
cooperation with Licensor, efforts to obtain all required regulatory approvals for such relocation.
Licensee shall, at its sole cost and expense, commence relocation of such facilities to the new
location on the Property proposed by Licensor, or such other location on the Property as shall
have been approved in writing by Licensor, within thirty (30) days after receipt of all required
regulatory approvals.
B. Licensor's Cooperation Obligations. Licensor reserves the right to use the
Property for purposes which will not unreasonably interfere with Licensee's full enjoyment of
the rights herein granted. Licensor agrees to cooperate with Licensee so long as such
cooperation does not cause unreasonable disruption of Licensor's improvements on the Property,
including traffic and pedestrian movement along and upon Lindaro Street and Andersen Drive,
and with the use, enjoyment, future development and construction work on the Property.
Licensor further agrees to make reasonable efforts to minimize interference with the Remedial
Facilities and to provide reasonable prior notice to Licensee of any Licensor activity which may
impact the operation or maintenance of the Remedial Facilities. Subject to the provisions of
Paragraph 3A above, Licensor shall not adversely affect the integrity of the Remedial Facilities.
Licensor further agrees that it shall not hereafter construct any fences that will substantially
interfere with Licensee's maintenance and operation of said Remedial Facilities, provided that
Licensee acknowledges that Licensor shall have the unimpeded right to maintain, repair and
replace any existing fences on the Property. From time -to -time, upon reasonable prior notice to
Licensee, Licensor may resurface or otherwise change the grade of Andersen Drive or Lindaro
Street or of other portions of the Property. In such event, Licensor shall take reasonable steps to
protect the Remedial Facilities, but Licensee shall be responsible for adjusting, at its sole
expense, the elevation of their groundwater monitoring wells to the new elevation of the roadway
02898.139.0002.c 3
surface or other Property surface. Licensor shall coordinate with Licensee in the adjustment of
the elevation of the groundwater monitoring wells.
C. Mutual Cooperation Obligations. Further, the parties agree to cooperate
and execute any additional documents or permit applications which may be reasonably required
to effectuate the purpose of this Agreement.
4. Compliance With Laws, Safety. Licensee shall comply with all applicable
governmental statutes, codes, ordinances, orders, permits, directives, guidelines, rules, and
regulations ("Laws") when conducting the Activities. Licensee shall conduct the Activities in a
safe manner, and in accordance with generally accepted professional engineering and
construction industry standards. Licensee shall, at its sole cost and expense, take all reasonable
steps to protect the public health and safety during all phases of the Activities, including, without
limitation, erection of such barricades, signs and warning devices or institution of such other
traffic control procedures as may be reasonably necessary to protect the public during such work,
in accordance with the latest edition of the State of California Department of Transportation's
Standard Plans for Traffic Control. In the event that Licensor determines that any phase of the
Activities constitutes an imminent danger to public health or safety, Licensor may, by notice to
Licensee, order that such Activities be stopped immediately, or that Licensee erect any barriers,
signs and warning devices as Licensee deems necessary to protect public safety. If Licensee fails
to promptly comply with any requirements of such order, Licensor may do so, in which event,
Licensee shall be obligated to reimburse Licensor for the cost of its work crews undertaking such
work, at the contract rate for any contractors doing such work or at the fully burdened labor costs
for any employees doing such work, and for the cost of any materials used, such reimbursement
to be made by Licensee within 30 days of the billing for same by Licensor.
5. Restoration of Propertv.. Licensee shall promptly backfill and compact to
Licensor's reasonable engineering requirements any excavations in connection with its
Activities, and shall otherwise promptly restore to their original condition or to Licensor's
reasonable satisfaction any of the Licensor's roadway or other improvements, or any other
utilities, that have been damaged or disturbed by such Activities, all at Licensee's sole cost and
expense.
6. Disposal of Waste Material; Responsibility for Remedial Facilities.
A. Disposal of Waste Material, Generator Status. Licensee shall be
responsible, at its sole cost and expense, for the timely disposal or transportation off-site of any
excavated soils, waste materials, or water which are generated in connection with its Activities as
authorized hereunder and which are required under applicable law or regulatory requirement to
be removed from the Property. Licensee agrees that it shall be deemed the sole owner and
generator of any soil, water, or other material that is removed from the Property pursuant to its
Activities as provided hereunder.
B. Ownership of and Responsibility for Remedial Facilities. Licensee
acknowledges that it designed and installed the Remedial Facilities pursuant to the Order and, as
between Licensee and Licensor, Licensee is solely responsible for such design and installation.
Licensee further acknowledges that, as between Licensee and Licensor, and in the absence of a
legal requirement or regulatory order to the contrary, Licensee is also solely responsible for the
02898.139.0002.c 4
operation and maintenance of the Remedial Facilities. In this connection, Licensee
acknowledges and agrees that it is the sole owner and operator of the aforementioned
groundwater monitoring wells and groundwater extraction trench located on the Property, and
any replacements thereof hereafter approved by Licensee, and of any related devices and
equipment that are installed on the Property as authorized hereunder, provided, that such
ownership shall not constitute a fee interest in real property. Licensee has not admitted or
accepted, and nothing in this Agreement shall be construed as an admission or acceptance of,
any responsibility or liability for any Hazardous Materials located in the Property.
7. Underground Structures, Repairs. Licensee shall be responsible, at its sole cost
and expense, for investigating and locating the presence of any underground utilities and/or
other underground improvements or structures on the Property, in order to avoid damaging them
when undertaking the Activities authorized hereunder. In the event that any such utilities,
improvements or structures are damaged as a result of its Activities, Licensee shall at its sole
cost and expense repair them to their condition existing prior to such damage. Without limiting
Licensee's obligations, Licensor shall provide Licensee, upon its request and at its expense, with
a copy of the most recent as -built plans for underground structures that are in Licensor's
possession.
Indemnification, Defense.
A. Licensee's Indemnification and Defense Oblil;ations. Licensee shall
indemnify, defend and hold harmless Licensor, its officers, employees, agents, volunteers,
successors and assigns (collectively, the "Indemnitees") from and against any and all damages,
claims, losses, encumbrances, liens, liabilities, penalties, fines, settlements, causes of action,
judgments, orders, directives, demands and costs and expenses arising from or related to the
Activities or from any breach of this Agreement by Licensee or its employees, agents,
representatives, consultants, contractors or subcontractors, including, without limitation, costs
and expenses of defending any claims or proceedings, whether judicial or administrative, and
also including, without limitation, the designation of any Indemnitee as a "potentially responsible
party" or a "discharger" with respect to the release or re-release on the Property of Hazardous
Substances, except as to each of the above to the extent arising out of the active negligence,
willful misconduct, breach of this Agreement or failure to comply with any applicable law or
regulation of or by Licensor or any Indemnitee.
B. Survival of Indemnification and Defense Oblil;ations. Licensee's
indemnification, defense, and hold harmless obligations as provided for in Paragraph 8(a) above
arising from or related to any Activities or any breach of this Agreement occurring prior to the
termination, cancellation, or expiration of this Agreement shall survive any termination,
cancellation or expiration of this Agreement.
C. Definition of Hazardous Substance. "Hazardous Substances" as used in this
Agreement shall include any substance:
(i) defined as or included, or which becomes defined or included, in the
definition of "hazardous substance," "hazardous waste," "hazardous material," "extremely
hazardous waste," "designated waste," "restricted hazardous waste," or "toxic substance," or
similar term under any local, state, or federal law or under the regulations adopted or
02898,139,0002.c 5
promulgated pursuant thereto, including but not limited to, the Clean Air Act, 42 USC §§ 7401 et
sM.; the Comprehensive Environmental Response, Compensation and Liability Act
("CERCLA"), 42 USC §§ 9601 et seg.; the Resource Conservation and Recovery Act ("RCRA"),
42 USC §§ 6901 et seg.; the Toxic Substance Control Act ("TSCA"), 15 USC §§ 2601 et sem.;
the Hazardous Materials Transportation Act, 49 USC §§ 1801 et seq.; the Federal Insecticide,
Fungicide and Rodenticide Act ("FIFRA"), 7 USC §§ 135 et seq.; the Atomic Energy Act of
1954, 42 USC §§ 2014 et seq.; the Nuclear Waste Policy Act of 1982, 42 USC §§ 10101 et seq.;
the California Hazardous Waste Control Law ("HWCL"), Cal. Health & Safety Code §§ 25100
et seq.; the Porter -Cologne Water Quality Control Act ("Porter -Cologne"), Cal. Water Code §§
13000 et seg.; the Carpenter -Presley -Tanner Hazardous Substance Account Act, Cal. Health and
Safety Code §§ 25300 et see and their associated regulations; or
(ii) which is explosive, corrosive, infectious, radioactive, carcinogenic,
mutagenic, or otherwise hazardous and is regulated by any appropriate governmental authority as
a hazardous material; or
(iii) which is or contains oil, gasoline, diesel fuel or other petroleum
hydrocarbons; or
(iv) which is or contains polychlorinated biphenyls ("PCBs"), asbestos,
urea formaldehyde foam insulation, radioactive materials; or
(v) which is radon gas.
The term "Hazardous Substances" may include without limitation raw materials, building
components, wastes, and the products of any manufacturing or other activities on the Property.
The term "Hazardous Substances" shall include, without limitation, the "contaminants"
identified in the Order and in the Covenant of Deed Restriction recorded as Document No. 89-
45973 in the Marin County Recorder's Office.
D. Other Indemnification Rights. The contractual indemnification rights
provided herein are in addition to, and shall not supercede any common law or statutory
indemnification rights to which either party may hereafter be entitled.
9. Insurance. Prior to commencing the Activities, Licensee shall require its
environmental consultants for the Property to provide Licensor with any Certificate(s) of
Insurance not previously provided to Licensor evidencing the existence of commercial general
liability insurance that specifically includes personal injury and broad form property damage
insurance coverage for the Activities in an amount of not less than One Million Dollars
($1,000,000), naming Licensor as an additional insured. Licensor may as a condition of approval
of any Activities other than Pre -Approved Activities if reasonable in the particular
circumstances, require that the amount of such coverage be increased during the conduct of such
Activities up to a maximum of Five Million Dollars ($5,000,000).
10. Reports and Data. Licensee at its sole cost and expense shall provide Licensor,
upon Licensor's request, with copies of any reports, test results, and associated data which are
submitted to or received from the Regional Water Quality Control Board, the State Department
of Toxic Substances Control, or any other environmental regulatory agency, including with
02898.139.0002.c 6
respect to the groundwater monitoring wells, the groundwater extraction trench, the
environmental conditions on the Property, and the presence on or migration to or from the
Property of the contaminants and other hazardous substances for which the Remedial Facilities
were installed.
11. Termination; Closure. Except for survival of the indemnification obligations as
provided in Paragraph 8, this License shall terminate upon the Licensee's receipt of a "No
Further Action Letter", as defined below, from all applicable regulatory agencies, coupled with
Licensee's completion of the abandonment, closure and removal of the Remedial Facilities as
more fully described below. Licensee at its sole cost and expense shall, in a timely manner, to
Licensor's reasonable satisfaction, in accordance with industry standards and applicable laws,
and subject to the requirements specified in Paragraphs 1 through 7 above, remove all above-
ground Remedial Facilities and cap, seal, remove, abandon, or otherwise close all other
Remedial Facilities, when such aboveground Remedial Facilities and other Remedial Facilities
are no longer reasonably required to satisfy regulatory agency requirements. When closing any
such Remedial Facilities, Licensee at its sole cost and expense, in a timely manner, shall fully
repair and restore to their original condition or to Licensor's reasonable satisfaction, any areas
disturbed or damaged by such closure, including any and all of the Licensor's improvements, and
any utilities. As used herein, the term "No Further Action Letter" means a letter or letters from
all applicable regulatory agencies stating that no further remediation or monitoring is required
for the purposes for which the Remedial Facilities were installed, and specifically authorizing the
abandonment, closure or removal of the Remedial Facilities on the Property. Within thirty (30)
days after Licensor's request following the termination of the License as provided herein,
Licensee shall execute, acknowledge, and deliver to Licensor such documents, in a form
reasonably acceptable to Licensor, as may be required to evidence termination of the License.
12. Notices. Any notice or communication hereunder shall be in writing and sent by
facsimile or by first class mail, addressed to the parties at the addresses listed below, or to such
other addresses as the party may from time to time designate in writing. Notices shall be deemed
received upon actual receipt of the notice by the primary representative of the party being sent
the notice.
If to Licensor: Public Works Director
City of San Rafael
P.O. Box 151560
San Rafael, CA 94915-1560
Fax No. (415) 485-3334
If to Licensee: Manager, Environmental Services Dept.
Pacific Gas and Electric Company
P. O. Box 7640
San Francisco, CA 94120
Attn: Patricia Sullivan
San Rafael MGP Site Manager
Fax No. 415-973-9201
02898.139.0002 c 7
13. Governing Law,. This Agreement shall in all respects be interpreted, enforced,
' and governed by and under the laws of the State of California applicable to instruments,
transactions and persons which have legal origin, contacts and relationships solely within the
State of California.
14. Entire Agreement. This License Agreement supersedes all previous or oral
agreements between and representations by or on behalf of the parties and constitute the entire
agreement of the parties with respect to the subject matter hereof. This Agreement may not be
amended except by written agreement executed by the parties.
15. Assignment. The provisions hereof shall inure to the benefit of and bind the
successors and assigns of the respective parties hereto, and all covenants shall apply to and run
with the land.
16. Attornevs' Fees and Costs. In the event that any party commences a legal action
or proceeding to enforce any of the terms hereof, or because of a breach of any of the terms
hereof, the losing or defaulting party shall pay to the prevailing party reasonable attorney's fees,
costs and expenses incurred in connection with the prosecution or defense of such action.
written.
17. Effective Date: This Agreement is effective as of the first date hereinabove
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
hereinabove written.
PACIFIC GAS & ELECTRIC COMPANY CITY OF SAN RAFAEL
By: C7 By:
Its: Its: eLBE4T J. 0. Mavor
ATTEST:
Approved as to form:
PG&E Law Department
By: rm
42)
JUAN M. JAY
PG&E Law Dept.
02898.139.0002.c
By:
JE N -E M. EECI I
Its: City Clerk
Exhibit A
Maa of Property
02898.139 0002.c
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Exhibit B
Pre-Auvroved Activities
Pre -Approved Activities shall include the operation, maintenance, and repair of the
existing groundwater monitoring wells C#64, C#65, C#66, C#72A, C#73, C#74, WS -23A,
WS -24, WS -25, TT -1, TT -2, TT -3 and TT -4, and the existing groundwater extraction trench,
located on the Property as of the Effective Date, as generally shown on the map attached hereto
as Exhibit "A". The Pre -Approved Activities include, and are limited to, the activities described
below, including the reasonable staging and storage of all equipment and vehicles reasonably
related thereto:
• Groundwater monitoring wells: operation, maintenance, testing, sampling, repair,
and replacement of parts;
• Groundwater extraction trench: operation, monitoring, testing, sampling, clean-out,
repair, and replacement of parts within the existing trench.
02899 139.0002 c 10
REIMBURSEMENT AGREEMENT
This Reimbursement Agreement ("Agreement") is made and entered into as of the 23rd
day of October, 2000, by and between the City of San Rafael, a charter city in the State of
California ("City"), and Pacific Gas and Electric Company, a California corporation ("PG&E"),
in consideration of value received and the covenants made herein.
WHEREAS, City is the owner of certain real property consisting of portions of Lindaro
Street, Brooks Street, Second Street, Third Street and Lincoln Avenue rights of way, as depicted
on the map attached hereto as Exhibit "A" (the "Street Areas");
WHEREAS, PG&E was the owner of certain property adjacent to the Street Areas which
was the site of a gas manufacturing facility, and PG&E has constructed, pursuant to a remedial
action plan approved by the Department of Toxic Substances Control and the Regional Water
Quality Control Board (including through San Francisco Bay Regional Water Quality Control
Board Waste Discharge Requirements, Order No. 85-50 (the "Order")), certain environmental
remedial facilities;
WHEREAS, the City has encountered soil and groundwater in the Street Areas which it
believes were contaminated by polynuclear aromatic hydrocarbons ("PNAs") some of which
may have resulted from disposal of waste residues from the gas manufacturing facility; and
WHEREAS, PG&E and City desire to avoid disputes regarding responsibility for costs
attributable to contaminated soils and groundwater arising out of future City projects involving
excavations in the Street Areas.
NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties
hereby agree as follows:
1. Definitions. The following capitalized terms, when used in this Agreement, shall
have the meanings set forth below:
(a) Soil Disposal Costs. Actual and reasonable costs incurred by City during the
Term (i) for disposal at appropriate, licensed disposal facilities (either Class
I, Class II or Class III, whichever is required) of soil excavated from the
Street Areas, but only to the extent the cost of such disposal is attributable to
the presence of PNAs and only to the extent the cost of disposal of such soil
exceeds the cost which would have been incurred in disposing of soil which
does not contain PNAs at a Class III disposal facility; (ii) for loading and
transportation of such soil from either the Street Areas or Stockpiles to a
Class I or Class II disposal facility, but only to the extent the cost of such
loading and transportation exceeds the cost which would have been incurred
in loading and transportation of such soil to a Class III disposal facility,
02898.139.0001.c } C P F
(iii) for loading and transportation of such soil from either the Street Areas or
Stockpiles to a Class III disposal facility, but only to the extent the cost of
such loading and transportation exceeds the cost which would have been
incurred in loading and transportation of such soil to a closer Class III
disposal facility which closer facility could be used if the soil did not contain
PNAs, and (iv) for loading and transportation of soil excavated from the
Street Areas to Stockpiles;
(b) Stockvile(s). Temporary storage areas located within a reasonable distance
of the Street Areas, but in any event within the City, at which excavated soils
from the Street Areas are stored pending testing or profiling required to
determine its appropriate disposal;
(c) Term. The term of this Agreement, which shall commence on the date of this
Agreement and shall terminate, unless extended by mutual agreement of the
parties, on the date ten (10) years after the date of this Agreement.
(d) Water Disposal Costs. Actual and reasonable costs incurred by City during
the Term to temporarily store, dispose of, and, if applicable, filter or otherwise
treat groundwater pumped from excavations in the Street Areas, which
groundwater cannot be disposed of without treatment directly into the public
sewers, but only to the extent such costs are attributable to the presence of
PNAs.
(e) Work. Any excavation work, or other construction, repair, or maintenance
work, performed by or on behalf of the City within the Street Areas, which
reasonably requires the disposal of soil or groundwater removed from the
Street Areas.
2. Bids. If Work is to be performed on behalf of City by independent contractors,
City shall obtain bids for such Work which identify separately from any other costs any Soil
Disposal Costs and/or Water Disposal Costs, on a unit cost basis where feasible. City shall
provide the bid documents to PG&E for review and comment at least ten (10) days prior to
issuance. The City issued for bid Specification and Contract Documents (the "Project
Documents,") on May 5, 1999 for the Second Street Widening and Lindaro Street Rule 20
Underground Utility District project, and a copy of the Bid Form from the Project Documents is
attached hereto as Exhibit B. PG&E acknowledges that it was provided an adequate opportunity
to review the Project Documents, and City and PG&E acknowledge that the Bid Form is
designed to identify Soil Disposal Costs as Surcharge A and B, Items 1-9(a) and 1-9(b) and
Water Disposal Costs as Item 1-11, as described in Section 3 (pages 3-19 and 3-20) of the
Project Documents.
3. Observation of Work. City shall permit PG&E to observe any Work in progress.
Should PG&E at any time make a request for information about such Work, or to observe such
Work, or to take split portions of samples of soil or groundwater taken by City from the Street
Areas, City, its consultants, contractors, and representatives shall provide reasonable cooperation
to accommodate such a request. In observing any Work, PG&E personnel and agents shall
02898.139.0001.c 2
comply with any applicable Health and Safety Plan, including, with respect to the Second Street
Widening and Lindaro Street Rule 20 Underground Utility District project, the Health and Safety
Plan prepared by Harding Lawson & Associates contained in the Project Documents.
4. Reimbursement. If, in the performance of Work during the Term, the City incurs
Soil Disposal Costs and/or Water Disposal Costs, PG&E agrees to reimburse the City for (i)
eighty-two and a half percent (82.5%) of any Soil Disposal Costs, and (ii) sixty-six and sixty-
seven one hundredths percent (66.67%) of any Water Disposal Costs. PG&E shall pay amounts
due within thirty (30) days after receipt of a written request therefore from the City, accompanied
by itemized invoices and sufficient supporting documentation as may be reasonably required to
determine that the invoiced cost is reimbursable under this Agreement. Except as provided in
this Paragraph 3, the City shall bear all costs of any work in the Street Areas, including, without
limitation, costs related to project management, preparation and management of Stockpiles,
traffic control, worker training, testing, profiling and the cost of outside consultants, whether or
not such costs are attributable to the presence of contaminated materials in any soil or water
encountered in the Street Areas.
5. Compliance With Laws; Safetv. City shall comply with all applicable
governmental statutes, codes, ordinances, orders, permits, directives, guidelines, rules, and
regulations ("Laws") in performing Work in the Street Areas and in the disposal of any soil or
water removed from the Street Areas. City shall, at its sole cost and expense, take all reasonable
steps to protect the public health and safety during all phases of the Work, including, without
limitation, air monitoring and erection of such barricades, signs and warning devices or
institution of such other traffic control procedures as may be reasonably necessary to protect the
public during such Work.
6. Disposal of Waste Material. City agrees that it shall be required to sign any
hazardous waste or non -hazardous waste manifests for any soil, water, or other material that is
removed from the Street Areas.
7. Compromise of Claims. This Agreement constitutes a compromise of potential
future claims. PG&E has not admitted, and does not hereby admit, any responsibility or liability
for the presence of any contaminated materials in the Street Areas or for any costs which may be
associated in any way with any such contaminated materials. The City and PG&E agree that
neither this Agreement, nor any discussions or negotiations related thereto, shall be admissible
in any future proceedings between them, excepting only an action to enforce this Agreement.
8. Term and Scope. This Agreement shall terminate, and shall be of no further force
or effect, upon the expiration of the Term, unless the parties mutually agree to extend such Term.
This Agreement does not apply to, and nothing herein shall preclude City from pursuing, any
claims that City may have with respect to work performed in the Street Areas prior to the
effective date of this Agreement or after the expiration of the Term, nor shall this Agreement
apply to work performed by City at any time on City property other than the Street Areas. With
respect to any claims arising out of Work performed in the Street Areas during the Term, City
acknowledges that this Agreement constitutes a release of potential claims and acknowledges
that it is waiving with respect to such claims any rights pursuant to California Civil Code Section
1542, which provides:
02898.139.0001.c 3
A general release does not extend to claims which the creditor
does not know or suspect to exist in his favor at the time of
executing the Release which if known by him must materially
affected his settlement with the bidder.
9. Notices. Any notice or communication hereunder shall be in writing and sent by
facsimile or by first class mail, addressed to the parties at the addresses listed below, or to such
other addresses as the party may from time to time designate in writing. Notices shall be deemed
received upon actual receipt of the notice by the representative of the party being sent the notice.
If to City: Public Works Director
City of San Rafael
P.O. Box 151560
San Rafael, CA 94915-1560
Fax No. (415) 485-3334
If to PG&E: Manager, Environmental Services Dept.
Pacific Gas and Electric Company
P. O. Box 7640
San Francisco, CA 94120
Attn: Patricia Sullivan
San Rafael MGP Site Manager
Fax No. 415-973-9201
10. Governing Law. This Agreement shall in all respects be interpreted, enforced,
and governed by and under the laws of the State of California applicable to instruments,
transactions and persons which have legal origin, contacts and relationships solely within the
State of California.
11. Entire Agreement. This Agreement supersedes all previous or oral agreements
between and representations by or on behalf of the parties and constitute the entire agreement of
the parties with respect to the subject matter hereof. This Agreement may not be amended
except by written agreement executed by the parties.
12. Assignment. The provisions hereof shall inure to the benefit of and bind the
successors and assigns of the respective parties hereto. Notwithstanding the foregoing, City may
not assign this Agreement without the prior written consent of PG&E, which consent PG&E may
withhold in its sole and absolute discretion. The provisions of this Agreement are for the benefit
of the parties hereto and not for any other person.
13. Attorneys' Fees and Costs. In the event that any party commences a legal action
or proceeding to enforce any of the terms hereof, or because of a breach of any of the terms
hereof, the losing or defaulting party shall pay to the prevailing party reasonable attorney's fees,
costs and expenses incurred in connection with the prosecution or defense of such action. The
prevailing party shall also be entitled to court costs and reasonable attorneys' fees incurred in
02898.139.0001.c 4
any post judgment proceedings to collect and enforce the judgment, and this provision shall
survive the merger of this Agreement into any judgment on this Agreement.
14. Effective Date: This Agreement is effective as of the date first hereinabove
written.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
hereinabove written.
PACIFIC GAS AND ELECTRIC COMPANY
By:�.
Its: CuM" 1JJ55E- A-. 010AM-rep, ES&S
Approved as to form:
PG&E LaDe arC 1e fora
By. .�.
J M. JA&b
PG&E Law Dept.
02898.139.0001.c
CITY OF SAN RAFAEL
By:eLBRT
Its: J. B r
ATTEST:
By: ht _
JE NqE P9. L E 0 i4 JI
Its: City Clerk
Exhibit A
Mau of Street Areas
02898.139.0001.c
6 pt
9 L
4
t
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gal
2
3
UNCaU>AV
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1
1
IL
s
5
.. .. .. .. . .. .. .
J
Exhibit B
Bid Form
02898.139.0001.c
PRICE OF ITEMS
REBID -- SECOND STREET WIDENING AND
LINDARO STREET RULE 20A UNDERGROUNDING
UTILITY DISTRICT
General Note Parts 1,2 & 3: In the event of error or conflict in the prices set forth below, the "Unit
Price" will govern. In the event that "Unit Price" is illegible or
indistinguishable it shall be established by dividing the "Total Price"
by the "Number of Units".
PART 1 (Second Street Widening)
Note: a. Bid Items 1-1, 1-2, 1-3, 1-4 only. Refer to work associated with
PART 1 (Second Street Widening) and PART II (Traffic Signals)
only.
b. Bid Items 1-1,'1-2, 1-3 and 1-4: Contractor may choose to include
entire amount or a portion thereof of the "Not to Exceed Amount."
C. Bid Items 1-1,1-2, 1-3 and 1-4: Lump sum prices for these Bid Items
will be paid for as a percentage of the job completed, i.e. 30% of
Parts 1 and 2 completed shall be paid 30% of Bid Item. -
UNIT TOTAL
NO.
ITEM
_
QUANTITY PRICE PRICE
1-1
Mobilization (Parts 1 & 2 only)
(Not to exceed 5100,000)
(State specification Section 11-1.01)
L.S.
1-2
Provide Traffic Control (Parts 1 & 2 only)
(Not to exceed $15,000)
L.S.
1-3
Furnish and install K -Rail with Privacy Screen
(Detail -Sheet CS)
(Not to exceed 530,000)
L.S.
1-4
ClearingiGrub (trees, misc. utilities, fencing, signs)
(Not to exceed 510,000)
L.S.
1-5
Removal and disposal of existing 4" product line G
Lindaro/2nd
L.S.
1-6
Removal and disposal of existing concrete
sidewalk, curb/ gutter
8,365 S.F.
1-7
Removal and disposal of existing storm drains
(includes catch basins, manholes and vaults)
520 L.F.
Proposal -3
Smer0m data %%Wfi SPEC SFLV :adSt BidShect67n
UNIT TOTAL
NO. ITEM QUANTITY PRICE PRICE
1-8 Excavation, removal and disposal of existing AC
pavement and existing road base (approx. 6"
AC/ 10" AB) - Upper portion of Storm Drain Only.
a. Grinding of existing AC pavement (North side of
2nd Street).
1-9 Excavation, loading, direct hauling and disposal of
excavated material to a Class 3 landfill or stockpile
area to accommodate new roadway, lower portion
of storm drain trench, and curb/gutter/sidewalk.
a. Surcharge A - Stockpile, reload, hauling and
disposal at Class 3 landfill. (Add-on to Item 1-6.)
b. Surcharge B - Hauling and disposal at Class 2
landfill. (Add-on to Items 1-6 and 1-6a.)
1-10 Furnish and install excavation protection mitigation
per square foot of excavation (Detail I/C3, Section
A-A/C1). Includes 2" A.B., plastic sheeting (both
sides of excavation), sandbags and removal.
1-11 Pumping, storage, testing and disposal of
groundwater
1-12 Furnish/install 30" Type "A" concrete curb
1-13 Furnish/install 4.5' Type `B" concrete sidewalk
a. Furnish/install 10' wide (6" thick) concrete
protection pad (Electric conduit protection).
1-14 Fumish/install temp. AC walk
1-15 Furnish/install 42" H steel handrail
1-16 Furnish/install 18" PVC storm drain (includes
backfill)
1-17 Furnish/install 18" PVC storm drain w/CDF
backfill
1-18 Furnish/install 12" PVC storm drain (includes
backfill)
1-19 Furnish/install 15" RCP storm drain (includes
backfill)
1-20 Furnish/install 18" RCP storm drain (includes
backfill)
Sma'i`nt data WP6r) SPECS FLA F2ndSt SidSheet 970
400 S.Y.
835 S.Y.
2,237 C.Y.
2,230 Tons
800 Tons
17.,000 S.F.
10,000 Gals.
1,480 L.F.
3,125 S.F.
2,000 S.F.
700 S.F.
180 L.F.
655 L.F.
370 L.F.
74 L.F.
7 L.F.
12 L.F.
Proposal - 4
SUBTOTAL - PART 1 (Second Street Widening):
S,r9!r.t .... K760 SPECSRAF:ndSt BidShca 870 Proposal - do
UNIT TOTAL
NO.
ITEM
QUANTITY PRICE PRICE
1-21
Furnish and place 5" reinforced concrete protection
pad
29 C.Y.
1-22
Furnish/install Type "A" storm drain manhole
(UCS #202)
7 Ea.
1-23
Furnish/install Type "B" storm drain manhole
(UCS #203)
1 Ea.
1-24
Furnish/install Type "E" catch basins (UCS 9224)
5 Ea.
1-25
Modify existing storm drain manhole
1 Ea.
1-26
Furnish/install concrete wheelchair ramps
2 Ea.
1-27
Fine grading
23,680 S.F.
1-28
Furnish and place 16" AC section
2,080 Tons
1-29
Furnish and place 1.5" AC overlay
1100 Tons .
a.
Furnish and place pavement underlayment
14,485 S.Y.
1-30
Relocate existing R/R/ crossing arm as directed
L.S.
SUBTOTAL - PART 1 (Second Street Widening):
S,r9!r.t .... K760 SPECSRAF:ndSt BidShca 870 Proposal - do
PART 2 (Traffic Signals)
sp,.t,it., dam pp5rj cPECSF- FZ=at BidSbtet 470 Proposal -5
UNIT TOTAL
NO.
ITEM
QUANTITY PRICE PRICE
2-1
Remove Roadside Signs
11 EA.
2-2
Remove Existing Pavement Markings
5,317 L.F.
2-3
Roadside Signs
20 EA.
2-4
Signal and Lighting
3 EA.
2-5
Street Lights
30 EA -
2 -6
Twisted Pair Cable
4,060 L.F.
2=7
Pull Boxes
42 EA.
2-8
Striping
7,974 L.F.
2-9
Pavement Markings
2,050 S.F.
SUBTOTAL - PART 2 (Traffic Signals):
sp,.t,it., dam pp5rj cPECSF- FZ=at BidSbtet 470 Proposal -5
Part: Underground Utility District)
The prices for Bid Items shown below, for Part 3 of Contract (UUD), shall include the
cost to perform all of the items of general work, and incidental work, that are
required to complete the project. The cost of the general items and incidental work shall be
distributed proportionally to the specific, appropriate work items shown below.
General items for UUD work are described in Special Provision Section 3,
Part 3 of Contract, "UUD Specification," in Section 0, "General" through
Section 1.04, "Underground Joint Utility Systems - General (All Utilities)."
City of San Rafael RESID PROPOSAL - 6
96012.04\...\REBID UUD Bid Sheets2.xls 2nd Street Widening and Undaro UUD May 4'99
Underground Telephone (Pacific Bell)
UNIT TOTAL
NO.
ITEM
QUANTITY PRICE PRICE
3-8
Underground Electric (PG&E) (Excavation Only)
4 EA
3-1
E-2 Secondary Electric Box, 17" x 30" I.D. Box
3 EA
3-2
E-3 Secondary Electric Box, 24" x 36" I.D. Box
6 EA
3-3
E-5 Electric Box (Primary or Secondary), 36" x 60" I.D.
7 EA
3-4
E-7 Primary Electric Box, 52" x 78" I.D. Box
13 EA
3-5
Bell Hole, 48" x 48"
14 EA
3-6
Transformer Pad, 60" x 60"
1 EA
3-15
2" Telephone Conduit
SUBTOTAL:
3-16
Note: Electrical Conduit and boxes to be furnished and placed by PG&E '
City of San Rafael RESID PROPOSAL - 6
96012.04\...\REBID UUD Bid Sheets2.xls 2nd Street Widening and Undaro UUD May 4'99
Underground Telephone (Pacific Bell)
3-7
Excavation for T-4 Splice Box
4 EA
3-8
T4 Splice Box, 30" x 48" I.D. Box,
4 EA
3-9
Excavation for T-5 Splice Box
6 EA
3-10
T-5 Splice Box, 30" x 60" I.D. Box
6 EA
3-11
Excavation for T-8 Splice Box
1 EA
3-12
T-8 Splice Box, 48" x 78" I.D. Box
1 EA
3-13
Excavation for Service Area Interface (SAI)
1 EA
3-14
SAI Concrete Pad, 60" x 60"
1 EA
3-15
2" Telephone Conduit
760 LF .
3-16
4" Telephone Conduit
8,650 LF
3-17
Bell Hole, 36" x 36"
1 EA
3-18
Bell Hole, 48" x 48"
2 EA
SUBTOTAL:
City of San Rafael RESID PROPOSAL - 6
96012.04\...\REBID UUD Bid Sheets2.xls 2nd Street Widening and Undaro UUD May 4'99
Part 3 aderground Utility District)
SUBTOTAL:
Signal & Street Light (City of San Rafael)
3-29 2" Signal Interconnect Conduit with Wiring 2,496 EA
3-30 Remove Existing Street Light 26 EA
3-31 2" Street Light Conduit with Wiring 3,191 LF
SUBTOTAL:
Underground Cable Television (TCI)
3-19
Excavation for B-330 Splice Box
2 EA
3-20
B-30 Splice Box, 13" x 24"
2 EA
3-21
Excavation for B-36 Splice Box
24 EA
3-22
B-36 Splice Box, 17" x 30"
24 EA
3-23
Excavtion for B-4.4 Splice Box
9 EA
3-24
B44 Splice Box, 20" x 42" I.D. Box
9 EA
3-25
Bell Hole. 36" x 36"
1 EA
3-26
V CAN Conduit
192 LF
3-27
2" CATV Conduit
10,186 LF
3-28
4" CATV Conduit
1,915 LF
SUBTOTAL:
Signal & Street Light (City of San Rafael)
3-29 2" Signal Interconnect Conduit with Wiring 2,496 EA
3-30 Remove Existing Street Light 26 EA
3-31 2" Street Light Conduit with Wiring 3,191 LF
SUBTOTAL:
City of San Rafael REBID PROPOSAL - 7
96012.04\...\REBID UUD Bid Sheets2.xls 2nd Street Widening and Lindaro UUD May 4'99
Joint Trench Excavation / Backfill
3-32
Trench Section DI
18" x 39"
Duct area
46 LF
3-33
Trench Section D3
18" x 63"
Duct area
24 LF
3-34
Trench Section D4
18" x 44"
Duct area
156 LF
3-35
Trench Section D7
18" x 58"
Duct area
538 LF
3-36
Trench Section D8
12" x 58"
Duct area
41 LF
3-37
Trench Section D9
18" x 53"
Duct area
39 LF
3-38
Trench Section DIO
18" x 47"
Duct area
17 LF
3-39
Trench Section D11
18" x 63"
Duct area
18 LF
3-40
Trench Section D12
18" x 44"
Duct area
171 LF
341
Trench Section D13
18" x 58"
Duct area
248 LF
3-42
Trench Section D14
18" x 59"
Duct area
22 LF
3-43
Trench Section E
18" x 96"
Duct area
12 LF
City of San Rafael REBID PROPOSAL - 7
96012.04\...\REBID UUD Bid Sheets2.xls 2nd Street Widening and Lindaro UUD May 4'99
Part 3 nderground Utility District)
3-44
Trench Section E2
18" x 58" Duct area
45 LF
3-45
Trench Section E3
18" x 44" Duct area
47 LF
3-46
Trench Section E6
18" x 63" Duct area
6 LF
3-47
Trench Section E7
18" x 58" Duct area
15 LF
3-48
Trench Section E9
12" x 40" Duct area
48 LF
3-49
Trench Section Ell
12" x 39" Duct area
130 LF
3-50
Trench Section E12
18" x 40" Duct area
46 LF
3-51
Trench Section F1
12" x 39" Duct area
160 LF
3-52
Trench Section F3
18" x 39" Duct area
32 LF
3-53
Trench Section F9
18" x 40" Duct area
3 LF
3-54
Trench Section H2
18" x 100" Duct area
22 LF
3-55
Trench Section H3
18" x 63" Duct area
26 LF
3-56
Trench Section H5
18" x 63" Duct area
187 LF
3-57
Trench Section H7
18" x 58" Duct area
135 LF
3-58
Trench Section H9
18" x 64" Duct area
8 LF
3-59
Trench Section I5
18" x 63" Duct area
222 LF
3-60
Trench Section J7
18" x 68" Duct area
27 LF
3-61
Trench Section J8
18" x 63" Duct area
55 LF
3-62
Trench Section J9
18" x 63" Duct area
5 LF
3-63
Trench Section L
12" x 31" Duct area
561 LF
3-64
Trench Section L1
12" x 33" Duct area
114 LF
3-65
Trench Section L2
12" x 39" Duct area
340 LF
3-66
Trench Section L3
12" x 39" Duct area
656 LF
3-67
Trench Section L5
12" x 33" Duct area
238 LF
3-68
Trench Section L6
18" x 44" Duct area
28 LF
3-69
Trench Section L8
18" x 40" Duct area
5 LF
3-70
Trench Section L10
12" x 37" Duct area
430 LF
3-71
Trench Section Ll 1
12" x 40" Duct area
79 LF
City of San Rafael REBID PROPOSAL - 8
96012.04\ ... \REBID UUD Bid Sheets2.xls 2nd Street Widening and Undaro UUD May 4'99
3-72
3-73
3-74
3-75
3-76
3-77
3-78
3-79
3-80
3-81
3-82
3-83
3-84
3-85
3-86
3-87
3-88
3-89
3-90
3-91
3-92
3-93
3-94
3-95
3-96
Part Underground Utility District)
Trench Section 01
Trench Section P
Trench Section P1
Trench Section P2
Trench Section P3
Trench Section P4
Trench Section P5
Trench Section P6
Trench Section P7
Trench Section P8
Trench Section P9
Trench Section P10
Trench Section PH
Trench Section P 12
Trench Section P13
Trench Section P14
Trench Section S2
Trench Section S3
Trench Section S5
Trench Section S6
Trench Section S7
Trench Section S8
Trench Section SIO
Trench Section Sl 1
Trench Section S12
12" x 45" Duct area
12" x 47" Duct area
12" x 47" Duct area
18" x 45" Duct area
18" x 54" Duct area
12" x 45" Duct area
18" x 47" Duct area
18" x 47" Duct area
12" x 52" Duct area
12" x 56" Duct area
12" x 58" Duct area
12" x 45" Duct area
18" x 46" Duct area
18" x 56" Duct area
18" x 51" Duct area
18" x 58" Duct area
12" x 33" Duct area
12" x 39" Duct area
18" x 40" Duct area
18" x 33" Duct area
12" x 39" Duct area
18" x 46" Duct area
18" x 40" Duct area
12" x 33" Duct area
18" x 40" Duct area
29 LF
40 LF
377 LF
153 LF
40 LF
275 LF
218 LF
279 LF
8 LF
85 LF
145 LF
49 LF
26 LF
152 LF
15 LF
11 LF
93 LF
114 LF
100 LF
72 LF
112 LF
59 LF
49 LF
5 LF
33 LF
City of San Rafael REBID PROPOSAL - 9
96012.04\ ... \REBID UUD Bid Sheets2.xls 2nd Street Widening and Undaro UUD May 4'99
3-97
3-98
3-99
3-100
3-101
3-102
3-103
3-104
3-105
3-106
3-107
3-108
3-109
3-110
3-111
3-112
3-113
3-114
3-115
3-116
3-117
3-118
3-119
3-120
3-121
3-122
3-123
Pari (Underground Utility District)
Trench Section S 13
Trench Section T I
Trench Section T2
Trench Section T3
Trench Section T4
Trench Section T6
Trench Section VI
Trench Section V2
Trench Section V4
Trench Section V5
Trench Section V6
Trench Section V7
Trench Section W2
Trench Section X2
Trench Section X4
Trench Section X8
Trench Section X12
Trench Section Y6
Trench Section Z5
Trench Section Z7
Trench Section SV 1
Trench Section SV2
Trench Section SV3
Trench Section SV4
Trench Section SV5
Trench Section SV6
Trench Section Y7
18" x 40" Duct area
12" x 33" Duct area
18" x 39" Duct area
18" x 39" Duct area
18" x 44" Duct area
18" x 44" Duct area
12" x 39" Duct area
12" x 39" Duct area
12" x 39" Duct area
12" x 40" Duct area
18" x 39" Duct area
12" x 40" Duct area
24" x 100" Duct area
24" x 81" Duct area
24" x 86" Duct area
24" x 76" Duct area
24" x 76" Duct area
24" x 118" Duct area
24" x 112" Duct area
24" x 105" Duct area
12" x 39" Duct area
12" x 39" Duct area
18" x 31" Duct area
12" x 39" Duct area
18" x 45" Duct area
18" x 40" Duct area
24" x 83" Duct area
TOTAL:
18 LF
405 LF
268 LF
14 LF
147 LF
232 LF
10 LF
18 LF
23 LF
32 LF
8 LF
19 LF
49 LF
16 LF
53 LF
9 LF
38 LF
106 LF
35 LF
10 LF
177 LF
127 LF
10 LF
16 LF
35 LF
10 LF
16 LF
9,442 LF
SUBTOTAL:
City of San Rafael REBID PROPOSAL -10
96012.04\ ... \REBID UUD Bid Sheets2.xis 2nd Street Widening and Lindaro UUD May 4'99
Pal (Underground Utility District)
Material Handling / Hauling / Disposal
3-124
Surcharge A - Stockpile. Then Dispose at Class 3 Landit 4,860 TON
3-125
Surcharge B - Haul, and Dispose at Class 2 Landfill 2,835 TON
3-126
Pumping, storage, testing and disposal of ground water 20,000 GAL
SUBTOTAL:
Roadway Imrovements in UUD
3-127 Cold Planing (edge grind) Existing AC Pavement
3-127A AC Pavement Underlayment
3-128 AC Pavement Overlay
3-129 Adjust Frame & Cover to Finish Grade
3-130 Replace Pavement Markings
4,500 SY
15,300 SY
1,600 TON
21 EA
1 LS
SUBTOTAL:
SUBTOTAL FOR PART 3:
City of San Rafael RE81D PROPOSAL - 11
96012.04\...\REBID UUD Bid Sheets2.xls 2nd Street Widening and Lindaro UUD May 4'99
SECOND STREET WIDENING AND
LINDARO STREET RULE 20A UNDERGROUNDING
BID SUMMARY
PART ONE 2ND STREET WIDENING
PART TWO TRAFFIC SIGNALS
PART THREE UNDERGROUND UTILITY
SUBTOTAL:
SUBTOTAL:
SUBTOTAL:
BID TOTAL:
savailyddata %«eoSPEC sRAF :aasteicseectem Proposal • 12