HomeMy WebLinkAboutCC Resolution 7540 (Canal Hydrosurvey)RESOLUTION NO. 7540
A RESOLUTION AUTHORIZING THE SIGNING OF A
CONTRACT, LEASE OR AGREEMENT
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows:
The MAYOR and CITY CLERK are authorized to execute, on behalf of
the City of San Rafael, a contract, lease or agreement with
THE UNITED STATES OF AMERICA TO CONDUaT A HvnRnRTTRN7RV OF THE
NON-FEDERAL PORTION OF THE SAN RAFAEL CANAL (Cost: $5,100)
a copy of which is hereby attached and by this reference made a part
hereof.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby
certify that the foregoing resolution was duly and regularly intro-
duced and adopted at a Regular meeting of the City Council of said
City held on Mondav
the 18th day of May ,
19 87 , by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Willms & Mayor Mulryan
NOES: COUNCILMEA1BERS: None
ABSENT: COUNCILMEMBERS: None
JEA E LEONCINI, City Clerk
ORlGl�g�ya
AGREEMENT
BETWEEN TETE UNITED STATES OF AMERICA
AND
THE CITE' OF SAAB RAFAEL
This Agreement is entered into this 1_� day of .*v
1987, by and between the United States of America, hereinafter,
called the "Government", represented by the Contract -ng Officer
executing this Agreement, and the City of San Rafael,
hereinafter called "The City".
Whereas, the San Rafael Creek Maintenance Dredging Project
and Hydrosurvey, was authorized by the River and Harbor Act of
1919, and
Whereas, the City, local sponsor for this project, has
requested the Government to include as part of its Condition
Survey areas of San Rafael Creek adjacent to the Government
Channel, to be accomplished by the Government at the City's
expense by the City furnishing to the Government the funding,
necessary to perform the additional work, hereinafter known as
"Contributed Funds, Other".
NOW, THEREFORE, the parties agree as follows:
A. The City agrees to:
1. Hold and save the Government free from damages to
person and property that might result from the additional
hydrosurvey work except for damages caused solely by the fault
or negligence of the Government or its agents.
2. Provide, prior to the Government's award of the
hydrosurvey contract, a check made payable to the Finance and
Accounting Officer, Sacramento District Corps of Engineers, in
an amount sufficient to reimburse the Government for the costs
of surveying the areas adjacent to the Government channel,
including engineering, design, supervision, and administration,
presently estimated at $5,100. Said check shall be delivered
care of U.S. Army Corps of Engineers, Sar. Francisco District;
Attn: Resource Management Office.
3. Provide to the Government, during the performance
of the contract, such additional funds as may be necessary to
reimburse the Government for the costs of the Government
surveying the areas adjacent to the Government channel, in the
event that said costs should exceed the amount set forth in
paragraph A.2. above.
4. The City shall have the right to reject the
contractor's proposal of the City's portion of the condition
survey if said offer exceeds $4,..00.
�', Opy
B. The Government agrees to:
1. Perform all the additional hydrosurvey work
requested by the City.
2. Estimate and submit to the City a summary of the
unit prices which formed the basis of the Government's working
estimates for the hyrosurvey of the areas adjacent to the
Government channel.
3. Provide to the City a summary of the Contractor's
proposal on the Government contract .
4. Award and administer the contract for the
additional hydrosurvey work requested by the City, all subject
to performance by the City of its obligations set forth herin.
5. Return tc the City, after the Government's final
payment to its contractor, any funds which were received
pursuant to paragraph A.2. above, which exceed the amount
actually paid to the Government's contractor for performance of
the Governments hydrosurvey.
6. In the event the above-mentioned contract is not
awarded, return to the City all funds received pursuant to
Paragraph A.2. above.
C. The parties to this agreement further understand that if
the City fails to provide funds as required by this agreement,
the Government will not carry out the addition hydrosurvey work.
IN WITNESS WHEREOF, the parties hereto executed this Agreement
as of the day and year above written.
THE UNITED STATES OF AMERICA
ANDREW M. PERKINS, JR.
LTC, CE
DISTRICT ENGINEER
U.S. ARMY CORPS OF ENGINEERS
DATE
THE CITY OF SAN RAFAEL
<�L�AVQ`NCE E. MULyRYAN, MAYOR
Attest �-� /y• '
6�etne M. Le ncini
City Clerk
DATE S- /P / / 87
RECQ'fI LADED FOR APPROVAL:
4
Vh
E N , Director of
FORM PPROV: Public Works
GARY T. RAGGI-i IANTI
L ty Attorney
I do hereby certify that I am the Legal Counsel for the City
of San Rafael, which the City is a legally constituted public
body with full authority and capability to perform the terms of
the Agreement between the United States and The City of San
Rafael, in connection with the pertinent work requested, and to
pay damages , if necessary, in the event of the failure to
perform in accordance with Section 221 of Public Law 91-611 and
that the persons who have executed this Agreement have acted
within their statutory authority.
Counsel for The City of
San Rafael
i/
BY t t 1
Community Counsel - City Attorney
Gary T. Ragghianti
DATEj-