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HomeMy WebLinkAboutResolution No. 5562RESOLUTION NO. 5562 RESOLUTION AUTHORIZING EXECUTION OF SUPPLEMENTAL AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND THE LAS GALLINAS VALLEY SANITARY DISTRICT, SMITH RANCH ASSESSMENT DISTRICT NO. 1, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA BE IT RESOLVED by the City Council of the City of San Rafael that that certain supplemental agreement dated the 6th day of November, 1978, by and between the City of San Rafael and the Las Gallinas Valley Sanitary District in connection with Smith Ranch Assessment District No. 1, City of San Rafael, Marin County, Calif- ornia, be, and the same is hereby approved, and the Mayor of the City of San Rafael is authorized to sign and the City Clerk is authorized to attest said agreement, which said agreement is attached hereto. I HEREBY CERTIFY that the foregoing resolution was duly and regularly adopted by the City Council of the City of San Rafael, Marin County, California, at a regular meeting thereof, held on the 6th day of November, 1978, by the following vote, to wit: AYES: Councilmembers Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmembers None ABSENT: Councilmembers None JEANNE M. LEONCINI, City Clerk, City of San Rafael, Marin County, California 0, DRIGNAL SUPPLEMENTAL AGREEMENT FOR CONSTRUCTION AND INSTALLATION OF SANITARY SEWERAGE IMPROVEMENTS SMITH RANCH ASSESSMENT DISTRICT NO. 1 THIS SUPPLEMENTAL AGREEMENT, entered into this /,,[A day of 1978, by and between the LAS GALLINAS VALLEY SANITARY DISTRICT, a public corporation, Marin County, California, hereinafter called "District", and the CITY OF SAN RAFAEL, a municipal corporation, Marin County, California, here- inafter called "City"; W I T N E S S E T H: WHEREAS, pursuant to the provisions of the Municipal Improve- ment Act of 1913, and particularly Sections 10109 through 10111 thereof, District and City have heretofore entered into that certain Agreement For Construction and Installation of Sanitary Sewerage Improvements dated December 9, 1976; WHEREAS, subsequent thereto the special assessment and assessment bond proceedings therein referred to were modified to include in said proceedings the relocation of District's existing 8 -inch and 10 -inch sewer pipeline facilities along Smith Ranch Road and Paul Drive to clear State's freeway construction on Road 04-Mrn-101, PM 14.4/14.7, at Lucas Valley Road Interchange, Project File No. 395661, which said relocation work is to be performed substantially in accordance with the unnumbered plan printed September 30, 1977, submitted with District's letter dated October 4, 1977, by District to the State of California, acting by and through its Department of Transportation, hereinafter called "State"; WHEREAS, said work of relocation requires that District enter into that certain Utilities Agreement No. 569.51 with State, in form a copy of which is hereto attached and by reference incor- porated herein; �.r WHEREAS, said Utilities Agreement No. 569.51 sets forth certain requirements which must be met by District as owner of said facilities and over which City will have control in said special assessment and assessment bond proceedings; and WHEREAS, in order that District may comply with all of the requirements of said Utilities Agreement No. 569.51 to be entered into between District and State; NOW, THEREFORE, IT IS AGREED, as follows: 1. City shall cause said work of relocation to be done on behalf of District, all in accordance with said Utilities Agreement No. 569.51 and as directed by the State's Resident Engineer. 2. Minor deviations from the relocation plans attached to said Utilites Agreement No. 569.51 and incorporated therein may be made by City and incidental work may be performed by City when mutually acceptable to both City and District and on approval by State. 3. City agrees to cause said work of relocation to be performed by a contract with the lowest qualified bidder, selected pursuant to a valid competitive bidding procedure, and to furnish or cause to be furnished, all necessary labor, materials, tools and equipment required therefor, and to cause said work to be prosecuted diligently to completion, all in accordance with said Utilities Agreement No. 569.51. 4. City shall submit to District a Notice of Completion in the form required by State for submittal by District to State's District Utilities Engineer. Said Notice of Completion shall be submitted to District in order that it may submit said Notice of Completion to State's District Utilities Engineer within 30 days of the completion of said work of relocation as herein provided. -2- 5. City shall submit to District, in sextuplet and signed by a responsible official of City, an itemized bill compiled on the basis of the actual costs and expenses of said work of relocation. Said itemized bill shall be submitted by City to District in a form acceptable to State. 6. City shall maintain records of the actual costs in- curred and charged or allocated to said work of relocation, all in accordance with recognized accounting principles and in such form as to meet any and all requirements of State with regard thereto. Copies of such records, approved by State as to form, shall be provided to District for its records by City in order that District may meet the requirements of State and so that District may maintain such records for a period of 4 years from the date of the final bill and be available for verification by State auditors, all as required of District by State pursuant to said Utilities Agreement No. 569.51. 7. City agrees to give credit to District for the salvaged value of any material or parts salvaged and retained or sold by City. 8. The final billing therefore shall be in the form of an itemized statement of the total costs charged to said work of relocation, less the credits, if any, provided for herein. 9. Upon completion of said work of relocation in accordance with the terms of this supplemental agreement and the terms of said Utilities Agreement No. 569.51 and upon the receipt by District from State of the costs therefor as provided in said Utilities Agreement No. 569.51, District agrees to pay to City the cost of such work of relocation in an amount estimated by State to be $46,000.00. Said amount to be paid by District to City hereunder shall be limited to the actual amount paid by State -3- to District pursuant to said Utilities Agreement No. 569.51 and shall be paid by District to City only out of funds to be received by District from State pursuant to said Utilities Agreement No. 569.51 and from no other source. 10. City agrees that it will pay to District any and all costs incurred by District, and not reimbursed to District by State pursuant to said Utilities Agreement No. 569.51, in con- nection with said work of relocation including, but not limited to, engineering, administration, legal, supervision and inspec- tion. Said cost shall be paid by City to District upon demand by District and District reserves the right to deduct said costs from any amounts to be paid by District to City hereunder. 11. It is specifically understood and agreed by the parties hereto that it is the intent of this supplemental agreement to provide that the City, as administrator of the contract for said work of relocation, shall provide to District all of the infor- mation required by State from District pursuant to said Utilities Agreement No. 569.51 and that any and all costs of said work of relocation shall be paid for by State to District pursuant to said Utilities Agreement No. 569.51. It is further understood and agreed that any and all costs incurred by District in connection with said work of relocation not paid by State to District pursuant to said Utilities Agreement No. 569.51 shall be paid by City to District. DATED: ���er l2 1978. LAS GALLINAS VALLEY SANITARY DISTRICT, a public corporation By COUNTERSIGN: President By � � i4sN "District" Secretdry (SEAL) CITY OF SAN RAFAEL, a municipal orpor on ,z By ATTEST: Mayor B / Y AWhne M. Leoncini, City Clerk (SEAL) -4- STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION INTERSTATE — — — NOTICE NO. 569.51 FORM DH-ORW 39 (REV. 7.731 District County Route P. M. E. A. 04 Mrn 101 14.4/14.7 395669 SOURCE CODE NO. OWNER'S FILE NO......--. UTILITIES AGREEMENT NO. 569.51 SAN FRANCISCO, CALIFORNIA Date - 04-440 FIRST PARTY: State of California, acting by and through its Department of Transportation, hereinafter called STATE. SECOND PARTY: LAS GALLINAS VALLEY SANITARY DISTRICT 300 Smith -Ranch Road-- -- ------------------ ------------------------ I - ---------------------- San Rafael, CA 94903 hereinafter called OWNER. Relocation is required of certain utility facilities of OWNER, cost of which is to be borne by STATE because: The existing sewer facilities are lawfully maintained in their present location and qualify for relocation at State's expense under the provisions of Section 703 of the Streets and Highways Code. Attached to and made a part of this Agreement is the Owner's plan showing that work in red color, the cost of which is to be borne by State. In accordance with Notice to Relocate No. 569.51 dated October 28, 1977, Owner shall relocate its existing 8 -inch and 10 -inch sewer pipeline facilities along Smith Ranch Road to clear State's freeway construction on Road 04-Mrn-101, PM 14.4/14.7, at Lucas Valley Road Interchange, Project File No. 395661. Said relocation work shall be performed substantially in accordance with the unnumbered plan printed September 30, 1977 which was submitted with Owner's letter dated October 4, 19771 and as directed by the State's Resident Engineer. Minor deviations from the relocation plans may be made and incidental work may be performed by the Owner when mutually acceptable by both parties and on approval by the State. State Liability, 100%. . . . . . . . . . . $46,000.00 - 2 - Owner agrees to cause the herein described work to be performed by a contract with the lowest qualified bidder, selected pursuant to a valid competitive bidding procedure, and to furnish or cause to be furnished, all necessary labor, materials, tools and equip- ment required therefor, and to prosecute said work diligently to completion. Owner shall submit a Notice of Completion to the District Utilities Engineer within 30 days of the completion of the work described herein. The State shall pay its share of the actual cost of said relo- cation after 90 days after receipt of an itemized bill in sextuplet signed by a responsible official of owner's organization, compiled on the basis of the actual costs and expense. The Owner shall maintain records of the actual costs incurred and charged or allocated to the project in accordance with recognized accounting principles. It is understood and agreed that the State will not pay for any betterment or increase in capacity of Owner's facilities, and that Owner shall give credit to the State for the salvaged value of any material or parts salvaged and retained or sold by owner. At the election of the Owner, progress bills for costs incurred may be submitted not to exceed owner's recorded costs as of a specific data less estimated credits applicable to completed work where the recorded costs are sufficient to warrant such billing. The final billing shall be in the form of an itemized statement of the total costs charged to the project, less the credits provided for in the agreement, and less any amounts covered by progress billings. Detailed records from which the billing is compiled shall be retained by the Owner for a period of four years from the date of the final bill and will be available for verification by State auditors. - 3 - Estimated Cost from State's Construction Funds. . . . . .$ 0.00 Estimated Cost from State's Right of Way Funds. . . . . .$46,000.00 Estimated Cost to STATE $ 46,000.00_ OWNER agrees to perform and STATE agrees to pay for the above-described work in accordance with the terms of this Agreement. IN WITNESS WHEREOF, the parties have executed this agreement the clay and year first above written. APPROVAL RECOMMENDED: Supv. -Right of Way Agent ntiiittes Engineer - APPROVED: By LAS GALLINAS VALLEY SANITARY DISTRI; By Owner STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Deputy District Director car 9197 19977-900 7-73 toM (D Q cap - J ]gaiM cc Oj �. e7 n P N W U LL U1.N/ il N Q J I Q t1L is 10 en L9 LF _ N CTt a v`\ N x to 11E `` \ •l Y� .' -i 4 • t Wpo , a,�..c ��? fes• -=n i- ~\ LI %Z .Z„2`1.1• =a0,ki a /[ ••.PTI.[ i p,1WV "r• O 8 Y `• � o .v�•�=c= as�� a e� ' W -C > I [ 1•� 1l{ ' �r s�zas�•�;� ' �f II r i r 1 a @j10 I� w •eteq• .% - f rF q 8r PY � M +(�l j }>< o ; / ” r ° 5 � �a r - Si s Ev c SIC 24 17 /// SO,Yr] �j Ci,b•rn N1p u.n ,.`\, r• , i'a'.,f. ��' 'int � � n g �_____; r' `0' j � :Y'a • V j � � I j • S r W ti �,� •. {ISJ � • 1. ;i� T 1p z F r w,ze 1�,NP i Yr�JJ((11 e= fJ ii Fy �cJiy �` `� �,•'pe �"'r`r�J ` �p6 < 1,1 ' %W 1 11pyr7 , Y ` J 'i;T�