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
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