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HomeMy WebLinkAboutCC Resolution 8460 (Dredging SR Creek)as follows: RESOLUTION NO. 8460 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN AN AGREEMENT WITH THE UNITED STATES OF AMERICA FOR MAINTENANCE DREDGING OF SAN RAFAEL CREEK THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael, a cost sharing agreement with the United States of America for dredging the inner channel of San Rafael Creek, 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 introduced and adopted at a regular meeting of the Council of said City on Monday, the 1st day of July, 1991, by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JE M. LEONCYNI, City Clerk OPIGINAL s��° AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF SAN RAFAEL This Agreement is entered into this 1st day of July , 1991, by and between the United States of America, hereinafter, called the "Government", represented by the Contracting Officer, executing this Agreement, and the City of San Rafael, hereinafter called "The City". Whereas, the San Rafael Creek Maintenance Dredging Project was authorized by the Congress of the United States; and Whereas, the City, local sponsor for this project, is unable to provide the Corps with an adequate land disposal site for the dredged material, and as an alternative has agreed to furnish the funds necessary for the Government to use its own disposal site at Alcatraz, SF -11. NOW, THEREFORE, the parties agree as follows: A. The City agrees to: 1. Provide, prior to the Government's advertisement of the maintenance dredging construction 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 using SF -11, presently estimated at $93,500. Said check shall be delivered care of U.S. Army Corps of Engineers, San Francisco District; Attn: Resource Management Office. 2. 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 using SF -11, in the event that said costs should exceed the amount set forth in paragraph A.1. above. B. The Government agrees to: 1. Estimate and submit to the City a summary of the unit prices which formed the basis of the Government's working estimates for the use of SF -11- 2. Provide to the City a summary of the bidding on the Government contract. 3. Return to the City, after the Government's final payment to its contractor, any funds which were received pursuant to paragraphs A.1. and A.2. above, in an amount equal to the '�1 difference between the Government estimate and the actual project costs, providing the Government estimate is higher than the actual costs; but in no case will the amount returned exceed the amount contributed. 4. In the event the above-mentioned contract is not awarded, return to the City all funds received pursuant to Paragraph A.1. 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 dredging project. IN WITNESS WHEREOF, the parties hereto executed this Agreement as of the day and year above written. THE UNITED STATES OF AMERICA 'StANLEY G. PHERNAMBU LTC(P), EN DISTRICT ENGINEER U.S. ARMY CORPS OF ENGINEERS DATE S^ 4t r,, THE CITY OF SAN RAFAEL LAWRENCE E. MULRYAN, MAYOR Attest: �i- JE61R-4B M. LEON INI, CITY CLERK DATE RECOMMENDED FOR APPROVAL: -p-✓ ty Manager FORM APPROVED: �ww_-1201. iI . �f• I do hereby certify that I am the Legal Counsel for the City of San Rafael, that 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 San Rafael Creek Maintenance Dredging Project, and to pay damages, if necessary, in the event of the failure to perform, and that the persons who have executed this Agreement on behalf of the City of San Rafael, have acted within their statutory authority. Counsel for The City of San Rafael B"ZI City Counsel DATE -� ( I q ,I COST ESTIMATE SAN RAFAEL MAINTENANCE DREDGING 60 FT WIDE INNER CHANNEL UNIT DESCRIPTION QUANTITY UNIT PRICE AMOUNT Hvdraulic Dredaina - Pumuina to Land Disposal 1. Mobilization & Demobilization 1 JOB LS $277,800 2. Dredging 60,000 CY 5.26 315,800 Subtotal $593,600 Contingencies @ 20% 118,700 Total Contract Cost - Item "A" $712,300 Hvdraulic Dredaina - Barae Haul to Alcatraz Disuosal Site (SF -11) 1. Mobilization & Demobilization 1 JOB LS $173,600 2. Dredging 60,000 CY 7.95 477,100 Subtotal $650,700 Contingencies @ 20% 130,100 Total Contract Cost - Item "B" $780,800 NOTES: 1. Estimate updated from estimate made 11/7/86. 12% increase in costs used, in accordance with EM -410-2-1304, Table 5-2, P.5-9.