The URL can be used to link to this page

Home My WebLink AboutCC Resolution 3717RESOLUTION NO. 3717 A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael a lease or agreement with State of California Department of Public Works, Division of , Highways, Utility Agreement No. IF 1.81 a copy of which is hereby attached and by this reference made a part hereof. I, W. CLIFFORD CORNWELL, 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 held on Monday the 2nd day of December , 1968 , by the following vote, to -wit: AYES: Councilmen'. Baar, Barbier, Jensen, Miskimen and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None COPY 1 L� ` W. CLI FORD CORNWELL City lerk a SPECIAL PROVISIONS FOR UTILITY AGREEMENTS March 10, 1952 Owner may provide for relocation method and basis of reimbursement as follows, 1. Option:,! Mr•lhods of Performing Relocations Owner shall perform any or all relocations, all or any part of which is to be punt fur by ehe r. ;)tote by ow, of the following methods or combinations thereof: A. By rt-., own for( es and equipment, B. By its regulurly employed Contractor or equipment lessor, provided Sluto r•, fulnr'.hrd with o r opy of the terms and conditions of the agreement or contract hetwer n O �n,•r rnrJ its Conirartor ' , performing Owner's work. L. Contra, t, includrnq equipment rental, either lump sum or payment on ba.r-, of unrl, of v,urk performed, awarded to the lowest responsible bidder in accordance with Owner', lequl ro- qurreme•nts. Where the Owner has no legally required procedure, bids .Iholl he tier urr•d a, follows: (a) Amounts not in excess of $250.00- negotiated by personal solicitation. (b) Amounts over $250.00, where at least three responsible and competent rontrar fors, who are satisfactory to the Owner, are available - by soliciting Ihree or more. con- tractors by circular letter. (c) Amounts over 5250.00 where only one responsible and competent contractor .otis- factory to the Owner is available - by negotiating an agreement with the conhaclor to perform the work for a negotiated price or on a force account basis, eilher rnr a fixed fee payment or payment it percentage of cost of work performc,d, not In excess of 15°n for overhead and profit, unless otherwise agreed to by the Stoto. Concurrence by Slate will be required prior to the award of negotiated price contract. rn excess of $1,000.00. Owner shall deliver to State copy of contracts or agreements awarded as set forth In Ihrs porn - graph. 2. Notification to State Owner shall notify State, through its District Engineer, at least two clays prior to .t•nling re- location, so that State may make arrangements for such inspection and record keeping u, it may require at the relocation site. 3. Billing A. State shall reimburse Owner upon receipt of four copies of itemized bills of the cost and expense of the relocation, including but not limited to work performed by any of the methods set forth in Section 1, said costs to be compiled in accordance with the uniform system of accounts prescribed for utility corporations by the Public Utility Commission of the State of Caiifornra, or when Owner is riot subject to the Public l.ltilrties Commission, Owner'; regularly established accounting practice, with State recervinrj uedits as fol- lows: (o) Betterment, if any. (b) Solvagc• .aluc of any materials rernoved and retained by Owooi. (c) Accrued d ,precrniion hosed on original cost. On Interstate or Federal Aid Urban and Primary Protects, the method spo.rfied sit I.C.(c) is not permissible. STATE OF CALIFORNIA DEPARTMENT OF PUBLIC WORKS DIVISION oP HIGHWAYS FORM HR,IW-38 (Pev 2-40) Dist, County Rtc. P. M. I E. A. INTERSTATE--.---- ------------------- -------------------- NOTICE NO------' ' � SOURCE CODE NO- ------- __....._. OWNER'S FILE NO .......... ...`................ -- U'T'ILITIES AGREEMENT N0...-43'-1-J11- S,AK MX".16M, CALMRAIA Date---------------------- -------- - ... _ . .. FIRST PARTY: State of California, acting by and through its Department of Public Works, Division of Highways, hereinafter called STATE. SECOND PARTY: CITY -.OF ll rA 144>0PIMA Ayenu:zp . n .f el, li.�'ornis ------- -- -------- ---- ------- --------- ------ ----..... ---- ....__-------.. ---- - _ - .-_......- --- ........ ... hereinafter called OWNER. Relocation is required of certain utility facilities of OWNER, cost of which is to be borne by STATE because: "4he existing iaci titles are lawfully m—I nta-I ned in their Incaeti,on, and valify for relcocatti.on at StAte vxpange under pr,:.- vi.si,ons of Section 703 of the Street* arra Hji. ,,hwkyg Code. _or>0RIK TO 13F: DM: In scaordance vi.th Notice to Relocate No, 431.841 ' 28, 1-368, Orier shall ra.11ocat:ea vatlmw reeve r ta.ci li. tdies aappurterances lbetwem Lrigt ie*r ° a S tatlo-e "T ? f + eyed Stb� tlon 1:1 1 , S;.aLe iii a�+ 0`4-�irr,-'! G'I -r t{). R2.-, 8 s't-.'um un owner s FTun Ido. 41�-2;i15 dated July 7�_ 68, consisting o� throf- $best:s, PmJect Fill' 15546-1, and/or as direct4d ;a� theGrte',r Resident rxAgineer. OttSCiE3r.ref;r tee cause a,4 herein described work to W- puef'or d by a contract with the lowest qualified bidder, selected pursuant t- a va'lld. competitive bidding procedure, A -mi to rurnish or caunq to be furnished, all nocessary labor., r A t er Le ].e , tocAs and ajuipzwnt required thereror, end t,o pre secuto said diligently to c leatiorA. The Mate 61ll pay its "re OC the actual costs 06 relocation anter receipt of an it< aed bill in sextuplet, by a respomible official of C4tner1x argaaaization, cc :Lle-1 on buts of the actmt coat and expense Incurred and charged or a.l � E,,•�.� tva� W said work in accordwwe>n with Owner's reralarly estaabligLLMi a,:; cyan -- ing system; provided tit said aceountiag sy � toz is such t,tuj a :-het cobt aM expwtse properly attri.batabl,. to work covered by thl&0 ,---� r. } Estimated Cost to STATE OWNER agrees to perform and STATE agrees to pay for the above described work in accordance with.. t fptcial Provisions for Vtilf.ty Agremsents Uted ALrch 10,, 195V19 ....... - ----------------------------- ------- — - - ---- ------ - --------------- --------------------------- ------------------------------ attached hereto &W no4a a part hereof. ------------------------------ ----------------------- - - ---------- - - --------------------- ------------ ------------------- ------------------- IN WITNESS THEREOF, the parties have executed this agreement the day and year first above written. cm op sAnPAPAEL ------------------- ........ . . . . . . . . .................. APPROVAL RF -COMMENDED: C. PAUL BETTINI, MAYOR .. . . ....... ... ............. -------------------- ------- -------------- ------ ------------- ------- — is. Right of Way Agent ATTEST:1 W. CLIFFORD CORNWELL CITY CLERK - ----------- Right of 'Way Clearance Agent Owner— STATE OF CALIFORNIA APPROVED: DEPARTMENT OF PUBLIC WORKS DrvisioN OF HIGHWAYS ---------------- ------ PUx*--F&o5hV--&r --- -" DistrictEnginrer EST 7946. 70699-500 5-66 ISM (1 OSP CITY 0? "N RA.UEL Ut. 4131. S'l Ag,remmt can be identified. Ormner'a M-0ordS smell " made ove:ii- abIrs W State auditors far verification of bills prevent*d. It is understood and k -,reed the: t 00 S tb to will not pr: y Vor any betterment or incre*se in caPftclty or Owner's f'acilit.ins, and that Omer tbal.l given credit to t -he £;taste for the Ralvc�;e vt:lue of any material or parts aalvar,,od and n:tainfid or sold by 0"P—r. Owner ons:t ".0 &gree that no deprMtat:ion hers accrued tx, the existing faiclUty. a recont TV lnspec tjoan, d i sc logod veryt a � : r:e system is in very good condition, p.enrarally adequate in size ant funs tinning properly, and would havv v an i.ndafl an r e life if It were to be l.®f't in place undisturbed. 77horetare, Cection 3.-A(c) of the atrached SPaclnl Previsions dated Mar;:h .irk, 195', is not applicable to wort beim; done under this Agr*vvient. state *hall convey, at no cost to t we owner an cp'sament eight feet wide, located ialAt Station 414+0>+ to 41+"5+ across. Parcels 30362 and 30363. Zs tlm ed $labels Liability . • •