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HomeMy WebLinkAboutReso RDA 1-1986 RESOLUTION NO. 1-86 REDEVELOPMENT AGENCY OF THE CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT WITH PG&E FOR RELOCATION OF DISTRIBUTION FACILITIES (GATEWAY ASSESSMENT DISTRICT NO. ST-82-2) BE IT RESOLVED by the Redevelopment Agency of the City of South San Francisco that: 1. Approval of Agreement. An Agreement entitled "Actual Cost Contract" between the Redevelopment Agency of the City of South San Francisco and Pacific Gas and Electric Company for the relocation of their distribution facilities is hereby approved, and a copy of said Agreement is attached hereto as Exhibit "1." 2. Execution of Agreement. The Chairman is hereby authorized to execute said Agreement on behalf of the Redevelopment Agency of the City of South San Francisco,and the Executive Director attest his signature thereto. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the Redevelopment Agency of the City of South San Francico at a Regular meeting held on the 12th day of February , 1986 by the following vote: AYES: Chair Roberta Cerri Teglia; Vice Chair Mark N, Addiego; Member Jack Drago; Member Richard Haffey NOES:NONE ABSENT: Member Gus Nicolopulos ATTEST: ~xecu~ti ve D~i rec t o r~A ?~Cx ~ Redevelopment Agency of the City of South San Francisco Gateway2.rel -- -- ACTUAL COST CONTI{ACT THIS AGREEMENT entered into this ~/~ day of ~ , 198~ , by and between THE REDEVELOPMENT AGENCY~OF SOU~SAN FRANCISCO, hereinafter called '~AGENCY", and PACIFIC GAS AND ELECTRIC COMPANY, hereinafter called "PGandE", WITNESSETII WHEREAS, AGENCY contemplates construction of Gateway Boulevard in the City of South San Francisco, San Marco County, California; and WHEREAS, PGandE maintains overhead and electric underground distribution electric lines hereinafter called "facilities", which will interfere with AGENCY's project; and WHEREAS, AGENCY has requested and IKlandE is willing to rearrange said facilities to eliminate such interference. NOW, THEREFORE, it is mutually agreed as follows: 1. Upon the receipt by P~anclE of an advance payment of $1§0,000 and notice in writing from AGENCY, PGandE shall commence and thereafter diligently prosecute the rearrangement of its facilities as nearly as possible in accordance with P~andE's drawing attached hereto and marked EXHIBIT-"A", provided, however that PGandE shall not be obligated to perform such work until necessary land rights have been acquired in a form satisfactory to PGanclE for any of PGandE's facilities which must be replaced in a new location. 2. AGENCY shall convey or caused to be conveyed t° PGandE all necessary land or land rights in a form satisfactory to PGandE to permit PGandE to install its facilities in a new location or reimburse PGandE for its costs incurred .in acquiring such land or land rights. 3. In the event the construction of temporary facilities is necessary, PGandE may use lands owned or controlled by AGENCY for the purpose of making such temporary installation provided that AGENCY shall have approved %he location %hereof. Upon completion Of such facilities in their permanent location, PGandE shall remove all temporary facilities. 4. AGENCY shall acquire, at no cost to PGandE and in a form satisfactory to PGandE, all necessary permits required for the temporary or permanent rearrangement of PGandE's facilities from governmental agencies having jurisdiction over the same and shall file any statement required by, and otherwise comply with, the applicable provisions of the Environmental Quality Act of 1970 (California Public Resources Code, Sections 21000 et seq.). 5. Upon the completion of the work, AGENCY shall reimburse PGandE for the actual net cost which PGandE has incurred in effecting the ~f ~ateway2.rel - -- rearrangement of its facilities including costs, if any, involved in any temporary rearrangement. The actual net cost is presently estimated to be $150~000. 6. Actual~ costwill be determined in accordance with the uniform system of accounts prescribed for utility companies by the Public Utilities Commission of the State of California~or PGandE's regularly established accounting practices and may include, but' will not be limited to, the following charges: survey costS, acquisition of land rights, labor and payroll taxes, materials and supplies, transportation, stores and tool expense, supervision and overheads, and an allowance for workmen's compensationand public liability and property damage insurance. ?. AGENCY will be allowed credit for: (a) Betterments defined as replacements costing more than the replaced facilities because of greater capacity, durability or efficiency. (b} Salvage value of any materials removed and retained by PGandE, the replacement cost of which is charged to the AGENCY. (c) Depreciation based on the estimated reproduction cost of the -- facilities replaced, and computed by using sinking fund depreciation methods and mortality dispersion and average service life based on PGandE's experience. 8. 'Within a reasonable time after completion of the work performed hereunder, PGandE shall prepare an invoice detailing its actual cost in accordance with Paragraphs 6 and ? above. PGandE shall refund without interest to AGENCY the excess amount, i~ any, bF which AGENOY's advance payment of $1§0,000 exceeds P~andE's actual net cost of such work. In the event that PGandE's actual net cost exceeds AGENCY's advance payment of $1§0,000, AGENCY shall Pay to P~andE, within thirty (30) days after receipt of PGandE's invoice,~ the difference between said $150,000' and said actual net cost. In either case, AGENCY shall have reasonable access to PGandE's .,~ accounts and records for the purpose of auditing said invoice. g. Responsibility of 'the Parties: (a) Non-Responsibility of PGandE It is understood and agreed that neither PGandE nor any officer, agent or employee thereof, shall be responsible for any d~mage or liability incurred by reason of anything done or omitted to be done by any officer, agent, or employee o2 Agency in connection with ~rformance of this agreement. (b) Non-~esponsibility of Agency It is understood and agreed that neither AGENCY nor any -2- Gateway2.rel officer, agent or employee thereof, shall be responsible for any damage or liability incurred by reason of anything done or omitted to be done by PGandE and its officers, agents and employees in connection with performance of this agreement. (c) Concurrent Negligence In the event of concurrent negligence of Agency, its officers and/or employees and PGandE, its officers and/or employees then the liability for any and all claims for injuries or damages to persons and/or property which arise out of the performance of the terms and conditions of this agreement, shall be apportioned under the California theory of comparative negligence as established presently, or as may be hereinafter modified. 10. The provisions hereof shall inure to the benefit of and be binding upon the respective successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized officers this day and year first hereinabove set forth. THE REDEVELOPMENT AGENCY'OF PACIFIC GAS AND ELECTRIC COMPANY SOUTH SAN FRANCISCO Its Its DI~ECTCROFREAL£STATE -3- Gateway2.rel ACTUAL COST CONTRACT THIS AGREEMENT entered into this 12th day of _~r_uar2 198__, by and between THE REDEVELOPMENT AGENCY OF SOUTH SAN FRANCISCO and CITY OF SOUTH SAN FRANCISCO hereinafter jointly callled "AGENCY", and PACIFIC GAS AND ELECTRIC COMPANY, hereinafter called "PGandE", WITNESSETH WHEREAS, AGENCY contemplates construction of Gateway Boulevard in the City of South San Francisco, San Mateo County, California; and WHEREAS, PGandE maintains overhead and electric underground distribution electric lines hereinafter called "facilities", which will interfere with AGENCY's project; and WHEREAS, AGENCY has requested and PGandE is willing to rearrange said facilities to eliminate such interference. NOW, THEREFORE, it is mutually agreed as follows: 1. Upon the receipt by PGandE of an advance payment of $150,000 and notice in writing from AGENCY, PGandE shall commence and thereafter diligently prosecute the rearrangement of its facilities as nearly as possible in accordance with PGandE's drawing attached hereto and marked EXHIBIT "A", provided, however -- that PGandE shall not be obligated to perform such work until necessary land rights have been acquired in a form satisfactory to PGandE for any of PGandE's facilities which must be replaced in a new location. 2. AGENCY shall convey or caused to be conveyed to PGandE all necessary land or land rights in a form satisfactory to PGandE to permit PGandE to install its facilities in a new location or reimburse PGandE for its costs incurred in acquiring such land or land rights. 3. In the event the construction of temporary facilities is necessary, PGandE may use lands owned or controlled by AGENCY for the purpose of making such temporary installation provided that AGENCY shall have approved the location thereof. Upon completion of 'such facilities in their permanent location, PGandE shall remove all temporary facilities. 4. AGENCY shall acquire, at no cost to PGandE and in a form satisfactory to PGandE, all necessary permits required for the temporary or permanent rearrangement of PGandE's facilities from governmental agencies having jurisdiction over the same and shall file any statement required by, and otherwise comply with, the applicable provisions of the Environmental Quality Act of 1970 (California Public Resources Code, Sections 21000 et seq.). 5. Upon the completion of the work, AGENCY shall reimburse PGandE for Gateway2.rel rearrangement of its facilities including costs, if any, involved in any temporary rearrangement. The actual net cost is presently estimated to be $150,000. 6. Actual cost will be determined in accordance with the uniform system of accounts prescribed for utility companies by the Public Utilities Commission of the State of California or PGandE's regularly established accounting practices and may include, but will not be limited to, the following charges: survey costs, acquisition of land rights, labor and payroll taxes, materials and supplies, transportation, stores and tool expense, supervision and overheads, and an allowance for workmen's compensation and public liability and property damage insurance. 7. AGENCY will be allowed credit for: (a) Betterments defined as replacements costing more than the replaced facilities because of greater capacity, durability or efficiency. (b) Salvage value of any materials removed and retained by PGandE, the replacement cost of which is charged to the AGENCY. (c) Depreciation based on the estimated reproduction cost of the facilities replaced, and computed by using sinking fund depreciation methods and mortality dispersion and average service life based on PGandE's experience. 8. Within a reasonable time after completion of the work performed hereunder, PGandE shall prepare an invoice detailing its actual cost in accordance with Paragraphs 6 and 7 above. PGandE shall refund without interest to AGENCY the excess amount, if any, by which AGENCY's advance payment of $150,000 exceeds PGandE's actual net cost of such work. In the event that PGandE's actual net cost exceeds AGENCY's advance payment of $150,000, AGENCY shall pay to PGandE, within thirty (30) days after receipt of PGandE's invoice, the difference between said $150,000 and said actual net cost. In either case, AGENCY shall have reasonable access to PGandE's accounts and records for the purpose of auditing said invoice. 9. Responsibility of the Parties: (a) Non-Responsibility of PGandE It is understood and agreed that neither PGandE nor any officer, agent or employee thereof, shall be responsible for any damage or liability incurred by reason of anything done or omitted to be done by any officer, agent, or employee of Agency in connection with performance of this agreement. (b) Non-Responsibility of Agency It is understood and agreed that neither AGENCY nor any -2- Gateway2.rel officer, agent or employee thereof, shall be responsible for any damage or liability incurred by reason of anything done or omitted to be done by PGandE and its officers, agents and employees in connection with performance of this agreement. (c) Concurrent Negligence In the event of concurrent negligence of Agency, its officers and/or employees and PGandE, its officers and/or employees then the liability for any and all claims for injuries or damages to persons and/or property which arise out of the performance of the terms and conditions of this agreement, shall be apportioned under the California theory of comparative negligence as established presently, or as may be hereinafter modified. 10. The provisions hereof shall inure to the benefit of and be binding upon the respective successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized officers this day and year first hereinabove set forth. Its DIRE-CTOR OF REA[ ESIAIE ATTEST: ~ It~' Executive uirec~or CITY OF SOUTH SAN FRANCISCO a/mu, n~ipal corporation ~s mayor ATTEST: 3 .. 7 · I s~i I 9e. I ~o .. . ...... . - I-I "-.',:1"- -' .... ~'"'"'~ :'- .. :" "' '" '' ~, ~i ~ .... ii '" '. ~., .~:~:.,.. ~ ii.' ' =.. ~ ff.' ": : .:'-. i , .: ,-:_ . '- .: ~... . I O£fice o£ the De~ut~ City Hanager/ City Enqinee~ (41~) 877-~8 February 21, 1986 Mr. A1Soller Land Department Pacific Gas & Electric Company 77 Beale Street, Rm 2C02 San Francisco, CA 94106 RE: GATEWAY ASSESSMENT DISTRICT NO. ST-82-2 PHASE II ... GATEWAY BOULEVARD EXTENSION Dear Mr. Soller: Enclosed please find one fully executed original of Agreement with PG&E for the Relocation of Distribution Facilities, one fully executed original of Agreement* with PG&E for the Modification of Transmission Facilities, and Certified copies of City Council Resolutions No. 32-86, 33-86 and Redevelopment Agency Resolutions No. 1-86 and 2-86. Also enclosed are City Warrants in the amount of $150,000 and $100,000 as requested in *the agreements. Your cooperation in expediting this project is appreciated. *Sincerely, Robert ~S. Yee Deputy iCity Manager/ City Engineer SLK: rp ° Enclosures cc:lhe ~edevelopment Agency of South San FranciSco City Clerk 400 GJUUID AVENUE - P.O. BOX 711 - 940B3 Gatewayl.rel ACTUAL COST CONTRACT THIS AGREEMENT entered into this 12th day of February 198__, by and between THE REDEVELO-~T AGENCY OF SOUTH SAN FRANCISCO and CITY OF SOUTH SAN FRANCISCO, hereinafter jointly called "AGENCY", and PACIFIC GAS AND ELECTRIC COMPANY, hereinafter called "PGandE", WITNESSETH WHEREAS, AGENCY contemplates construction of Gateway Boulevard in the City of South San Francisco, San Mateo County, California; and WHEREAS, PGandE maintains its Standard 60 kV, Sierra 115 kV and San Francisco 115 kV tower lines hereinafter called "facilities", which will interfere with AGENCY's project; and WHEREAS, AGENCY has requested and PGandE is willing to rearrange said facilities to eliminate such interference. NOW, THEREFORE, it is mutually agreed as follows: 1. Upon the receipt by PGandE of an advance payment of $100,000 and notice in writing from AGENCY, PGandE shall commence and thereafter diligently prosecute the rearrangement of its facilities as nearly as possible in accordance with PGandE's drawing attached hereto and marked EXHIBIT "A", provided, however that PGandE shall not be obligated to perform such work until necessary land rights have been acquired in a form satisfactory to PGandE for any of PGandE's facilities which must be replaced in a new location. 2. AGENCY shall convey or caused to be conveyed to PGandE all necessary land or land rights in a form satisfactory to PGandE to permit PGandE to install its facilities in a new location or reimburse PGandE for its costs incurred in acquiring such land or land rights. 3. In the event the construction of temporary facilities is necessary, PGandE may use lands owned or controlled by AGENCY for the purpose of making such temporary installation provided that AGENCY shall have approved the location thereof. Upon completion of such facilities in their permanent location, PGandE shall remove all temporary facilities. 4. AGENCY shall acquire, at no cost to PGandE and in a form satisfactory to PGandE, all necessary permits required for the temporary or permanent rearrangement of PGandE's facilities from governmental agencies having jurisdiction over the same and shall file any statement required by, and otherwise comply with, the applicable provisions of the Environmental Quality Act of 1970 (California Public Resources Code, Sections 21000 et seq.). 5. Upon the completion of the work, AGENCY shall reimburse PGandE for Gatewayl.rel the actual net cost which PGandE has incurred in effecting the rearrangement of its facilities including costs, if any, involved in any temporary rearrangement. The actual net cost is presently estimated to be $150,000. 6. Actual cost will be determined in accordance with the uniform system of accounts prescribed for utility companies by the Public Utilities Commission of the State of California or PGandE's regularly established accounting practices and may include, but will not be limited to, the following charges: survey costs, acquisition of land rights, labor and payroll taxes, materials and supplies, transportation, stores and tool expense, supervision and overheads, and an allowance for workmen's compensation and public liability and property damage insurance. 7. AGENCY will be allowed credit for: (a) Betterments defined as replacements costing more than the replaced facilities because of greater capacity, durability or efficiency. (b) Salvage value of any materials removed and retained by PGandE, the replacement cost of which is charged to the AGENCY. (c) Depreciation based on the estimated reproduction cost of the facilities replaced, and computed by using sinking fund depreciation methods and mortality dispersion and average service life based on PGandE's experience. 8. Within a reasonable time after completion of the work performed hereunder, PGandE shall prepare an invoice detailing its actual cost in accordance with Paragraphs 6 and 7 above. PGandE shall refund without interest to AGENCY the excess amount, if any, by which AGENCY's advance payment of $100,000 exceeds PGandE's actual net cost of such work. In the event that PGandE's actual net cost exceeds AGENCY's advance payment of $100,000, AGENCY shall pay to PGandE, within thirty (30) days after receipt of PGandE's invoice, the difference between said $100,000 and said actual net cost. In either case, AGENCY shall have reasonable access to PGandE's accounts and records for the purpose of auditing said invoice. 9. Responsibility of the Parties: (a) Non-Responsibility of PGandE It is understood and agreed that neither PGandE nor any officer, agent or employee thereof, shall be responsible for any damage or liability incurred by reason of anything done or omitted to be done by any officer, agent, or employee of Agency in connection with performance of this agreement. (b) Non-Responsibility of Agency Gatewayl.rel It is understood and agreed that neither AGENCY nor any officer, agent or employee thereof, shall be responsible for any damage or liability incurred by reason of anything done or omitted to be done by PGandE and its officers, agents and employees in connection with performance of this agreement. (c) Concurrent Negligence In the event of concurrent negligence of Agency, its officers and/or employees, and PGandE, its officers and/or employees then the liability for any and all claims for injuries or damages to persons and/or property which arise out of the performance of the terms and conditions of this agreement, shall be apportioned under the California theory of comparative negligence as established presently, or as may be hereinafter modified. 10. The provisions hereof shall inure to the benefit of and be binding upon the respective successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized officers this day and year first hereinabove set forth. THE REDEVELOPMENT AGENCY OF PACIFIC GAS AND ELECTRIC COMPANY SOUTH SAN FRANCISCO I~s Chairman Its DIRECTOR OF REAL ESTATE ATTE~:, rector CITY OF SOUTH SAN FRANCISCO a municipal corporation ~ ~ Mayor ATTEST: Its City Clerk -3- SOUTH SAN FRANCll BELT R~LWAY Scale in Feet '