HomeMy WebLinkAboutReso RDA 2-1986 RESOLUTION NO. 2-86
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
MODIFICATION OF TRANSMISSION 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 modification of their transmission 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 Addiego; Member Jack Drago;
Member Richard Haffey
NOES: NONE
ABSENT: Member Gus Nicolopulos
"-~ai rman Redevelopment A~))Wicy of
the City of South San Ff~ncisco
..- ATTEST:
Executive Director
Redevelopment Agency of the City
of South San Francisco
~atewayl.
ACTUAL COST CONTRACT
HIS AOREEMENT entered into this ~ day of /~~ ,
~98~, by and between THE I~EDEVELOPFiENT AGENCY OF sOuT~ SAN FRANCISCO,
hereinafter called 'AGENCY", and PACIFIC GAS AND ELECTRIC COMPANY,
hereinafter called "PGandE",
WHEHEAS, AGENCY contemplates construction of Gateway Boulevard in the
City of South San Francisco, San Marco County, California; and
W~P~AS, 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 P~andE is willing to rearrange said
facilities to eliminate such interference.
NOW, THEREFOP, E, 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, P~andE 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 E~IBIT "A", provided, however
that PGandE shall not he 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 P~andE 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 temporar~ 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 proviaions of the Environmental Quality Act of 1970
(California Public Resources Code, Sections 21000 et seq.).
5. Upon the completion of the work, AOENCY shall reimburse PGandE for
Ga~ewayl.rel - --
the actual net cost which PGandE has incurred in effecting the
rearrangement of its facilities including costs, if any, involved
in any temporar~ rearrangement. The actual net cost is presently
estimated to be $150,000.
'8. Actual cost will be determinedin accordance with the uniform
system of accounts prescribed for utility companies bF the Public
Utilities Commission of .the State of 0alifornia 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 wor~en's compensation and 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 bF
PGandE, the replacement cost of which is charged to the
AGENOY.
(o) Depreciation based on the estimated reproduction cost of the
facilities replaced, and computed bF 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, PGan~E 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, 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
P~andE, 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 in¥oice.
7. 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 liabilit~ 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.
(h) Non-Responsibility of Agency
-2-
Ga%ewa¥1.-rel --
It is understood and agreed that neither AGENGY 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 t° persons and/or propertF 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
maF 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 bF
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 D[RECIOR OF R~L ES~T£
COLMA CREEK -'
nI::IOJECT LOCATION
:~ 600 900 '
Scale in Feet '- E.,XHIBIT "A"
I