HomeMy WebLinkAboutReso 105-1982 RESOLUTION NO. 105-82
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION AUTHORIZING EXECUTION OF
AN AGREEMENT ENTITLED "AGREEMENT FOR
DREDGING OF COLMA CREEK IN SOUTH SAN
FRANCISCO" (Project No. SD-82-2)
that'
BE IT RESOLVED by the City Council of the City of South San Francisco
1. Execution of Agreement.
Execution of the agreement entitled "Agreement for Dredging of
·
Colma Creek in South San Francisco" between the City of South San Francisco
and the San Mateo County Flood Control District is hereby authorized, and a
copy of said agreement is attached hereto as Exhibit "A".
2. Signatures.
The Mayor is authorized to execute said agreement on behalf of
the City, and the City Clerk attest her signature thereto.
I hereby certify that the foregoing Resolution was regularly introduced
and adopted by the City Council of the City of South San Francisco at a
re.qular meeting held on the 1st day of September , 1982, by the
following vote'
AYES'
Councilmembers Mar. k.N. Addieqo, Emanuele.N. Damonte, Gus Nico!opulos;
and Roberta Cerri Teelia
NOES- None
ABSENT:
Councilmember Ronald G. Acosta
ATTEST'
City Clerk
'1 Ill]
AGREEMENT FOR DREDGING OF COLMA CREEK
IN SOUTH SAN FRANCISCO
THIS AGREEMENT, made and entered into this 14thday of September ,
1982, by and between the City of South San Francisco, hereinafter called
"City", and the San Mateo County Flood Control District, hereinafter called
"District".
WITNESSETH:
WHEREAS, the Board of Supervisors of District on May 28, 1974, by its
Resolution No. 32700, undertook the Colma Creek Flood Control Project, and
WHEREAS, pursuant to said resolution, the District did construct the
Spruce Avenue Bridge which project included related improvements to Col,.~na
Creek; and
WHEREAS, the City proposes to dredge Colma Creek and the District
desires the City to dredge the portion of Colma Creek which is within the
limits of the Spruce Avenue Bridge Project;
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
PART I
· RESPONSIBILITIES
1. District grants City permission to dredge Colma Creek within the
limits of the Spruce Avenue Bridge Project, which limits are defined for
this purpose as being between Stations 132+50 and 137+00 on the plans
.....
entitled "1982 Colma Creek Dredging Project," prepared by the City of South
San Francisco, Department of Public Services and dated August 27th ,1982,
attached hereto is incorporated herein by this reference. The signature of
the Director of Public Works of the District .on the plans shall be con-
sidered as an acknowledgement and as satisfaction of the District as to
detail and content of the plans and specifications.
2. City agrees to dredge Colma Creek within the limits of the Spruce
Avenue Bridge Project as part of its 1982 Colma Creek Dredging Project in a
good and workmanlike manner and with the use of due care and safety pre-
cautions.
PART I I
PAYMENT
1. District shall pay the City for the work of dredging the portion
of Colma Creek including disposal of all dredged material and mobilization
of labor and equipment, so defined in Part I "Responsibilities", Section 1
of this agreement, at the unit cost per cubic yard plus a proportional
share of mobilization based on the volume of dredging bid by the City's
contractor.
2. District shall also pay the City for preliminary engineering,
construction engineering and administration 15% of the cost of dredging
·
said portion of Colma Creek.
®
$35,000.
The total cost to the District for said work shall not exceed
-
FINAL F~ECORDs
PART III
INDEMNIFICATION
1. It is agreed that District shall defend, hold harmless and indem-
nify City, its officers, agents and employees from any and all claims,
demands, causes of action or liability of any kind which may be asserted
against or imposed upon the City or any of its officers, agents or
employees by any third person or entity arising out of or connected with
the terms and conditions of this agreement and which result from any act or
omission of said District, its officers, agents and employees.
2. It is further agreed that City shall defend, hold harmless and
indemnify District, its officers, agents and employees from any and all
claims for injuries and damages to persons and property which arise out of
terms and conditions of this agreement and which result from any negligent
act or omission of City, its officers, agents and employees,
3. .In the event of concurrent negligence of City and District, their
officers, agents and employees, then the liability for any and all claims
for injuries or damages to persons and property which arise out of the
terms and conditions of this agreement shall be apportioned under the
California theory of comparative negligence as presently established, or as
may be hereafter modified.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to
be executed by their duly authorized officers on the day and year first
above written.
"DJ strJ ct"
ATTEST:
.. Clerk of said Board
SAN MATEO COUNTY FLOOD CONTROL DISTRICT
BY
Chairman', Bo&rd of Supervisors,
County of San Mateo,
State of California
"City"
ATTEST: