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HomeMy WebLinkAboutReso 1017-1945NO. 1017 RESOLVED by the City Council of the City of South San Francisco that said city entar into an agreement vd. th the City of San Bruno and the United States of America for the maintenance and operation of an outfall sewer, substantially in the fonu annexed hereto and made a part hereof. The M~yor of said city and the City Clerk are hereby authorized and directed, in the name of said city and under its seal, to execute the contract hereby authorized. I hereby certify that the forego~.nf[ resolution was regularly introd~ced aad adopted at a regular meeting of the City Council of the City of South San Francisco, held on the !8th day of July, 19~3r, by the follovring vote: Ayes, Councilmen Noes, Councilmen Absent, Counc i]m~en Ch,.reties K. Elder, George W. Holston, ~]. ~iinucciani None Ivan ~I. HaMs, Victor Boido SEAL Attest: Daniel $~cSweeney City Clerk CONTRACT BE%~VEEN THE CITY OF SOUTH SAN F~NCISCO, THE CITY OF SAN ~RUNO A~ THE UNITED STATES OF ~[~RICA FOR THE ~AINTEM&~.~CE A~fD 0PEhY&T!ON OF AN OUTFALL S~'~R LINE. THIS AGR~}~MENT, made this 18th day of July, 19~5, By and between the Cities of South 5~n Francisco and San Bruno, California, (hereinafter called the "cities") ,'and the United States of America, (hereinafter called the "Government") represented by the Chief of the Bureau of Yards and Docks, Nav~ Department (hereinafter referred to as the "Contracting O~-ficer"), ~T~SSETH: WHERF2~S the City of 'South San Francisco and the City of San Bruno, California, have agreed between themselves to construct an outfall sewer line and pumping st~ation to serve said cities; and V~2~EREAS the gover~aent desires to obtain the use of said outfall sewer line and pure,ping station for sewage disposal from the Naval Advance Base Personnel Depot, San Bruno, California, and is willing to pay its share of the cost of the operation and maintenance of said outfall sewer line and p~u~ping station, as here- inafter provided; and 7~w~AS said outfall s~ver line and pumping station and the government's use thereof are necessary and proper to promote the welfare and sanitation of the cities and ~e Naval Advance Base Personnel Depot, at San Bruno; N~g, THEREFORE, in consideration of the pr~dses and of the cities' promise to carry out the construct- don of that part of said outfall sewer and pumping station desdgnated in the specifications and plans for said outfall sewer project, adopted by the City Council of the City of South San Francisco ~lay 21, l?)~, it is agreed as follows: The City of South San Francisco will operate and maintain, subject to the provisions hereinafter set forth, the control manhole, pun,ping plant and force main and will periodically bill the other two parties for their pro rata share of the operating and maintenance costs as hereinafter set forth. The City of San Bruno v~ll, at its own ex~Jense, maintain its interceptor sewer up to the control manhole, The City of South San Franc~.sco vrill, at its eyre expens% maintain its interceptor sewer to its junction vrith the N~vy sewer at Tanforan Avenue and San Mateo Average. The Navy will, at its own expense, n~.aintain its s,~wer west of San ~,Jateo Average, and the Navy and City of South San Francisco will jointly maint- ain the outfall sewer from San Mateo Avenue to the control ~nhole. All other oortions of the project sh~ll be maintai~ed and operated jointly at the e~Jense of the three parties. Each of the parties shall pay its pro rata share of the cost of maintenance and operation of the control manhole, pmmping plant and force main on the basis of the average amount of sewage contributed by each of said parties, as deter~dned by the Engineers for the Cities of South San Francisco and San Bruno, and the Commandi~ Officer for t he Naval Advance Base Personnel Depot, San Bruno. The ratable share shall be determined on the basis of actual measurement of sewage flow at least twice a year, to-wi~: The l~th day of January and the 15th d,~y of July, and if so required, .~y any of the parties, at any other times. On any items of .nRi.~tenance involving~ rep'!r, in excess of .~2000.00, the three contracting parties shall consent thereto prior to the accomplishment of incurring any o~oligation therefrom. The pro rata of any expenditures for maintenance and repairs in excess of $20OO.OO shall be deter- mined by the average pro rata sewage flow for the preceding 2 year period. Upon cessation of use by the Government of the sewer facilitia, s, the Gover~nent shall be released of ali. obligations therefrom. It is understood and agreed that any money to be paid on behalf off the Government pursuant to the terms of this agreement s,hall be paid out of such Dmds as may be available therefor or which have been appropriated for such purpose by the Congrees of the United States of America. No member of or delegate to Congress or Resident Commissioner shall be adm~.tted to any share or part of this permit, or to any benefit to arise th~.~- ~T~+~ THIS AGRf~]MENT, made thJ. s 18th day of July, 19~5, by and between the Cities of South 5~n Francisco and San Bruno, California, (hereinafter called the "cities") and the United States of America, (hereinafter called the "Government") represented by the Chief of the Bureau of Yards and Poohs, Navy Department (hereinafter referred to as the "Contracting O~-ficer"), I'~7 TNESSETH: WNERF~tS the City of 'South San Francisco and the City of San Bruno, California, have agreed between themselves to construct an outfall sewer line and pumping s~ition to serve said cities; and VfHERF~%S the government desires to obtain the use of said outfall sewer line and pure,ping station for sewage disposal from the Naval Advance Base Personnel Depot, San Bruno, Califonaia, and is willing to pay its share of the cost of the operation and maintenance of said outfall sewer line and pumping station, as here- inafter provided; and V~q~QEAS said outfall se~'~er line and pumping station and the government's use thereof are necessary and proper to promote the welfare and sanitation of the cities and the Naval Advance Base Personnel Depot, at San Bruno; NG.¥, THEREFORE, in consideration of the premises and of the cities' promise to carry out the construct- don of that part of said outfall sewer and pumping station designated in the specifications and clans for said outfall sewer project, adopted by the City Council of the City of South San Francisco ~iay 21, 19~, it is agreed as follows: The City of South San Francisco vdll operate and maintain, subject to the provisions hereinafter set forth, the control manhole, pumping plant and force main and will periodically bill the other two parties for their pro rata share of the operating and maintenance costs as hereinafter set forth. The City of San Bruno v~ll, at its ow~ expense, maintain its interceptor sewer up to the control manhole, The City of South San Francisco will, at its ow~ expense, maintain its interceptor sewer to its junct_~on with the N~vy sewer at Tanforan Avenue and 'San Mateo Avenue. The Navy will, at its own expense, maintain its s~ewer west of San Marco Avenue, and the Navy and City of South San Frsncisco will jointly maint- ain the outfall sewer from San ~teo Avenue to the control manhole. All other oortions of the project shell be maintai~_.ed and operated jofntly at the expense of the three parties. Each of the parties shall pay its pro rata share of the cost of r~aintenance and operation of the control manhole, p~unping plant and force main on the basis of the average amount of sewage contributed by each of said parties, as determined by the Engineers for the Cities of South San Francisco and San Bruno, and the Commanding Officer for t he Naval Advance Base Personnel Depot, San Bruno. The ratable share shall be determined on the basis of actual measurement of sewage flow at least twice a year, to-wi~: The 15th day of January and the l~th doy of July, and if so re~iuired, ;~y any of the parties, at any other times. On .any items of 'rm_~mtenance involving rep~ir, in excess of ~2000.00, the three contracting parties shall consent thereto prior to the accomplishment of incurring any obligation therefrom. The pro rata of any e~penditures for maintenance and repairs in excess of $2000.00 shall be deter- mined by the average pro rata selvage flow for t~e preceding 2 year period. Upon cessation of use by the Government of the sewer facilitia, s, the Goveroment shall be released of all obligations therefrom. It is understood and agreed that any money to be paid on behalf off the Government pursuant to the terms of this agreement s~hall be paid out of such funds as may be available therefor or which have been apF. ropriated for such purpose by the Congrees of the United States of America. No member of or delegate to Congress or Resident Commissioner shall be admitted to any share or part of this permit, or to any benefit to arise therefrom. Nothing herein contained shall be construed to extend to any incoroorated company, if the permit be for the general benefit of such corporation or company. The Cities, in perfo~fing work under this contract, shall not discriminate against any employee or applicant for employment because of race, creed., color, or national origin. The Cities shall include an identical provision in all of their subcontracts. For the purposes of this section, subcontracts shall include all ourchase orders and aFreements to perfonr, all or any part of the work, or to make or furnish any article, reunited for the performance of this contract, e:¢ce~ot purchase orders or agreements for the furnishing of standard corm~ercia! articles or ra~ materials. Attest: Attest: IN WIT~ESS [W{E_~[;DF the parties hereto ,have executed this agreement this 18th day of July, UNITED STATES OF .~,iERICA By Civil ~Ln~ neer Corps, U.S.N. for Chief of the Bureau of Yards and Docks, Navy Department. CITY OF hDUTH S&~'.~?RA~,!CISCO Daniel McSweeney By City Clerk ~yor CITY OF SAN BRUNO By Mayor City Clerk