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HomeMy WebLinkAboutReso 1038-1945RESOLUTION NO. 1038 RESOLVED by the City Council of the City of South San Francisco that said city enter into an agreem~ with the City of San Bruno and the United ~tates of America for the maintenance and operation of an outfall sewer, substantially in the form annexed hereto and made a part hereof. The Mayor of said city and the Cit~ Clerk are hereby authorized and directed, in the name of said city and under its geal, to execute the contr~ hereby author ized. I hereby certify that the foregoing resolution was regularly introduced and adopted at a regular meeting of the City Council of the City of South San Francisco, held on the 6th day of August ,%945, by the following vote: Ayes, Councilmen Noes, Councilmen Absent, Councilmen SEAL V. Boido, M. Minucciani, G. W. Holston, Charles K. Elder None Ivan ~. Hays Attest: Daniel McSweeney City Clerk CONTRACT BETWEEN THE CITY OF SOUTH SAN FRANCISCO, THE CITY OF SAN BRUNO AND THE UNITE~ STATES OF AMERI'~A FOR THE MAINTENANCE AND OPERATION OF AN OUTFALL SF~ER LINE. THIS AGR~NT, made this 18th day of July, 1945, by and between the Cities of South ~an Francisoo and San Bruno, Californda, (hereinafter called the "cities") and the United States of America, (hereinafte] called the "government"), WIT~SETH: WHEREAS the City of ~outh San Francisco and the City of San Bruno, California, have agreed between themselves to construct an outfall sewer line and pumping station to serve aaid cities; and WHEREAS the government desires to obtain the ~se of said outfall sewer line and pumping station fo~ 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 pumping staion, as hereinafter provided; and WHEREAS said outfall s~wer 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 Br~mo; N~'4 THEREFO?~, in consideration of the premises and of the cities' promise to carry out the con- struction of that part of said outfall sewer and pumping station designated in the specifications and plan for said outfall sewer project, adopted by the City Couucil of the City of South Sa~ Francisco May 21, 194 it is agreed as follows: 1. The City of South San Francisco will operate and maintain, subject to the provisions hereinaf~ set forth, the control manhole, pmnping plant and force main and will periodically bill the other two par~ for their pro rata share of the operating and maintenance costs as hereinafter set forth. The facility referred to herein is delineated on "Exhibit A", annexed ~e~e~o and made a part here¢ 2. The City of ~an Bruno will, at its own expense, maintain its interceptor sewer up to the cont] manhole. The City of South San Francisco will, at its o~ expense, maintain its interceptor sewer to its junction with the Navy sewer at Tanforan Avenue and San Mateo Avenue. The Navy will, at its. own expense, maintain its sewer west of San Mateo Avenue, and the Navy and City of South San Francisco will Jointly maintain the outfall sewer from San Mateo Avenue to the control manhole. All other portions of the proje~ shall be maintained and operated jointly at the expense of the three parties. 3. Each of the parties shall pay its pro rata share of the cost of maintenance and operation of control manhole, pumping plant and ~orce main on the basis of the average amount of sewage contributed by of said.parties, as determined by the Engineers for the Cities of South San Francisco and San Bruno, and · Commanding Officer for the Naval Advances 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-wit: The 15th da January and th3 15th day of July, and if so requested, b~ any of the parties, at any other times. 4. On any items of maintenance involving repair, in excess of $2000.00, the three contracting pa shall consent thereto prior to the accomplishment of incurring any obligation therefrom. 5. The pro rata of any expenditures for maintenance and repairs in excess of $2000.00 shall be determined by the average pro rata sewage flow for the preceding 2 year period. 6. Upon cessation of use by the Government of the sewer facilities, the Government shall be rede of all obligations therefrc~. 7. It is understood and agreed that any money to be paid on behalf of the Government pursuant t¢ terms of this agreement shall be paid out of such funds as may be available therefor or which have been appropriated for such purpose by the Congress of the United States of America. SEAL Attest: Daniel McSweeney City Clerk CONTRACT BETWEEN THE CITY OF SOUTH SAN FRANCISCO, THE CITY OF SAN BRUNO AND THE UNITED STATES OF AMERI:]A FOR THE MAINTENANCE AND OPERATION OF AN OUTFALL SF.~ER LINE. THIS AGR_~NT, made this 18th day of July, 1945, by and between the Cities of South ~an Francisco and San Bruno, California, (hereinafter called the "cities") and the United States of America, (hereinafte called the "government"), WITNESSETH: WHEREAS the City of ~outh ~$an Francisco and the City of San Bruno, California, have agreed between themselves to construct an outfall sewer line and pumping station to serve aaid cities; and WHEREAS the government desires to obtain the ~se of said outfall sewer line and pumping station fo: 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 pumping staion, as hereinafter provided; and WHEREAS said outfall sewer 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 Br~mo; NOW, THEREFORE, in consideration of the premises and of the cities' promise to carry out the con- struction of that part of said outfall sewer and pumping station designated in the specifications and plan: for said outfall sewer project, adopted by the City Council of the City of South Sa~ Francisco May 21, it is agreed as follows: 1. The City of South San Francisco will operate and maintain, subject to the p~ovisions hereinaft~ set forth, the control manhole, p~,ping plant and force main and will periodically bill the other two part' for their pro rata share of the operating and maintenance costs as hereinafter set forth. The facility referred to herein is delineated on "Exhibit A", annexed ~ere~o and made a part hereo~ 2. The City of ~an Bruno will, at its own expense, maintain its interceptor sewer up to the contr~ manhole. The City of South San Francisco will, at its o~ expense, maintain its interceptor sewer to its junction with the Navy sewer at Tanforan Avenue and San Mateo Avenue. The Navy will, at its~own expense, maintain its sewer west of San Mateo Avenue, and the Navy and City of South San Francisco will Jointly maintain the outfall sewer from San Mateo Avenue to the control manhole. All other portions of the projec' shall be maintained and operated jointly at the expense of the three parties. 3. Each of the parties whall pay its pro rata share of the cost of maintenance and operation of tl control manhole, pumping plant and ~orce main on the basis of the average amount of sewage contributed by ~ of said parties, as determined by the Engineers for the Cities of South San Francisco and San Bruno, and t~ Commanding O~ficer for the Naval Advances 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-wit: The 15th day January and th3 15th day of July, and if so requested, by any of the parties, at any other times. 4. On any items of maintenance involving repair, in excess of $2000.00, the three contracting par~ shall consent thereto prior to the accomplishment of incurring any obligation therefrom. 5. The pro rata of any expenditures for maintenance and repairs in excess of $2000.00 shall be determined by the average pro rata sewage flow for the preceding 2 year period. 6. Upon cessation of use by the Government of the sewer facilities, the Government shall be re,ca: of all obligations therefrcm. 7. It is understood and agreed that any money to be paid on behalf of the Government pursuant to terms of this agreement shall be paid out of ranch funds as may be available therefor or which have been appropriated for such puroose by the Congress of the United States of America. 8. No member of or deligate to Congress or Resident Commissioner shall be admitted to amy share part of this contract, or to a~y benefit to arise therefrom. Nothing herein contained shall be construed extend to any incorporated cc~pany, if the contract be for the general benefit of such corporation or comp~ 9. The cities, in performing work under this contract, shall not discriminate against any employe~ applicant for ~,ployment because of race, creed, color~ or national origin. The cities shall include an identical provision dn all of their subcontracts. For the purposes of ~his section, s~bcontra~ts shall in¢ all purchase orders and agreements to perform all or any part of the work, o~ to make or furnish any artic~ required for the performance of this contract, except purchase orders or agreements for the furnishing of standard commercial articles or raw materials. ~ lC. The cities warrent that they, and neither one thereof, have not employed any person to solici~ or secure this agreement upon a~ agreement for a commission, percentage, brokerage or contingant fee. Bre of this warranty shall give the ~overnment the right to annul this agreement. Attest: City IN WITNESS WHEREOF the parties hereto have executed this agreement this 18th day of July, 1945. ~ITED STATES OF AMERI~]A Civil_~ngineer Corps, U. S. N. for Chief of the Bureau of Yards and Docks, Navy Department. ~IvTY OF SOUTH SAN FRANCISCO Mayor