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HomeMy WebLinkAboutReso 33-1986 RESOLUTION NO. 33-86 CITY COUNCIL, 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 City Council of the City of South San Francisco that: 1. Approval of Agreement. An Agreement entitled "Actual Cost Contract" among the Redevelopment Agency of the City of South San Francisco, 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 A§reement. The Mayor is hereby 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 reQular meeting held on the 12th day of February , 19 86 , by the following vote: AYES: NOES: ABSENT: Councilmembers Mark N. Addie§o, John "Jack" Dra.qo, Richard A. Haffey; and Roberta Cerri Teglia None Councilmember Gus Nicolopulos ~atewa¥1.rel EXHIBIT 1 TO RESOLUTION NO. 33-86 &CTOAL COST COHTRACT THIS AGREE~NT entered into this 12th day of February , 198_~_, by and between THE I~EDEVELOPMENT AGENCY OF SOUTH SAN and CITY OF SOUTH SAN FRANCISCO, hereinafter Jointly called "AGENCY", and PACIFIC GAS AND E~ECTRIC COMPANY, hereinafter called "l~andE", WIT~ WHEREAS, AGENCY contemplates cons%ruction of Gateway Boulevard in the City of South San Francisco, San Mateo County, California; and WHEREAS, P~andE 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, P~andE 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 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 P~andE'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 ~uality Act of 1970 (California Public Resources Code, Sections 21000 et seq.). Upon the completion of the work, AGENCY shall reimburse PGandE for Gatewayl.rel the actual net coat which P~andE has incurred in effecting the rearrangement of its facilities including coats, 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 l~andE'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. 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 P~andE 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 -2- ~atewayl.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 P~andE 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 l~andE, 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 Its ATTESt, ~-~ i~, It~ ~ecutiVe Director CITY OF SOUTH SAN FRANCISCO a myni~ytl~al corporati, on / ~///~_~/ /,,,d-' . I t ~ Mayo r ATTEST: -3- i Scale in Feet · 'T ED~HIE51T "A"