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
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~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
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ATTEST:
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Scale in Feet
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ED~HIE51T "A"