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Home My WebLink About0154.094.. . 4 F~brua~y 17, 1994 THE HONORABLE CITY COUNCIL Palo ~to. California Agreement Rei@u:t"se with Santa Clara Valley Water City f::lT Relocatin~a.s Mains Members of the Council: Report in Brief 4 District. (ScywDl to This report requests that Council approve an agreement with SC\'WD to reimburse the City for relocating its gas mains in preparation for flood control improvements. Background The SCVWD is preparing to start cons~ruction of Matadero Creek. Phase V, in the spring of 1994. Matadero Creek, Phase V includes constructing a reinforced concrete box culvert under existing park and bike pathways between the Stanford Channel and Barron Creek Sediment Basin. Within the proposed constructic,n area, under the bike path between Matacero Avenue and Varian property, the City maintains existing 2-and 4· gas mains. To minimize conflicts, the City~6 gas mains need to be relocated prior to the start of SCVWD~s project. Project Description Under the proposed agreement with S~ID, there will be a relocation of the City's gas maine and SCVWD will reimbUrse the City for its actual costs incurred in relocating the gas mains. The cost for C'MR: 154: 94 ... .. o relocating the gas mains is est-imated at $40.000, however, this figure is not the maxitr.um lia.bility of SCVWD. Recommendation Staff recomm.ends that Council authorize the Mayor to execute the Agreement 'With SC'\lWD to reimbu~5e the City for actlial costs incurred relocating the gas mains for Matadero Creek, Phase V. Respectively Submitted, fl~~- GREG sec.? Senior Eng;~ee~ :; E{if!~ Director of Utilities -&\Mtv~ m. ~~ BRRNARD M _ STRo.JNY Assistant City Manager Attac.hment: CMR:154:94 Cost Reimbursement Contract ~ Santa Clara va.lley Water District Map of Con9truction Area .. 4 COST REIl<EUQSEMEN"r CONTl<ACT SANTA. CIuUlA. VALLEY WATER DXSTR.IC7 llZLOCA'l":ION OF GAS MAIN LI:NE BETWEEN BANO\1BIl ST1<ZI<T AND MA TADERO AVENUE Jo..TADERO CItEEX', PEAS&: V I C:LTY OJ' PALO ALTO THIS AGREEMENT is entered into this day of I I by a!ld between SA."l1'A CLA.RA VALLEY WJlo+TER "D"I"S"TR"""r-CT=,--:a:--:p"uh::; 1 ic corpo ra t i on (-Oi 9 t ri ct· ) and CITY OF PAl,Q ALTO. a muniCipal corporation (·City~). WIT NBS SET ij: WHEREAS, District will be constructing flood control improv~~ents (~Box CUlvert~} as part of the Mdtader~ Creak, Phase V project ~·project·) in the City of Palo ~tO, county of Santa Clara, California; and WHEREAS I District wishes; to use and occupy additional subterranean land owned by City to construct, install, maintain, and operate the Box CUlvert therein as an extension of existing flood control impr~~ements in the Matadero Creek areal and District is seeking a grant of easement pursuant thereto; and WHEREAS, City maintains a natural gas rrain line betw~en Hanover Street and ~~tadero Avenue in Palo Alto (-Main-), and such Main lies within the additional subterranean lands which District seeks to use and occupy for the construction, installation, maintenance, and operation of the Box Culvert; and WHEREAS, District has requested that City permanently relocate its Main so that the Main and Box Culve=t will not occupy the same port. ion of the additional subterranean land owned by City; NOW~ THEREFORE, in consideration of the following covenants, te~$, and conditions, the pa~ties agree: 1. City reserves to itself, its officers, employees, contractors, and agents, the right to install, maintain, operate, repnir, alter, remove. rearrange, or replace its Main within City lands more particularly described in Ex..'libit A as City may deem necessary or appropriate~ City will use reasonable efforts to coordinate its Main relocation and related activities with District. emergencies excepted, and to avoid substantially interfering with the construction, installation, maintenance, a,nd operation of the Box Culvert. 2~ in the event that the construction of a temporary Main by City is neces~itated by the constructicn of the Project; City sr~ll have the right to use and occupy land which is occupied and used by District's Box O .. Llvert. Upon the completion of construction of the perrranent Main by City, at the req~est of any City representative, Distr-ict shall remove and dispose of the 1 ~- ./~.- ::. :-, o temp<:;rary Main .and restore t:he land to its ~riginal c,:mdi tion on behalf of City at District's sole cost and expsnBs. :;. upon the completion of the permanent Main, District shall reimburse City for the act.ual costs incurred b}." City in effecting the relocation of its Main, including, but not limited t.o, engineering and administrative costs and expenses, and the costs of installation of the permanent and temporary Mains. City'S estimated relocation and related costs of $10~ 000 is set fertt, herein for District budgeting purposes only, and such amount is Dot inte::lded to limit the arocunt which may be claiIned by City or paid to City by D .. 1strict. 4. Actual c~sts shall be determined in accordance with City's general accowlting pract.i CES and p:r-ocedures, and shall include, without limitation. the following charges: survey and installation costs, labor and payroll taxes, materials, supplies, transportation, stores and tools expense. engineeri4g, supervision, overhea~s, and allowances for worker'S compensation, public liability and property da.'1la.ge iI"'..5urance. 5. City shall submit to District a d~tailed invoice for all actual costs. District s~~ll pay City's invoice within thirty (30) days of receipt. Interest on the unpaid bala~ce shall accrue at the maxilmlln legal rate allo~ed by law if full payment is not made within 60 days of receipt of su~h invoice. Distri~t. upon reasonable written notice to City, shall have the ~ight to audit City's accounts and records up to one year from the date of invoice during the regular bours of City. 6. The provisions hereof stkLll inure to the benefit of and be binding upon the respective successors and assigns of the parties hereto. 7. If a court of competent jurisdiction finds or rules that any provisions of this Agreement is void or unenforceable, the unaffected provisions shall remain in full force and effect. IN WITNESS WEEREOr', the parties have executed this Agree ment by their duly authori~ed officers on the date first above set forth. City Clerk APPROVED AS TO FORM, Senior Asst. City Attorney 2 CITY OF PALO ALTO Mayor SANTA C~~ VALLEY WATER DISTInCT APPROVED: City Manager Director of Finance Risk Manager 3 SITE PLAN LEGEND BO)( CULVERT CONSTRUCrrON • COr.tFLUENCE l. SEOtMENT BASIN TEMPOR~RY COtJSTFI.UCnm. AAEA