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HomeMy WebLinkAboutGavilan College - Sewage and Waste Disposal Agreement A G R E E MEN T THIS AGREEMENT, made and entered into this J.5.1h.. day of JI$Ir~r~/, 1965, by and between GAVILAN JOINT JUNIOR COLLEGE DISTRICT, party of the Flrst Part, hereinafter designated as "District", and the CITY OF GILROY, a municipal corporation in the County of Santa Clara, state of California, party of the Second part, hereinafter designated as "City", WIT N E SSE T H : THAT, whereas the Party of the First part is a Junior College District organized pursuant to the laws of the state of California and has obtained land described as follows: 142.246 acre parcel of land shown on record of survey map filed for record November 18, 1963, in Book 169 of Maps, at page 37, Santa Clara County Records, for its campus, upon which it will, in the immediate future, erect its college buildings and provide the facilities necessary to a junior college: and WHEREAS an important facility which must be provided for said college is a means of disposing of the sewage and waste from the college and to this end the said District has negotiated with the City which has a sewage disposal plant and system of such capa- city and so located as to be available to the College: and WHEREAS, as a result of said negotiations, the City has found that it is able to cooperate with the Dlstrict fo~ the purpose aforesaid and under the terms and conditions herei~after set forth, NOW THEREFORE, it is hereby agreed by and between the parties hereto as follows: 1. That the City will enable the District to use the City's sewage disposal plant and so much of the City's sewer line as may be necessary for the disposal of sewage from the college, subject to the terms of this Agreement and District agrees to so use said facilities. ( 1) 2. That to use city's said facilities, it is necessary that a sewer line be furnished and installed from the Northeasterly boundary of the College campus to the City's present sewer line at south Monterey Road and Thomas Lane, at which point the new line will be connected with the City line. It is agreed that said new line shall be vitrified clay of the sizes shown on the plat hereto attached, marked Exhibit "A" and made a part of this agreement and provide adequately for the Dlstrict's needs but that said line should be oversize to care for future City requirements in the area which ought to be serviced by said pipeline. It is also agreed that the new pipeline will follow Route "C" as shown on the aforesaid plat attached hereto. Any rights-of-way which it will be necessary to acquire for the pipeline shall be secured by the City and in the event that there is any expense in securing the rights-of-way, the costs thereof shall be borne by each of the parties hereto equally: provided, however, that if either party considers that the expense of securing said rights-,of-way is more than it should bear, it shall inform the other party and this agreement shall be null and void until the cost is adjusted or some other route for the rights-of-way is deter- mined upon after new negotiations between the parties. If the matter of the cost of said rights-of-way can be or is adjusted between the parties, the balance of the contract shall remain unchanged except as hereinafter provided. 3. That the city Engineer's estimated cost of the furnishlng and laying of the pipeline from the College grounds to the connection to be made with the City's existing pipellne at Monterey Road and Thomas Lane is $81,422.00 for the smaller diameter line and $94,512.00 for the larger or oversized line. 4. That the District shall pay to the City for the said (2) sewer line, at the time the contract for the construction of the sewer line is awarded to the lowest responsible bidder agreed upon by the District and the City, as hereinafter more specifically set forth, the amount of the bid of said lowest responsible bidder. It is understood that the difference between the actual cost of the oversized pipeline and the smaller diameter pipeline if it were laid shall be determined from the actual cost of laying the larger diameter pipeline and the difference between that cost and the alternative bid made for the smaller diameter pipeline submitted by the bidder ~o whom the contract is awarded. The said difference in the cost shall be paid back to the District by the City as follows: On the first anniversary of the date when the said money was paid to the Clty of Gilroy, there shall be paid back to the District one-fifth (1/5) of the said difference in cost: on the second anniversary there shall be paid back to the District the sum of one-fifth (l/5) of the difference in the cost: and on september 1, 1967, the remaining balance of said difference in the cost shall be paid back to the District. 5. That the City shall construct the said sewer line and have charge of the construction and it shall be constructed as a public works project. plans and specifications shall be prepared covering the project to be approved by both the City and District. The City Engineer shall prepare said plans and specifications since he is also the Engineer for the District upon this project. The engineering costs for the project shall be borne by each party to this agreement in the same proportion as the pipe and installation costs, as is set forth in the said paragraph 4. The City shall call for bids on the project as follows: a. A base bid upon the project that will include the oversized pipeline, with b. An alternative bid for the smaller pipeline sufficient to serve the District only. (3) When the bids are opened, the District and the city shall confer upon the bids and the District shall first select what it deems to be the most acceptable bid. If this bid is agreeable to the City, and the District and the City are agreed that such bid should be accepted and the contract awarded to such bidder, then the District shall forthwith pay to the city the total amount of the bid accepted and the City shall award the contract and proceed with the construction of the project. That in the event the District and the City do not agree upon which bid should be accepted, all bids shall be rejected and the parties shall confer and renegotiate and if possible, agree upon a project acceptable to both parties and re-advertise for bids and open, accept and award bids under the same procedure hereinabove set forth. 6. That the said sewer line, when constructed, shall be the property of the City, and the District shall have no property interest in the line but only the right to use the line for the transmission of sewage from its College plant and facilities. It is agreed that the sewage from the said District's college will be transported and treated on the same basis as is provided to the public schools located wlthin the incorporated limits of the City.at any given time. 7. Once the said sewer line becomes an operable part of the City sewer system, all agreements for making connections with the said line by others shall be the right of the City only, and the City is entitled to and shall collect all fees for such connections made to said line. 8. Said pipeline, when constructed, shall be maintained and serviced and kept in repair by the City at the City's expense: provided, however, if the final detailed engineering report reveals or indicates that the proposed pump lift station ( 4) (shown on the plat attached hereto, adjacent to the Northeast corner of the college site), shall serve only to remove the sewage being discharged by the Dlstrict, then said pump shall be located upon the College site, in which event the City shall maintain the said pump lift station and keep the same in good order and repair and shall keep account of the cost of said maintenance and repair and bill the District monthly therefor and the District shall reimburse the city for said expenditures. 9. Upon completion of this project to the satisfaction of the city, the actual costs of the project shall be determined by I reference to the contract or contracts let for the work, and cost records maintained by City. Within sixty (60) days after final determination of actual costs, an adjustment shall be made between the parties, with the Clty repaying to the District any overpayment which it has received from the District, with the exception of the difference between the cost of the smaller diameter pipeline and the oversized pipeline, said difference in cost to be paid in three (3) installments, as provided at the end of Paragraph 4 of this agreement. Any amount in excess of the actual cost of the oversized pipeline shall be immedi- ately refunded to the District, as soon as the amount thereof is determined. This agreement shall be liberally construed so that it may be carried out according to the true intent and purposes of the parties hereto. IN WITNESS WHEREOF, the parties hereto have hereunto caused this agreement to be subscribed by thwir respective officers there- unto duly authorized, the day and year hereinabove written. 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