HomeMy WebLinkAboutCC Resolution 7532 (Bellevue Ave Sewer Main Extension)RESOLUTION NO. 7532
RESOLUTION AUTHORIZING THE SIGNING
OF A LEASE OR AGREEMENT
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY
RESOLVES as follows:
The Mayor and City Clerk are authorized to execute,
on behalf of the City of San Rafael, a lease or agreement with
Dennis Horne for "Bellevue Avenue Sewer Main Extension", a copy
of which is attached hereto, marked Exhibit "A", and incorporated
herein by this reference.
I, JEANNE M. LEONCINI, City Clerk of the City of San
Rafael, California, hereby certify that the foregoing resolution
was duly and regularly introduced and adopted at a regular meeting
of the Council of said City held on the 4th day of May, 1987,
by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Willms & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JEAN'M. LEONCINI-, City Clerk
I , Ni 112
E
AGREEMENT
FOR COMPLETION OF IMPROVEMENT WORK DESIGNATED
BELLEVUE AVENUE SEWER MAIN EX`T'ENSION
SAN RAFAEL, CALIFORNIA
THIS AGREEMENT entered into as of and dated the 4th day of
May, 1987, by and between THE CITY OF SAN RAFAEL, a municipal corpora-
tion, hereinafter called "City" and DENNIS HORNE, an individual,
hereinafter called "Contractor";
WITNESSETH;
WHEREAS, City's Ordinance now in force and effect require
that certain excavations be authorized in writing; and City has re-
quired that Contractor execute an Agreement with City relative to the
completion of all improvement work which is shown upon the Improvement
Plans and Specifications, and designated BELLEVUE AVENUE SEWER MAIN
EXTENSION, as prepared by ARTHUR J. LANG AND ASSOCIATES, and as ap-
proved by the City Engineer of City anO now on file in the office of
said City Engineer of City;
NOW, THEREFORE, for and in consideration of City's consent
to the installation of improvements designated BELLEVUE AVENUE S117E R
.MAIN EXTENSION, by the governing body of City, it is hereby agreed as
follows:
1. Contractor shall, at its own sole cost and expense,
furnish all labor and materials required to fully construct and in-
stall, or cause to be completed constructed and installed, in a good
and workmanlike manner, on or before MAY 4, 1988, at an estimated cost
of $ 25,000. (including inspection, replacement and repair of exist-
ing streets and other improvements damaged in the development of the
improvements, if any of the same be damaged, and to reimburse City for
incidental. expenses) the improvements shown and delineated upon said
Improvement Plans and Specifications, designated BELLEVUE AVENUE SEWER
MAIN EXTENSION.
2. All of said imps oveE-,ents shall conform to the "Uniform
Construction Standards" of City on file in the office of the City
Engineer.
COPY
3. Any work not covered by the above mentioned specifica-
tions shall be constructed in accordance with State of California
Standard Specification (July, 1994) and/or City's specifications
insofar as they may apply; otherwise in accordance with the require-
ments of the City Engineer of City.
4. The entire cost, if any, of replacement and repair of
existing streets and other improvements damaged in the development of
said improvements, if any of the same be damaged, shall be borne by
the Contractor, and Contractor shall also reimburse City for inciden-
tal expenses, and the bond herein_ mentioned shall be security
therefor, also.
5. Contractor shall, concurrently herewith, file with said
City, a corporate surety bond in the sum set forth in Paragraph 1
hereinabove to assure his full and faithful performance of the terms
and conditions of this agreement.
ti. IT IS FURTHER UNDE.RSTOOD AND AGREED that should the
Contractor fail to construct or cause to be constructed any or all of
said improvements as herein provided, the City (or the City Engineer
under the direction of the City Council of said City), in addition to
any other rights it may have, may construct or cause to be constructed
said improvements, and the Contractor: agrees to reimburse the City for
any and all such labor and materials used, and the bond herein men-
tioned shall be security therefor.
7. That in the event good and sufficient cause is shown
therefore to said City by said Contractor, said City Engineer_ may
extend the time within which said improvements may be made and com-
pleted under this contract, and such extension may be made from time
to time as good and sufficient cause therefor appears, upon the ap-
plication of said Ccntractor.; provided, however, that any extension of
time granted hereunder by City shall not relieve or affect the surety
bond given to secure Contractor's performance under this agreement.
8. That said work and improvement shall be subject to
approval and acceptance by the City Engineer of the City of San Rafael
and to inspection., at all times, by said City Engineer. Work ac--
complished in the absence of or without the knowledge of the City
Engineer or his duly authorized representative shall be subject to
rejection. Plan check and inspection fees shall be paid prior to the
commencement of work based on the amount shown in Paragraph 1.
9. That reference is hereby made to the said improvement
Plans and Specifications designated BELLEiIUE AVENUE SEWER MAIN
EXTENSION for a more particular description of the: work and improve-
ment covered by this agreement, and said Improvement Plans and
Specifications, are by this reference incorporated herein and made a
part hereof.
10. Contractor promises and grees to construct and complete
all of said improvements to the satisfaction of the City Engineer of
the City of San Rafael., within the time above mentioned, and to pay
for and discharge all of the cost and expense thereof.
11. That this worn and the making of these improvements shall
be performed by Contractor, either individually or by and through
contractors or agents, and that in no case does City assume any
responsibility for the supervision or performance of said work or the
time of completion. Contractor agrees to hold harmless and indemnify
City from and against all suits, causes of action, claims, damages,
liability or other harm lodged, filed, claimed or asserted by any
third party or its representatives for personal. injury or property
damage arising directly or indirectly, if foreseeable, as a result of
the construction activity.
12. Contractor and City agree to submit any claims arising
under this agreement to binding arbitration pursuant to the current
provisions of the California. Code of Ci -0-1 Procedure and any sucessor
statues.
13. A complete improvement plan "as -built" :shall be filed
with the City Engineer upon completion of said improvements. That
upon receipt and acceptance of said "as -built" plan and upon written
certification to die- City Council_ by the City Engineer that the terms
of this agreement have been cor:ple-taly fulfilled by Contractor, this
agreement shall be deemed terminated.
IN WITNESS WHEREOF the parties hereto have caused this
Agreement to be executed, in duplicate, on the day and year .first
above written.
(CITY SEAL)
APPROVED AS TO SUFFICIENCY:
.i A. ti I. k
CITY ENGINEER
CITY MANAGER
APPROVED TO FORM:
ETY�/ATTORNEY
CITY OF SAN RAFAEL
MAYOR
BY 1.*
. Y -4a rA -
.�
CITY CLERK
CONTRACTOR
DENNIS HORNE