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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