HomeMy WebLinkAboutCC Resolution 7180 (Peacock Gap Improvement District)RESOLUTION NO. 7180
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN RAFAEL AUTHORIZING THE SIGNING OF
PIPELINE EXTENSION AGREEMENT WITH MARIN
MUNICIPAL WATER DISTRICT FOR SERVICE TO
CHINA CAMP STATE PARK - PEACOCK GAP
IMPROVEMENT DISTRICT
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 pipeline extension
agreement with Marin Municipal Water District to provide water
service facilities to China Camp State Park in connection with
the Peacock Gap Improvement District, a copy of which is
attached hereto and incorporated herein by this reference.
I, JEANNE M. LEONCINI, City Clerk of the City of San
Rafael, California, hereby certify that the foregoing resolu-
tion was duly and regularly introduced and adopted at a
regular meeting of the Council of said City held on the 16th
day of September, 1985, by the following vote, to wit:
AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Vice -Mayor Breiner
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS:
Mayor Mulryan
JEA Nt_M. LEONCINI, C'ty Clerk
File No. 411.3
Assessment District
PIPELINE EXTENSION AGREEMENT
MARIN MUNICIPAL WATER DISTRICT --CITY OF SAN RAFAEL
NORTH SAN PEDRO ROAD
SAN RAFAEL
THIS AGREEMENT is made and entered into this 12th day of
June, 1985 by and between MARIN MUNICIPAL WATER
DISTRICT, hereinafter called "District"; and "City of San,
Rafael", hereinafter called "City", as follows:
WHEREAS, City has instituted proceedings pursuant to the
provisions of the Municipal Improvement Act of 1913 under which
it will construct improvements in North San Pedro Road, San
Rafael, California, to provide water service to the China Camp
State Park shown on a map furnished to District entitled, China
Camp Project, land ownership record, by California Department of
Parks R Recreation, scale 1" = 1000', dated January 10, 1980, and
WHEREAS, the said Municipal Improvement Act of 1913 provides
that prior to the ordering of the work in said special assessment
district proceedings there shall he entered into a contract
between City and District with relation to the plans and
specifications for the system of domestic water supply and the
installation thereof, and
WHEREAS, District has determined that service to said
Assessment District will require the installation of 2850' of 6"'
pipe, 3-6" fire hydrants and 1-1" service connection, and other
facilities as set forth in plans prepared therefore.
NOW, THEREFORE, the parties hereto do agree as follows:
1. Installation According to District Plans and Specifica-
tions: The pipeline extension applied for and all work done in
connection therewith shall be done under the supervision of and
to the satisfaction of District, and shall he installed in
accordance with detailed plans and specifications or supplemental
plans as they may be prepared from time to time therefor by
District. District shall. have absolute discretion in determining
the kind and quality of the work and materials. As the work
progresses, District reserves and shall have the right to amend
and adapt plans and specifications to meet conditions as they
develop. Any extra costs arising from any such revision of plans.
will he charged to and paid for by City.
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ATTENTION IS CALLED TO THE STANDARD
SPECIFICATIONS
OF
DISTRICT,
WHICH ARE REFERRED TO AND ARE INCORPORATED HEREIN
BY
REFERENCE,
AS THOUGH SET FORTH AT LENGTH.
THE CITY AND
ITS
CONTRACTOR
AGREE THAT ALL WORK SHALL BE DONE
ACCORDING TO
THE
PROVISIONS
OF THE STANDARD SPECIFICATIONS AND
THAT CITY AND
ITS
CONTRACTOR
OR SUBCONTRACTORS, ARE FULLY BOUND
TO ALL PROVISIONS
OF THE STANDARD
SPECIFICATIONS.
2. Method of Performance of Work: Mork done under this
agreement shall be performed by private cnntract to he let by
City,
3. Estimate: The estimated cost of this work is:
a. Pipeline Installation ................. S 113,142
b. Hydrant Installation .................. 6,264
c. Service Connections ................... 1,040
d. Connection Fee..........,. ............. 4,017
e. Storage Charge ........................ 670
TOTAL .................. S 125,133
Said cost estimates are made solely for the convenience of
District in determining required deposits, bonds, and
guarantees. District makes no representations whatever, and
assumes no responsibility whatever, regarding the accuracy of
said estimates.
4. Deposit: City agrees on behalf of said assessment
district that there will be provided in the plans and
specifications and the estimate of cost of said work, and in the
amount of assessments to be levied and bonds to be sold in said
proceedings, sufficient money to pay the above amount of money,
to wit, $12.5,133. City further agrees that, prior to the
commencement of any work under any contract let for the work and
improvements in said assessment district, City will pay to
District out of the proceeds of assessments levied and bonds
issued the following sums of money:
a.
Pipeline
Materials .................... $
34,767
h.
Hydrant
Materials....... ...........
4,014
c.
Service
Connection Materials..........
500
d.
Connection
Fee .......................
4,017
e.
Storage
Charge ........................
670
TOTAL .................. S 43,968
City further agrees that said sum of $43,968 will be paid
to District before any materials shall be supplied hereunder by
District and before work of installation of any system of water
supply under any contract let by City shall commence.
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5. Refund of Deposit: Upon completion of work and acceptance
by District, any excess monies h e i n g held by District far
materials will he refunded without interest to City for credit of
Assessment District.
6. Maintenance Guarantee: The City guarantees that all work
performed by it, and all structures furnished and installed or
constructed by it under the contract, will fully meet with all
requirements of the contract.. Said guarantee will extend for a
period of twelve months, beginning at the time work is completed
and accepted by District. To insure the District of the
protection which this guarantee is to provide, the City or its
contractor will pr3vide a surety bond in the amount of 251, of the
estimated labor contract price, to wit,. 520,291. The bond shall
he delivered to the District before work on the extension begins.
7. Final Accounting: All material will be supplied by
District at District's Yard at Corte Madera or San Rafael and at
replacement cost with allowance for overhead. District estimates
of materials and other costs will be final and binding for the
purpose of fixing the amount of advances. If the actual costs are
lower than the estimated costs, City will be given the benefit of
the lower costs, and if the actual costs are higher than the
estimated costs, City will pay out of the the proceeds of
assessments levied and bonds issued, the deficit to the District
when final costs are determined.
8. Grade and Rights -of -Nay: No pipelines or other facilities
shall be installed until roadways are completed to subgrade,
curbs and gutters are installed, and until all necessary and
SLI itahle rights-of-way, pumping plant sites and storage tanks
sites required for the installation, operation and maintenance of
the facilities, are furnished. The determination of District as
to requirements in each of these matters shall he final.
9. No Refunds: No refunds will be made from the sale of
water from this extension.
10. Fire Hydrants: All fire hydrants will be turned over to
the San Rafael Fire Department, to be operated and maintained by
it the same as other hydrants in the area.
11. Pavement: The above estimates of cost do not include the
replacement of any pavement which may he broken or removed
because of the installation of these facilities, and any
necessary replacement of pavement because of this work must be
done by City, at its expense.
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12. City's Responsibility: City shall take all responsibility
for work under this agreement; shall hear all cost or loss
resulting to it or to District on account of the nature or
character of the work; or because of the nature of the ground in
or on which the work is done is different from what is assumed or
expected; or on account of the weather, flood, earthquake,
landslide, subsidence, unforeseen difficulties, accidents, or any
other causes; and it shall assume the defense of, and indemnify
and save harmless District_ and its officers, agents, and
employees from all claims of any kind arising from the
performance of work under this agrepment,including, but not
limited to, claims for personal injury, death, property damage,
loss of use, and loss of business, and including all such claims
as may be asserted by officers, agents or employees of City, its
contractor or subcontractors, District, or -third parties.
City agrees to provide in any contract entered info with
any other party for the performance of work under this agreement,
that all work be done pursuant to terms of the Standard
Specifications of District, and that such other party indemnify
and save harmless District and its officers, agents, and
employees from all claims of any kind arising from performance of
said contract or this agreement, including claims for personal
injury, death, property damage, loss of use and loss of business,
and including all such claims as may he asserted by officers,
agents, or employees of City, its contractor or subcontractors,
District, or third parties for failure to so provide in any
contract let by City.
City and its contractor agree to comply with that section
of the Standard Specifications requiring the Contractor to carry
public liability insurance which is primary and underlying to
District's insurance and specifically naming District as an
additional insured.
Before work is commenced, City or its contractor shall
furnish District with a certificate of insurance as satisfactory
proof that said contractor carries workers' compensation
insurance in compliance with the requirements set forth in the
Standard Specifications and public liability insurance in an
amount not -less than S1,000,000 combined single limit.
13. Furnishing of Materials: All materials will be supplied
by District at District's Corporation Yard or Pipe Yard and at
replacement cost with allowante for overhead. Risk of loss of, or
damage to materials shall pass to City at the time and place of
delivery. Replacement cost will he based on the "moving average
unit price" method employed by District.
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14. Inspection by District: District shall provide an
inspector to inspect the installation of facilities. The cost of
inspection shall he charged against the job and is included under
items ( a ) , ( b ) , ( c ) , and ( d ) of Paragraph 4. Pio part of the
facilities installed by City shall be covered or obstructed until
same has been inspected and approved by the District inspector.
15. Acceptance and Maintenance: District assumes no ohliga-
tion as to maintenance of the f a c i I i t i P s included in this
agreement until such time as they are formally accepted.
Acceptance will be made at such time as all facilities are
satisfactorily installed in accordance with the plans and
specifications and all paving work is completed. Any cost
incurred by District necessitated by emergency or other repairs
prior to final acceptance by District will he charged against
cost of installation.
16. Ownership of System: This agreement shall become effec-
tive after proceedings have been taken pursuant to the provisions
of the Municipal Improvement Act of 1913 and funds are available
to carry out the terms thereof. After the work is completed and
accepted, title to the works or appliances so installed shall
vest in District and constitute a part of its water supplying
system, and shall at all times thereafter be used, operated,
maintained by it as a part of such system.
17. City is Trustee for Property Owners: It is agreed that
the signature of all parties to this Agreement is based upon and
predicated upon consummation of special assessment district
proceedings providing for a sufficient assessment to pay the
money herein agreed to he paid District and also to pay all costs
and expenses of said proceedings and any rights-of-way or other
property referred to in Paragraph 8 of this Agreement. It is
agreed that the City is signing this Agreement solely as Agent
and Trustee for the property owners within the area described in
the Agreement; that it i,s assuming no direct liability for
payment of said money or the expenses of the acquisition and
construction of said system and that its only liability and
responsibility is that of conducting the special assessment
proceedings referred to in the form provided by law. It is also
understood by all parties that the City cannot pledge itself in
advance that said special assessment proceedings will give the
City jurisidiction to confirm the assessment and that all terms
and provisions of this Agreement are s u h j e c t to said special
assessment proceedings being consummated. City is to pay sums to
be paid pursuant to this Agreement only out of moneys in said
special assessment district proceedings and out of no other
funds.
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18. District Committed to Serve Only After Acceptance:
Nothing herein contained and no temporary service from any
facility herein provided for and no installation provided for
herein shall he construed as an agreement or undertaking on the
part of District to serve any area or person unless and until
this contract shall have h e e n performed im its entirety by
City and the facilities shall ,have been accepted by District.
19. High Pressure: It is agreed and understood that sPrvire
to China Camp State Park will- he granted only under District's
"Low Pressure Application", and Applicant for water service will
be given the option of installing an individual pumping plant
depending upon his pressure requirements.
20. Condition of Service: The water facilities covered under
this Agreement are to provide water service to the China Camp
State Park's "Back Ranch", consisting of 25 campsites, with an
estimated annual consumption of .61 acre feet.
21. Non -Transferable: This agreement applies only to the
parcel(s) of land hereinabove described and may not be
transferred to any other parcel(s) of land.
22. Water Conservation: City to include the use of water
saving toilets, low flow shower heads, aerators on all inside
faucets and pressure reducing valves set to maintain a maximum of
50 p . s . i . static pressure at the highest fixture within each
structure/camp site.
23. Claims: Any claim by City under or in connection with
this agreement shall be subject to the claims procedures set
forth in Title 8 of the Marin Municipal Water District Code.
24. Attorney's Fees: In the event of legal action by District
to collect any sums due from City hereunder, the prevailing party
shall be entitled to reasonable attorney's fees to be set by the
court.
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25. Time Limit: The agreement will be void if not signed by
and delivered to both parties within 90 days of this date.
Estimate is based on current prices. If costs should advance
before work is completed, District will require such additional
deposits as may be necessary.
GIVEN under our respective hands and seals the day and
year hereinabove first written.
ATTEST:
Ci k
City of San Rafael
MARIN MUNICIPAL WATER DISTRICT
By
?resident, Board of erectors
By
Secr ary, Vard of Directors
By
Vice Mayor
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CITY OF SAN RAFAEL