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HomeMy WebLinkAboutCC Resolution 6999 (El Camino Sanitary Sewer Replacement)RESOLUTION NO. 6999 RESOLUTION OF AWARD OF CONTRACT WHEREAS, on the 28th day of December , 19 84, pursuant to due and legal notice published in the manner provided by law, inviting sealed bids or proposals for the work hereinafter men- tioned, as more fully appears from the Affidavit of Publication thereof on file in the office of the City Clerk of the City of San Rafael, California, the City Clerk of said City did publicly open, examine and declare all sealed bids or proposals for doing the following work in said City, to wit: EL CAMINO AVENUE SANITARY SEWER REPLACEMENT, PROJECT NO. 19-19908000858 in accordance with the plans and specifications therefor on file in the office of said City Clerk; and WHEREAS, the bid of Whitmire & Sons at the ,,,,;t prices stated in its bid was and is the lowest and best bid for said work and said bidder is the lowest responsible bidder therefor; NOW, THEREFORE, IT IS OE—:FBY ORDERED ANU RESOLVED that tl,s bid of Whitmire & Sons be and the same is hereby a::cepted at said unit prices and that the contract for said work and improvements be and same is hereby awarded to said Whitmire & Sons at the unit prices mentioned in said bice; IT IS FURTHER ORDERED AND RESOLVED that any and all certified checks, cash, or bond accompanying the bids of unsuccessful bidders be forthwith returned to then respectively; IT IS FURTHER ORDERED AND RESOLVED that the City Engineer is hereby authorized to extend the time for completion of the contract as set forth herein upon showing of good cause by the Contractor; IT IS FURTHER ORDERED AND RESOLVED that the Mayor and the City Clerk of said City be authorized and directed to execute a con- tract with Whitmire & Sons for said work and to return the bidders bond upon the execution of said contract. 1. ORIGINAL RESOLUTION NO. 6999 I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a reaular meeting of the Council of said City on Mondav the 7th day of ,Taniiary 19 85 , by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None E�NNE M. LEONCINI, City Clerk -2- A G R E E M E N T THIS AGREEMENT, made and entered into this Seventh day of January , 1985, by and between the SAN RAFAEL SANI- TATION DISTRICT, hereinafter referred to as "District," and the CITY OF SAN RAFAEL, a municipal corporation of the State of California, hereinafter referred to as "City;" W I T N E S S E T H: 1. District is a County Sanitation District in the City of San Rafael, Marin County, California, duly formed and organized under the provisions of Section 4700 et seq of the Health and Safety Code of the State of California. 2. The public interest and convenience require the in- stallation by City, and maintenance, operation and use by District of the sewage pumpincrfacilities "for and within the Kerner Boulevard Assessment District, City of San Rafael, Marin County, California. It is proposed that said facilities be installed by City pursuant to special assessment proceedings under appropriate special assess- ment and assessment bond acts, and that after such installation, the ownership, maintenance and operation of two sanitary sewer pump stations within said system shall be under the management and con- trol of District. 3. Plans and specifications for said sanitary sewer pump stations have been prepared by Oberkamper & Associates, which said firm has been appointed Project Engineer in said proceedings. Said plans have been submitted to and approved by District Engineer. It is agreed that all of said work shall be installed in accordance with the plans and specifications approved by District Engineer as hereinhefore referred to, and that said plans and specifications are hereby approved by District. No changes in said plans and spe- cifications may be made without the prior written consent of Dis- trict. 4. It is agreed that the construction of the pump stations herein provided shall be accomplished through an assessment district and that City shall pay to District from funds raised in the assess- ment district all fees and charges to be paid pursuant to this agree- ment. The estimated construction cost of said pump stations is $149,200.00, of which the amount payable to District is $ -0- and the estimated amount of the fees and charges payable directly to District is $ -0- . 5. District may at all times maintain an inspector over the work of installation of the pump stations to see that plans and specifications have been complied with, and the City and its engineers shall cooperate with the District.!s inspector, or inspec- tors, in the duties incident to design or construction. After com- pletion and acceptance of the work, City will cooperate with District in the enforcement of any guarantee made by the contractor in contractor's agreement to perform the work. 6. Any rights of way or interests in real property on which the pump stations are located shall vest in District. All other interests in real property shall be owned by the City. 7. After the work has been completed to the satisfaction of District and District has furnished to City written notice of 7 its acceptance, the sanitary sewer pump stations so installed shall be the property of District and part of its system, and thereafter District may make extensions therefrom and install connections thereto at any point or points thereon. They shall be operated, maintained and managed by District as part of such system under the rules and regulations and subject to the rates and charges of Dis- trict from time to time established. 8. District shall not be obligated to extend, without charge, its mains and facilities within the boundaries of the assessment district, and any future extension of mains, facilities and appurtenances shall be under the rules and regulations and sub- ject to the rates and charges from time to time established by District. 9. 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 be paid District and, 4 also, to pay all costs and expenses of said proceedings. It is agreed that City is signing this agreement solely as agent and trustee for the property owners within the area described in the agreement; that it is assuming no direct liability for payment of said money or the expenses of 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 3 parties that City cannot pledge itself in advance that said special assessment proceedings will give the City jurisdiction to confirm the assessment and that all terms and provisions of this agreement are subject to said special assessment proceedings being consum- mated. 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. ATTEST: Secretary ATTEST: A tiky Clerk SAN RAFAEL SANITATION DISTRICT ByP Chairman ' CITY OF SAN RAFAEL, a municipal corporation of the State of California B2 Mayor / 4