HomeMy WebLinkAboutCC Resolution 6799 (Kerner Blvd Assessment District)RESOLUTION NO. 6799
RESOLUTION APPROVING AGREEMENT WITH
MARIN MUNICIPAL WATER DISTRICT
KERNER BOULEVARD ASSESSMENT DISTRICT
The City Council of the City of San Rafael resolves:
As a part of the proceedings for improvements in the
Kerner Boulevard Assessment District, this Council approves that
certain agreement between the CITY OF SAN RAFAEL and the MARIN
MUNICIPAL WATER DISTRICT, dated January 11, 1984, and attached to
this resolution.
The Mayor is authorized to sign the agreement and the City
Clerk is authorized to attest its execution.
I, JEANNE M. LEONCINI, 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 7th day of May, 1984, by the
following vote, to wit:
AYES: COUNCILMEMBERS: Frugoli, Nave, Russom and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner
J M. LEONCI I, City Clerk
ORIGINAL
File No. 411.3
Assessment District
PIPELINE EXTENSION AGREEMENT
(M.M.W.D. -- CITY OF SAN RAFAEL)
KERNER BOULEVARD ASSESSMENT DISTRICT
SAN RAFAEL, CALIFORNIA
THIS AGREEMENT is made and entered into this 11th day of
January, 1984, 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 the Kerner Boulevard Assessment
District, San Rafael, California, which said assessment district
boundaries are shown on a map furnished to District entitled,
"Assessment Diagram of Kerner Boulevard Assessment District, City
of San Rafael, Marin County, California, by Oberkamper &
Associates, Civil Engineers, Inc., Scale 1" = 100'"; 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 be 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 2,175 feet
of 12" pipe, 775 feet of 8" pipe and 8 - 6" fire- hydrants, and
other facilties 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 pipe ine 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 be 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 be charged to and paid for by City.
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: Work done under this
agreement shall be per ormed y private contract to be let by
City.
3. Estimate: The estimated cost of this work is:
a. Pipeline Installation......... $203,437
b. Hydrant Installation .................. 19,210
TOTAL .................. $222,647
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, $222,647. 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 .................... $81,106
c. Hydrant Materials ..................... 12,310
TOTAL .................. $93,416
City fur. Cher igrecs th�it sni.d sum of ' 93,416 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.
SRI
5. Refund of Deposit: Upon completion of work and acceptance
by District, any excess monies being held by District for
materials will be 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 provide a surety bond in the amount of 25% of the
estimated labor contract price, to wit, $32,308. The bond shall
be 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 -Way: No pipelines or other facilities
shall be installed until roadways are completed to subgrade,
curbs and gutters are installed, and until all necessary and
suitable 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 be 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 o any pavement which may be 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.
12. City's Responsibility: City shall take all responsibility
for work under this agreement; shall bear 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 agreement, 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,
itscontractor or subcontractors, District, or third parties.
City agrees to provide in any contract entered into 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 be 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 $1,000,000 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 allowance for overhead. Risk of loss of, or
damage to materials shall pass to City at the time and place of
delivery. Replacement cost will be based on the "moving average
unit price" method employed by District.
14. Inspection by District: District shall provide an
inspector to inspect the installation of facilities. The cost of
inspection shall be charged against the job and is included under
items (a), and (b), of Paragraph 4. No part of the facilities
installed by City shall be covered or obstructed until same has
been inspected and approved by the District inspector.
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15. Acceptant -e and Maintenance: District assumes no obliga-
tion as to maintenance of the facilities 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 be 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 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 be 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 is 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 subject 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.
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 be construed as an agreement or undertaking on the
part of District to serve any area or person unless and until
this contract shall have been performed in its entirety by
City and the facilities shall have been accepted by District.
19. Service Laterals: The facilities covered under this
Agreement do not include domestic service laterals nor sprinkler
fireline laterals. These items will be installed on an individual
basis when the location and size has been determined and upon
execution of an application for service and payment for
materials, labor, connection, buy -in and storage charges.
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20. Non -Transferable: This agreement applies only to the
parcels of land hereinabove described and may not be transferred
to any other parcels of land.
21. 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.
22. 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.
23. 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.
24. 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.
MARIAN MUNICIPAL WATER DISTRICT
By
President, o- ar7& o' Directors
By
Secretary, Board of Directors
CITY GF SAN RAFAEL
B y
Mayor
ATTEST:
City Clerk
City of San Rafael
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