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HomeMy WebLinkAboutCC Resolution 6917 (Peacock Gap Impr District)RESOLUTION NO. 6917 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE SIGNING OF PIPELINE EXTENSION AGREEMENT NO. 1 (WATER MAIN FACILITIES AND APPURTENANCES) WITH MARIN MUNICIPAL WATER DISTRICT - PEACOCK GAP IMPROVEMENT DISTRICT, PEACOCK GAP UNIT 2A, SAN RAFAEL, CALIFORNIA 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, Pipeline Extension Agreement No. 1 with Marin Municipal Water District for installation of water main facilities and appurtenances in Peacock Gap Improvement District, Peacock Gap Unit 2A, 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 resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City held on the 4th day of September, 1984, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JE LEONCINI, City Clerk File No. 411.3 Assessment District Agreement 1 of 3 PIPELINE EKTENSION AGREEMENT (M.M.W.D. -- CITY OF SAN RAFAEL) PEACOCK GAP IMPROVEMENT DISTRICT PEACOCK GAP L'NIT 2A, SAN RAFAEL THIS AGREEMENT is made and entered into this 11th day of April, 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 Peacock Gap Unit 2A, San Rafael, California, as shown map furnished to District entitled, Peacock Gap Neighborhood 2A, by Murphy, Pulice, Associates, Scale 1" = 40', received March 20, 1984, 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 3900 feet of 12" pipe; 1425 feet of 8" pipe; 11- 6" fire hydrants; 43- 1" ser-v-ce connections; 2- 2" bullheads, and other facilties as set forth in plans prepared therefore. NOW, THEREFORE, the parties hereto do agree as follows: I. Installation Accbrding 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 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. se 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 performed by private contract to be let by City. 3. Estimate: The estimated cost of this work is: a. Intract Pipeline Installation ........ $323,785 b. Hydrant Installation ................. 22,968 c. Service Connections .................. 27,950 d. Bullhead Installation ................ 1,750 e. Connection Fee ....................... 191,096 TOTAL ................. $567,549 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, $567,549. City further agrees that, prior to the comrQencement 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. Intract Pipeline Materials ........... $132,160 b. Hydrant Materials .................... 14,718 c. Service Connection Materials ......... 10,750 d. Bullhead Materials ................... 750 e. Connection Fee ....................... 191,096 TOTAL ................. $349,474 City further agrees that said sum of $349,474 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. -2- 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, $54,512. 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— 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. -3- 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, its contractor 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. -4-- 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) , (b) , (c) , and (d) 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. 15. Acceptance 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 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 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. -5- 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. High Pressure: It is agreed and understood that service to Lots 1 thru 41 will be granted only under District's "High Pressure Application". 20. Non -Transferable: This agreement applies only to the parcel(s) of land ereinabove described and may not be transferred to any other parcel(s) 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. . 25. Service Connections: The individual service connections under this Agreement wil be granted under the District's rules and regulations in effect at the time service is requested. 26. Satisfaction of District: Whenever, in this Agreement the satisfaction of District must be met and District or its Board of Directors makes a determination in good faith of satisfaction or dissatisfaction, such determination shall be final and binding upon all parties hereto. GIVEN under our respective hands and seals the day and year hereinabove first written. ATTEST: City Clerk City of San Rafael APPROVED '&.S TO FORM: District Bond Counsel MARIN MUNICIPAL WATER DISTRICT By President, Board of Directors By ILL '�-L Secr ary, Board of Directors CITY OF SAN RAFAEL By Mayor W!