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HomeMy WebLinkAboutPW MMWD Sprinkler Fire Line Installation Fire Station 57M A R IN M U N IC IP A L W A T E R D IS T R IC T S P R IN K L E R F IR E LI N E A N D W A T E R S E R V IC E IN S T A L L A T IO N A G R EE M E N T T H IS A G R E E M E N T is m ade and entered into this 29th day of August 2018, by and betw een MARIN MUNICIPAL WATER DISTRICT, hereinafter called "District"; and, CITY OF SAN RAFAEL hereinafter called "Applicant"; and, BAY CITIES PAVING & GRADING, INC hereinafter called "Contractor", as fo llow s: WHEREAS, A pplicant has requested a fireline connection and two recycled water services to pro vide w ater service and fire protection to 3530 Civic Center Dr., San Rafa el (APN: 179-270-12). WHEREAS, District has determ ined that this request w ill require the installation of a 6-inch fir eline connection, 1-inch recycled service and 5/8-inch recycled service as per District's Standard Fireline Draw ing No. SD 0029, Standard M eter Connection Draw ings, and other fa cilities as set fo rth in plans prepared therefo r. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Installation According to District Plans and Specifications: The installation applied fo r and all w ork done in connection therew ith shall be done under the supervision of and to the satisfa ction of District, and shall be installed in accordance w ith detailed plans and specifications or supplem ental plans as they m ay be prepared from tim e to tim e therefo r by District. District shall have absolute discretion in determ ining the kind and quality of the w ork and m aterials. As the work pro gresses, District reserves and shall have the right to am end and adapt plans and specifications to m eet conditions as they develop. Any extra costs arising from any such revision of plans w ill be charged to and paid fo r by Applicant. 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. APPLICANT AGREES THAT ALL WORK SHALL BE DONE ACCORDING TO THE PROVISIONS OF THE STANDARD SPECIFICATIONS AND THAT APPLICANT OR HIS SUBCONTRACTORS, IS FULLY BOUND BY ALL PROVISIONS OF THE STANDARD SPECIFICATIONS. 2. Method of Performance of Work: W ork done under this agreem ent shall be perfo rm ed as hereinafter indicated: Item s of W ork: Fireline to be installed by . . . . . . . . . . . . . . A Service connections to be installed by. . . . . A M ethods of doing W ork: (A ) Private contract to be let by Applicant. 3. Estimated Cost of Work: The estim ated cost of the fa cilities applied fo r as determ ined by District is as fo llow s: Column 1: Column 2: Column 3: Materials, Estimated Fees, and Installation Charges Costs Total Installations & Relocations $4,552 $32,148 $36,700 District Labor $6,350 $6,350 District Equipm ent $2,096 $2,096 TOTAL $12.998 $32.148 $45.146 -1- \. 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. Financial Arrangements to Be Made by the Applicant shall consist of the following: Materials, Fees and Charges The Applicant shall pay to the District the total estimated cost of Materials, Fees and Charges set forth in Paragraph 3, Column 1, $12,998. Installation Costs Under Method A: Applicant agrees to hire a private contractor to install the facilities. The Applicant's contractor shall furnish a maintenance bond to the District in the amount of $8,037 guaranteeing the cost of maintaining, repairing, or replacing the facilities during the first two (2) years following completion of all facilities and acceptance by the District. The Contractor may substitute a check or certificate of deposit in a financial institution satisfactory to District in lieu of a maintenance bond, provided the certificate may be cashed by the District at any time at its option. In addition, the Contractor shall furnish the following insurance requirements: a. Workers' Compensation Insurance. b. Public Liability - combined single limit of not less than $1,000,000. c. Policy shall specifically name Marin Municipal Water District, its officers, officials, agents, employees and volunteers as an additional insured and shall provide that said coverage is primary to any insurance carried by the District. d. A policy statement indicating that there shall be not less than 60 days written notice prior to cancellation. 5. Delay or Failure to Complete: If the District determines that there has been undue delay in completion of any work to be performed, or a failure to complete the same within a reasonable time, it may demand that Applicant forthwith either complete all such work or pay to District the District's estimate of the entire amount required to complete all such work. District's determination upon the question of undue delay or failure to complete shall be final and binding upon Applicant. If Applicant fails to comply with said demand within a reasonable time, District may take possession of all parts oft he project and may complete it at the expense and for the account of Applicant. 6. Payment of Actual Costs: Upon completion of installation of the facilities, District will determine the actual amount of its costs and expenses thereby incurred. If the actual amount exceeds the estimate previously paid, Applicant will pay to District the amount of such excess promptly upon demand. If the actual amount is less than the estimate previously paid, District will, upon completion and acceptance of the facilities, credit any excess money to any account then owed by Applicant or refund it. District's determination of such costs and expenses shall be final and binding provided that such determination shall be made upon the basis of generally accepted accounting principles consistently applied and shall be free of arithmetical error. In the event a bond, escrow, or certificate of deposit is being held, it likewise will be released to Applicant upon acceptance of the work by District to the extent that it has not been used or required. 7. Right to Approve Contractor: District reserves the right to approve or disapprove of the contractor or forces to be used and no installation may be made except by those approved by District. -2- l • 8. Applicant's Responsibility: Applicant shall take all responsibility for work under this agreement; shall bear all cost or loss resulting to him 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 he 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 Applicant, his contractors or subcontractors, District, or third parties. Applicant 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 Applicant, his contractors or subcontractors, District, or third parties for failure to so provide in any contract let by Applicant. The Applicant is required to obtain all permits required by the City of San Rafael. 9. Prevailing Wages: Pursuant to Section 1770 et seq of the Labor Code of the State of California, the Contractor and all subcontractors under him shall pay not less than the prevailing wage rate. The Contractor shall forfeit to the District a penalty, $25 for each laborer, workman, or mechanic employed for each calendar day or portion thereof such laborer, workman, or mechanic is paid less than the prevailing wage rate for any work done under this contract by him or by any subcontractor under him. Contractor shall submit to the District completed certified payrolls on a weekly basis. 10. Furnishing of Materials: All materials except the above ground backflow assembly 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 Applicant at the time they are picked up from the District's Corporation Yard or Pipe Yard. Replacement cost will be based on the "moving average unit price" method employed by District. 11. Inspection by District: Under Method A, District shall provide an inspector to inspect the installation of facilities. The cost of inspection shall be charged against the job. No part of the facilities installed by Contractor shall be covered or obstructed until same has been inspected and approved by the District inspector. 12. Acceptance: District assumes no obligation as to the ownership of the facilities included in this agreement until such time as they are formally accepted. Applicant will be notified in writing of acceptance of the work 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 Applicant. 13. Title: Immediately upon acceptance, all right, title and interest in this installation and all other facilities herein mentioned shall vest in District; except that the above ground backflow assembly and all piping on the owner's side of the spool piece and bypass piping and fittings, shall be owned and maintained by the owner of the property served. Upon activation of the fireline connection, there will be a bimonthly standby charge in the amount of $148.73. Bimonthly service and watershed management charges of $81.78 and $46.57 will apply for 1-inch and 5/8-inch meters, respectively. These charges are reviewed periodically and are subject to change. -3- . . \ • I ,., 14. Dispute Resolution: Any dispute or claim in law or equity between District and Applicant or Contractor arising out of this agreement, if not resolved by informal negotiation between the parties, shall be mediated by referring it to the nearest office of Judicial Arbitration and Mediation Services, Inc. (JAMS) for mediation. Mediation shall consist of an informal, non-binding conference or conferences between the parties and the judge-mediator jointly, then in separate caucuses wherein the judge will seek to guide the parties to a resolution of the case. If the parties cannot agree to a mutually acceptable member from the JAMS panel of retired judges, a list and resumes of available mediators numbering one more than there are parties will be sent to the parties, each of whom will strike one name leaving the remaining name as the mediator. If more than one name remains, JAMS arbitrations administrator will choose a mediator from the remaining names. The mediation process shall continue until the case is resolved or until such time as the mediator makes a finding that there is no possibility of resolution. At the sole election of the District, any dispute or claim in law or equity between District and Applicant or Contractor arising out of this agreement which is not settled through mediation shall be decided by neutral binding arbitration and not by court action, except as provided by California law for judicial review of arbitration proceedings. The arbitration shall be conducted in accordance with the rules of Judicial Arbitration and Mediation Services, Inc. The parties to an arbitration may agree in writing to use different rules and/or arbitrators. 15. Attorney's Fees: In the event of legal action by District to collect any sums due from Applicant hereunder, the prevailing party shall be entitled to reasonable attorney's fees to be set by the court. 16. Interest on Unpaid Accounts: Any monies owed the District shall begin accruing interest sixty days after the first billing date. Said interest will be the rate District earns on its investments plus one percent, but shall in no event exceed 10% per annum. 17. Time of the essence: Time is of the essence. 18. Non-transferable: This agreement applies only to the installation described and may not be transferred to any other installation. APPLICANT: CITY OF SAN RAFAEL PO Box 151560 San Rafael, CA 94915 sv~b MichaelBan,P.., Manager Environmental and Engineering Services Division -4-