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HomeMy WebLinkAboutCC Resolution 4374RESOLUTION NO. 4374 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE MARIN MUNICIPAL WATER DISTRICT AND THE CITY OF SA14 RAFAEL IN CONNECTION WITH BAHIA DE RAFAEL INDUSTRIAL PARK ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA BE IT RESOLVED by the City Council of the City of San Rafael, Marin County, California, that the Mayor of the City of San Rafael be authorized to sign, and the City Clerk be authorized to attest, that certain agreement between the City of San Rafael and the Marin Municipal Water District, which said agreement is attached hereto. I HEREBY CERTIFY that the foregoing resolution was duly and regularly adopted by the City Council of the City of San Rafael, Marin County, California, at a regular meeting thereof, held on the 5th day of February, 1973, by the following vote, to wit: AYES: Councilmen Jensen, Miskimen, Mulryan and Mayor Bettini NOES: Councilmen None ABSENT: Councilmen None MARION A. GRADY, City Clerk, City of San Rafael, Marin County, California ��jj s._;s'F b; Aiwa File No. 411.3 Assessment District PIPELINE EXTENSION AGREEMENT ( M. M. W. D. - CITY OF SAN RAFAEL ) BAHIA DE RAFAEL INDUSTRIAL PARK ASSESSMENT DISTRICT SAN RAFAEL, CALIFORNIA THIS AGREEMENT, made and entered into this 10th day of January 1973, by and between MARIN MUNICIPAL WATER DISTRICT, hereinafter called "District", and City of San Rafael, hereinafter called "City". W I T N E S S E T H WHEREAS, City has instituted proceedings pursuant to the provisions of the Municipal Improvement Act of 1913 for the constriction of improvements in Bahia de Rafael Industrial Park Assessment District, San Rafael, Marin County, California, which said assessment district boundaries are shown on a map furnished to District entitled, "Tentative Map of Bahia de Rafael Industrial Park, by Gonzalez and Oberkamper Civil Engineers Inc., San Rafael, California, dated February 1972, Scale I" = 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 deternnined that service to said Industrial Park will require the installation of 3800 feet of 12" pipe, 350 feet of 8" pipe, 12-6" fire hydrants, 39-2" bullheads, and other facilities as set forth in plans prepared therefore. NOW, THEREFORE, the parties hereto do agree as follows: 1. It is agreed and understood that service to each individual lot will be granted only under District's "High Pressure Application" at the time the applicant for service to each lot pays the required service installation and connection fees. �y D 2. Installation According to District Plans: The work and improvements herein involved 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, and District shall have absolute discretion in determining the kind and quality of the work and materials. As the work progresses, the 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 against the job. ATTENTION IS CALLED TO THE STANDARD SPECIFICATIONS OF THE DISTRICT, WHICH ARE REFERRED TO AND ARE INCORPORATED HEREIN BY REFERENCE, AS THOUGH SET FORTH AT LENGTH. THE APPLICANT AND HIS CONTRACTOR AGREE THAT ALL WORK SHALL BE DONE ACCORDING TO THE PROVISIONS OF THE STANDARD SPECIFICATIONS AND THAT THE APPLICANT AND HIS CONTRACTOR OR SUBCONTRACTORS, ARE FULLY BOUND TO ALL PROVISIONS OF THE STANDARD SPECIFICATIONS. 3. Cost Estimate: The estimated cost of this work is: a. Pipeline Installation $ 67,719.00 b. Hydrant Installation 11,844.00 C. Bullhead Installation. 10,286.00 d. Storage Charge 11,610.00 TOTAL $101,459.00 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, $101,459.00. City further agrees that, prior to the commencement of any work under any contract let for the work and improvements un said assessment district, City will pay to District out of proceeds of assessments levied and bonds issued the following sums of money: Pipeline Materials Hydrant Materials Bullhead Materials Storage Charge TOTAL $33,385.00 9,444.00 4,43 6.00 11,610.00 $58,875.00 City further agrees that said sum of $58,875.00 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. Refunds: 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. Applicant's Responsibility: The City shall take all responsibility for work under this agreement; shall bear all loss resulting to them or to the 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, floods, unforeseen difficulties, accidents, or any other causes; and the City shall assume the defense of, and indemnify and save harmless the District and its officers and agents, from all claims of any kind arising from the performance of work under this agreement, including claims for personal injury or death, claims for damage to property, and claims for loss of business, and including all such claims as may be presented or asserted by officers or employees of the City, its contractor or subcontractors, officers or employees of the District, officers or employees of the contractor or subcontractors and third parties. The City agrees to provide in any contract or agreement entered into with any other party- for the performance of work under this agreement, that all work be done pursuant to the terins of the Standard Specifications of the District, and to indemnify and save harmless the District and its officers and agents from all claims of any kind arising front performance of this agreement, including claims for personal 'injury and death, claims for damages to property and claims for loss of business, and including all such claims that may be presented or asctrted by officers or employees of the City, its contractor or subcontractors, officers or employees of the District, officers or employees of the contractor or subcontractors, and third parties for failure to so provide. in any contract it lets. The 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 the District's insurance and specifically naming the District as an additional insured. Before work is commenced, the contractor shall furnish the District with a certificate of insurance as satisfactory proof that he carries Work -men's Compensation Insurance andpublic liability insurance in compliance with the requirements set forth in the Standard Specifications. 3. 7. 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, $10,646.00. The bond shall be delivered to the District before work on the extension begins. The above requirements are as set forth in Paragraph 1-13 and 1-14, Section 1 of the District's Technical Specification for the work. 8. Final Accounting: All material will be supplied by District at District's Yard at Greenbrae or Corte Madera 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 benfit of the lower costs, and if the actual costs are higher than the estimated costs, City will pay out of the proceeds of assessments levied and bonds issued, the deficit to the District when final costs are determined. 9. Grading 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, required for the installation, operation and maintenance of the facilities, are furnished. The determination of District as to requirements of these matters shall be final. 10. Inspection: District shall provide an inspector to supervise the installation of facilities. The cost of inspection shall be charged against the job, and unless otherwise itemized, will be included in the cost of engineering and will be payable by City out of the proceeds of assessments levied and bonds issued as a cost item. 11. No Refunds: No refunds will be made from the sale of water from this extension. 12. - Fire Hydrants: All fire hydrants will be turned over to the City of San Rafael Fire Department, to be operated and maintained by it the same as other hydrants in the area. 4. 13. Acceptance for Maintenance: District assumes no obligation 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. 14. Ownership of System: This agreement shall become effective after proceedings have been taken pursuant to the provisions of the Municipal Improvement Act of 1913 and fiends 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. 15. 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 9 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 jurisdiction 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 .fiends. 16. ' 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: a. ' This contract shall have been performed in its entirety by City and the facilities shall have been accepted by District; and b. All precedent and connected contracts between the parties relating to off tract transmission mains and other facilities shall have been performed in full by City. 4 17. Ninety Day Time Limit: The agreement will be void if not signed by and delivered to both parties within ninety days of this date. Estimate is based on current prices. If costs should advance before work is commenced, District will .require such additional deposits as may be necessary. 18. • Cancellation of Previous Agreement: It is also agreed and understood that upon approval of this Pipeline Extension Agreement by the City of San Rafael and upon receipt of the cash deposit referred to in Paragraph 4, the Pipeline Extension Agreement between the Marin Municipal Water District and McKeon Construction dated July 26, 1972 shall become null and void and all deposits made as per the terms of that agreement shall be refunded to McKeon Construction. GIVEN under our repective hands and seals the day and year hereinabove first written. MARIN MUNICIPAL WATER DISTRICT C� President of the Board of_Diiectors By Secretary of the Board of Directors "DISTRICT" CITY OF SAN RAFAEL 13y Mayor ATTEST: �6� ?mac°! c� � • �i� c� City Clerk City of San Rafael (SEAL) "CITY"