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HomeMy WebLinkAboutReso - CC - 057-1980I RESOLUTION NO. 57 - 80 AUTHORIZING EXECUTION OF COST SHARING AGREEMENT 1133 DOUGLAS RESOLVED, by the CITY COUNCIL of the City of Burlingame California, and this Council does hereby FIND, ORDER AND DETER- MINE as follows: 1. The public interest and convenience require execu- tion of the agreement cited in the title above. 2. The City Manager be, and he is hereby, authorized to sign said agreement for and on behalf of the City of Burlingame. 3. The City Clerk is hereby ordered and instructed to attest such signature, ayor I, EVELYN H. HILL, City Clerk of the City of Burlingame, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 15th day of September , 1980, and was adopted thereafter by the following vote: AYES: COUNCILMEN: Amstrup-Barton-Crosby-Mangini-Martin NOES: { ABSENT: COUNCILMEN: None COUNCILMEN: None ✓ 7/ I/_ City Clerk COST SHARING AGREEMENT 1133 DOUGLAS THIS AGREEMENT, entered into this 15th day of September, 1980, by and between the CITY OF BURLINGAME, hereinafter referred to as "City," and 1133 DOUGLAS ASSOCIATES, a limited partnership, S. LOGAN OWENS, JR., General Partner, hereinafter referred to as "Associates," W I T N E S S E T H: WHEREAS, Associates is the owner of certain property fronting upon Douglas Avenue in Burlingame; and WHEREAS, it is the desire of City to participate with Associates in the construction of a new water main to serve the property at 1133 Douglas Avenue, Burlingame, and others abutting the main, thereby providing adequate water supply to serve the proposed development of Associates; and WHEREAS, Associates is the owner of the following properties located on Douglas Avenue: and 1133 Douglas Avenue; Assessor's Parcels Nos. 029-133-030 and 029-133-040; WHEREAS, Associates desires to construct its project as soon as possible, and said project's fire protection demands exceed the capacity of the existing water main; and WHEREAS, City cannot provide design engineering services within the construction schedule of Associates; and WHEREAS, Associates desires to record the Final Parcel Map for the division of a portion of Lots 4, 6 and 7, Block 4, 9/3/80 1 9/10/80 "Map No. 2 of the Property of the Burlingame Land Co." filed in Map Book 3 at page 22, prior to installation of the new water main; and WHEREAS, it is the desire of the parties to contri- bute to the total costs to install the new water main as hereinafter set forth; NOW. THEREFORE, it is AGREED by the parties hereto as follows: 1. Associates or their contractors or agents will prepare plans and specifications for the construction of a water main to be placed in Douglas Avenue from Primrose Road to the northerly line of the project site; said plans and specifications shall be approved by the City Engineer. Associates or their contractors or agents will construct and complete said water main as a part of building improvements taking place upon said property and prior to issuance of a building occupancy permit. Associates shall obtain a minimum of three bids for the construc- tion and installation of the water main improvements as set forth in the approved plans and specifications. Associates shall accept only such bid as may be approved by the Director of Public Works of City. The Director of Public Works shall have the right to reject all bids. 2. Associates shall file with the City, along with this agreement, cash, surety bond, or other security approved by City in a sum equal to the estimated cost of said improvements, including contingencies and engineering, as estimated by the City Engineer and amounting to the sum of thirty thousand dollars ($30,000.00) as surety for the faithful performance of the terms of this agreement. 3. It is agreed that City shall pay one hundred percent (100%) of the construction costs and Associates shall 2 pay all engineering costs and costs related to preparation of plans, specifications, estimates and soliciting and receiving bids and awarding the contract. City shall pay all of the con- struction costs upon submission of monthly bills by Associates and approval by the Director of Public Works. "Construction" shall include, but shall not be limited to materials, installation, inspection, compaction testing, and any work incidental to the construction of the main and replace- ment of existing water connections. Any new water connection costs for Associates' project shall be paid by Associates. 4. Associates, and any persons awarded the contract for the construction of the improvements, shall be an independent contractor and shall not under any circumstances be deemed to be the agent or servant of City or any other party to this agreement. 5. Upon completion of construction, and inspection, and acceptance the the City, Associates shall furnish a one (1) year maintenance bond in favor of the City in the amount of ten percent (10%) of the construction costs of the water line. After the expira- tion of said one (1) year maintenance period. Associates shall be released and relieved by City from all further responsibility for maintenance, repair or replacement of said improvements, and City shall assume all further responsibility therefor, and shall defend and indemnify Associates from all claims or liability arising thereafter related to design and/or construction of the water line improvements. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year above written. CITY OF BURLINGAME, a mu . . al corporation By City Nafidger ATTEST: / V ty Clerk 1133 DOUGLAS ASSOCIATES, a limited partnership By S. LoTgan Owens, Jr. General Partner 3