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HomeMy WebLinkAboutCC RESO 15,387RESOLUTION NO. 15,387 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT TO IMPROVE Wirsatat FACILITIES IN "I" AVENUE DISTRICT 227 BE IT RESOLVED by the City Council of the City of National City, California, that the Mayor is hereby authorized to execute on behalf of the City and the City Clerk to attest, an Agreement to improve water facilities in "I" Avenue, District 227. PASSED and ADOPTED this llth of August, 1987. ATTEST: Io Campbell, Citylerk APPROVED AS TO FORM: orge Waters, Mayor AGREEMENT TO IMPROVE DEVELOPMENT -WATER FACILITIES THIS AGREEMENT is made and entered into this day of , 19, by and between SWEETWATER AUTHORITY, hereinafter called Authority, and CITY OF NATIONAL CITY PROJECT: "I" AVE. MAIN INSTALLATION 1243 NATIONAL CITY BLVD. ASSESSMENT DISTRICT 227 NATIONAL CITY, CA. 92050-4397 (Owner's Name and Address) hereinafter called Owner. A. In the near future, Owner desires to install a water main or mains and appurtenances to service his property. B. Authority will own and operate such facilities, if constructed in the manner set forth herein. C. The parties desire, by this Agreement, to provide for the construction and completion of such facilities. NOW, THEREFORE, it is agreed: 1. Owner hereby agrees, at his own cost and expense, to furnish all labor, equipment, and material to perform and complete, and within 365 days from the date of this agreement by Authority, to perform and complete in a good, workmanlike manner, according to the plans attached hereto and made a part of this Agreement, and in accordance with other special conditions noted- in Exhibit "B" on file at the office of Authority and any other plans or specifications referred to in this Agreement, the following subdivision improvements: Water facilities as shown on the attached plans and in accordance with Authority's Standard Specifications and any other plans or specifications referred to by this Agreement or referred to in the attachments. (Exhibit "A"; Exhibit "B"; Faithful Performance Bond, Laborers and Material Men Bond, and/or Instrument of Credit, Set Aside Letter; and Certificate of Insurance; etc.). 2. Owner agrees that the work shall be done by a Class "A" or "C-34" licensed contractor, and that the work shall be subject to inspection by and to the satisfaction of Authority and the improvement shall not be deemed complete until approved and accepted in writing by Authority. The estimated cost of said water facilities is the sum of THIRTY-FIVE THOUSAND, ONE -HUNDRED THIRTY-FIVE DOLLARS AND 00/100 CENTS ($35,135.00) Owner's obligation under this Agreement extends to the completion of the improvements, as hereinabove set forth, and is not limited by the amount of the cost estimate. Owner further agrees that the cost estimate is an estimate only, not intended to constitute liquidated damages or a limitation on the obligations of Owner. Authority shall be allowed to inspect the facilities during all stages of construction. Authority shall be notified a minimum of 48 hours prior to the commencement of Page 1 of 5 6/87 construction. The work shall be considered comDiete when the Owner has fulfilled all requirements of the approved plan and specifications. A Notice of Completion would then be filed with the County Recorder by the Authority. The work will be accepted upon completion of work as set forth herein and upon expiration of the lien period after date of recordation of the Notice of Completion. The facilities will then be considered as donated to the Authority and shall be owned and operated by Authority. Authority will not accept the facilities unless they are free of mechanic's liens. Owner shall furnish to Authority satisfactory proof (ordinarily in the form of a title company report) that no liens were filed against the project prior to the expiration of the lien period. 3. Monuments and stakes previously installed which are removed, altered, or destroyed prior to the completion of the improvements and their acceptance by Authority shall be installed by Owner within 30 days after such acceptance by Authority. 4. Owner shall pay to Authority, upon execution of 'his Agreement, and prior to commencement of any work hereunder, the amount of the cash deposit set forth in Exhibit "B" for engineering, inspection and purification fees, compaction tests costs, and for other Authority work and special charges. 5. Owner shall obtain, at his expense, all necessary permits required by County, State or other public agencies in connection with the construction of the water facilities. 6. The water facilities constructed by Owner shall be connected by Owner to the existing water lines of Authority in a manner approved by Authority. If water facilities are constructed in private streets, the streets shall be curbed and/or constructed such that no damage to paving, structures or landscaping will result from full flow fire hydrant testing or from failure of Authority water facilities. Filing of a Notice of Completion shall not be accomplished until the following requirements have been complied with: a) All work has been completed in accordance with the plans and specifications, all gate wells have been set flush with the street surface, and meter boxes set to finish grade; b) A set of original plans (sepia prints), corrected to conform with the work as constructed, has been submitted to the Authority. 7. The water facilities shall be operated by Authority in accordance with the rules and regulations of Authority. Meter costs are not included in the estimated cost of water facilities and shall be paid by Owner, or individual property owners requesting service, in accordance with Authority's rate schedule, as it from time to time exists. Water for Page 2 of 5 6/87 construction purposes will be provided in accordance with Authority's Rates and Rules and Standard Practices. 8. Authority shall not, nor shall any officer or employee of Authority, be liable or responsible for any accident, loss or damage happening or occurring to the work or improvements specified in this Agreement prior to the completion and acceptance of the same, nor shall Authority, nor any officer or employee of Authority, be liable for any persons or property injured by reason of said work or improvements, but all of said liabilities shall be assumed by Owner, who agrees to indemnify and save harmless Authority and the officers and employees of Authority from and against any and all claims, demands, losses, costs, and causes of action of any nature, and any expense incident to defense thereof (including attorney's fees), for injury to or death of persons or damage to property arising out of the construction of the water facilities. Owner further agrees to protect Authority and the officers and employees of Authority from all liability or claims because of, or arising out of, the use of any patent or patented article in the construction of said improvements. The Owner shall cause the contras :or to file with the Authority "Certificates of Insurance" indicating_ that the following coverage is in effect: a) Worker's Compensation in limits of not less than $500,000.00. b) Comprehensive Public Liability Insurance (General and Automobile) with limits of not less than $500,000.00 each person, $1,000,000.00 each occurrence for Bodily Injury and $100,000.00 each occurrence for Property Damage; or in the alternate, a Combined Single Limit (Bodily Injury and/or Property Damage) in the amount of not less than $500,000.00 each occurrence. c) Umbrella and/or Excess Liability Insurance in limits not less than $1,000,000.00 for a combined single limit. d) Unemployment Insurance: Contractor hereby agrees to accept exclusive liability for, and shall hold the Authority harmless from, all payroll taxes for contributions for unemployment insurance of old age pensions, or annuities, measured by wages, salaries or other renumeration paid to employees of said Contractor. 9. Authority shall not, nor shall any officer or employee of Authority, be liable for any portion of the expense of the aforesaid work or for the payment of any labor or materials furnished in connection therewith. 10. Owner shall provide the Authority, at the time of submitting this Agreement for approval by Authority, a copy of the following improvement securities: a) A good and sufficient bond in an amount of less than the estimated cost (100%) of said work and improvements as above specified for the "Faithful Performance" of the terms and conditions of this Agreement, and Page 3 of 5 6/87 b) A good and sufficient bond in an amount not less than fifty percent (50%) of the estimated cost of said work and --improvements as above specified securing payment to the contractor, his subcontractors and to persons renting equipment or furnishing labor or materials to them for the improvement, "Laborers and Material Men"; said bond shall contain the provisions set forth in Section 3247 of the California Civil Code and shall inure to the benefit of those persons referred to therein. Should the sureties on either of said bonds become insufficient, Owner agrees to renew said bond or bonds with good and sufficient sureties within ten days after receiving notice that said sureties are insufficient. 11. In lieu of filing the bond, as referred to in Paragraph (a) of Section 11, Owner may furnish other improvement security in accordance with Authority Standard Practices. Said improvement security shall be in the same amount and for the same purposes as the bond, as above specified, and in a form satisfactory to Authority. 12. Authority may make such changes, alterations, or ac.''tions to the plans and specifications attached hereto which do not exceed ten percent (10%) of the original estimated cost of the improvement as may be determined necessary and desirable by Authority for the proper completion of the said work and improvements and no such changes, alterations, or additions shall relieve the surety or sureties on any bond given for the faithful performance of this Agreement. 13. In the event it is deemed necessary to extend the time of completion of the work contemplated to be done under this Agreement, said extension may be granted by Authority and shall in no way affect the validity of this Agreement or release the surety or sureties on any bond given for the faithful performance of this Agreement. 14. Owner shall, and hereby does, guarantee all work for a period of one year after date the Authority files a Notice of Completion with the County Recorder, and shall repair or replace any and all such work, together with any other work which may be displaced in so doing, that may prove defective in workmanship and/or materials within a one-year period from date of filing of a Notice of Completion by •Authority without expense whatsoever to Authority, ordinary wear and tear, unusual abuse or neglect excepted. Authority will give notice of observed defects with reasonable promptness. Owner shall notify Authority upon completion of repairs. In the event of an emergency, Authority may make the repairs and Owner shall be liable for all expenses incurred. In the event Owner fails to comply with Authority's request for correction within one week after being notified in writing by Authority, Authority is hereby authorized to proceed to have the defects repaired and make good at the expense of Owner, who hereby agrees to pay the cost and charges therefor, immediately upon demand. In the event Authority elects to repair the defective work, such action by Authority will not relieve Owner of the guarantees provided in this paragraph. Page 4 of 5 6/87 15. The plans provided for in this contract conform to the current standards of the Sweetwater Authority. The developer will be required to conform to the standards applicable on the date upon which construction is commenced on the development if construction is not commenced within six months of the date of the execution hereof by the Sweetwater Authority. 16. Owner shall not release the Faithful Performance Bond or the Labor and Material Bond as submitted by the Owner's Contractor until written notification of proper completion and acceptances of the water facility improvements by the Authority. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day first above written. SWEETWATER AUTHORITY CITY OF NATIONAL CITY By Al R. Sorensen, 0:erations Manager By /CC-p er 1a , George-H. Waters, Mayor Date: Date: Attest: Page 5 of 5 <,-Qz > vj i q s'7 NAG:IMPDEV C/07 EX15Y. F.N. Ex'sT (4,1I A.C. 24 TH ST EXIST. G"A.C. N911.V,9(P- PROPOSED t3" A.G. MA114 CXTG14S1o1J 2 ' L . F.) H ROTE: BEFORE SERVING THIS AREA, SEE REIMBURSEMENT AGREEMENT IN ACCOUNTING DEPT. (FONT, INC.) • .. 12.1.0 TN SCALE : I 100 K' 5690 PROP. La" F. H\ r N! 6659 PPOP NOU E T`fP. ,'/fr Kt ?%I. St 1475 Q N u-) re) r0 33513 N re) J 3 514 rn L. 6 A.C. ii '. .0.1IG31 SWEETWATER AUTHORITY - EXHIBIT 'A' REVISIONS DRAWN BY No. DATE: 1I z 31 0 DATE: SCALE ' _1__1_'--frt-, o APPROVED BY: T. hJ 1A A,I r.l PEPLA Mc N'T` DRAWING No. _L of 1 EXHIBIT "B" Project Name: "I" AVENUE MAIN INSTALLATION ASSESSMENT DISTRICT 227 Date: JULY 28, 198/ 1. THE OWNER/DEVELOPER TO PROVIDE FOR T'E INSTALLATION OF THE BELOW LISTED WATER FACILITIES. 2. NO FACILITIES WILL BE INSTALLED PRIOR TO THE EXECUTION OF AGREEMENT TO IMPROVE DEVELOPMENT WATER FACILITIES. 3. NO FACILITIES WILL BE INSTALLED PRIOR TO THE ACCEPTANCE BY THE AUTHORITY OF THE A) BOND FORMS AND B) CERTIFICATE OF INSURANCE (SEE ATTACHMENTS). 4. OWNER TO PROVIDE FOR COMPACTION TESTING AND STAKING 'ER REQUIREMENTS OF SWEETWATER AUTHORITY. 5. OWNER TO PROVIDE FOR CONSTRUCTION STAKING AND SURVEYING FOR THE PROPOSED WATER FACILITIES. 6. CITY OF NATIONAL CITY TO INSTALL THE WATER FACILITIES LISTED IN PARA. 7. 7. INSTALLATIONS: A) 295 L.F. - 8" ACP, CL. 150 AND APPURTENANCES B) 1 - 6" FIRE HYDRANT C) 5 - 1" WATER SERVICES D) E) F) $ 15,635.00 $ 7,000.00 $ 12,500.00 TOTAL ESTIMATE $ 35,135.00 8. FINAL DETAIL DESIGN...PLANS & SPECIFICATIONS: 9. METER FEES: A) TO BE PAID UPON APPLICATION 10. STORAGE ASSESSMENT (FEES): A) TO BE PAID UPON APPLICATION $ 1,500.00 * $ -0- TOTAL METER FEES $ -0- 11. INSPECTION & CONNECTION * $ -0- TOTAL ASSESSMENT $ -0- (EST. DEP.) $ 2,000.00 * *TOTAL ESTIMATED DEPOSITS & FEES $ 3,500.00 12. THE ABOVE FIGURES FOR DEPOSITS ARE ESTIMATES ONLY AND MAY VARY ACCORDINGLY. UPON COMPLETION OF INSTALLATION, COST WILL BE COMPUTED AND BILLING OR REFUND WILL BE ISSUED TO YOUR FIRM. Page 1 of 2 EXHIBIT "B" - CONTINUED "I" AVENUE MAIN INSTALLATION ASSESSMENT DISTRICT 227 JULY 28, 1987 13. IN THE EVENT 90-DAY PERIOD ELAPSES FROM DATE OF EXHIBIT ESTIMATED DEPOSITS AND FEES MUST BE REVISED AND ARE CONDITION OF AGREEMENT WITH THE SWEETWATER AUTHORITY. 14. CONTRACTOR RESPONSIBLE FOR CONSUMER SIDE CONNECTION OF METERS. THE AUTHORITY SHALL FURNISH CONSUMER BALL VALVES AS ************ ACCEPTANCE SWEETWATER AUTHORITY CITY OF NATIONAL CITY By: , THE AB+'T SUBJECT TO fJE PROPOSED PROJECT PART OF ITEM 9. AL R. SORENSEN, OPERATIONS MANAGER By:GEORGE FP: WATERS, MA 0 Date: Date: N:EXHB Page 2 of 2 AGREEMENT TO IMPROVE DEVELOPMENT -WATER FACILITIES THIS AGREEMENT is made and entered into this day of by and between SWEETWATER AUTHORITY, hera :after called Authority, CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD. NATIONAL CITY, CA. 92050-4397 PROJECT: "I" AVE. MAIN INSTALLATION ASSESSMENT DISTRICT 227 (owner's Name and Address) hereinafter called Owner. A. In the near future, Owner desires to install a water main or mains and appurtenances to service his property. B. Authority will own and operate such facilities, if constructed in the manner set forth herein. C. The parties desire, by this Agreement, to provide for the construction and completion of such facilities. NOW, THEREFORE, it is agreed: 1. Owner hereby agrees, at his own cost and expense, to furnish all labor, equipment, and material to perform and complete, and within 365 days from the date of this agreement by Authority, to perform and complete in a good, workmanlike manner, according to the plans attached hereto and made a part of this Agreement, and accordance with other special conditions noted in Exhibit "B" on file at the office of Authority and any other plans or specifications referred to in this Agreement, the following subdivision improvements: Water facilities as shown on the attached plans and in accordance with Authority's Standard Specifications and any other plans or specifications referred to by this Agreement or referred to in the attachments. (Exhibit "A"; Exhibit 11 B't . Faithful Performance Bond, Laborers and Material Men Bond, and/or Instrument of Credi', Set Aside Letter; and Certificate of Insurance; etc.) 2. Owner agrees that the work shall be done by a Class "A" or "C-34" licensed contractor, and that the work shall be subject to inspection by and to the satisfaction of Authority and the improvement shall not be deemed complete until approved and accepted in writing by Authority. The estimated cost of said water facilities is the sum of THIRTY-FIVE THOUSAND, ONE -HUNDRED THIRTY-FIVE DOLLARS AND 00/100 CENTS ($35,135.00) Owner's obligation under this Agreement extends to the completion of the improvements, as hereinabove set forth, and is not limited by the amount of the cost estimate. Owner further agrees that the cost estimate is an estimate only, not intended to constitute liquidated damages or a limitation on the obligations of Owner. Authority shall be allowed to inspect the facilities during all stages of construction. Authority shall be notified a minimum of 48 hours prior to the commencement of Page 1 of 5 6/87 construction. The work shall be considered complete when the Owner ha fulfilled all requirements of the approved Ilan and specifications. Notice of Completion would then be filed with th, unty Recorder by the Authority. The work will be accepted upon completion of '--k as set forth herein and upon expiration of the lien period:er date of recordation of the Notice of Completion. The facilities will then be considered as donated to the Authority and shall be owned and operated by Authority. Authority will not accept the facilities unless they are free of mechanic's liens. Owner shall furnish to Authority satisfactory proof (ordinarily in the form of a title company report) that no liens were filed against the project prior to the expiration of the lien period. 3. Monuments and stakes previously installed which are removed, altered, or destroyed prior to the completion of the improvements and their acceptance by Authority shall be installed by Owner within 30 days after such acceptance by Authority. 4. Owner shall pay to Authority, upon execution of this Agreement, and prior to commencement of any work hereunder, the amount of the cash deposit set forth in Exhibit "B" for engineering, inspection and purification fees, compaction tests costs, and for other Authority work and special charges. 5. Owner shall obtain, at his expense, all necessary permits required by County, State or other public agencies in connection with the construction of the water facilities. 6. The water facilities constructed by Owner shall be connected by Owner to the existing water lines of Authority in a manner approved by Authority. If water facilities are constructed in private streets, the streets shall be curbed and/or constructed such that no damage to paving, structures or landscaping will result from full flow fire hydrant testing or from failure of Authority water facilities. Filing of a Notice of Completion shall not be accomplished until the following requirements have b_en complied with: a) All work has been completed in accordance with the plans and specifications, all gate wells have been set flush with the street surface, and meter boxes set to finish grade; b) A set of original plans (sepia prints), corrected to conform with the work as constructed, has been submitted to the Authority. 7. The water facilities shall be operated by Authority in accordance with the rules and regulations of Authority. Meter costs are not included in the estimated cost of water facilities and shall be paid by Owner, or individual property owners requesting service, in accordance with Authority's rate schedule, as it from time to time exists. Water for Page 2 of 5 6/87 construction purposes will be provided it accordance with Authority's Rates and Rules and Standard Practices. 8. Authority shall not, nor shall any officer or employee of Authority, be liable or responsible for any accident, loss cr damage happening or occurring to the work or improvements specified in this Agreement prior to the completion and acceptance of the same, nor shall cority, nor any officer or employee of Authority, be liable for any persons or property injured by reason of said work or improvements, but all of said liabilities shall be assumed by Owner, who agrees to indemnify and save harmless Authority and the officers and employees of Authority from and against any and all claims, demands, losses, costs, and causes of action of any nature, and any expense incident to defense thereof (including attorney's fees), for injury to or death of persons or damage to property arising out of the construction of the water facilities. Owner further agrees to protect Authority and the officers and employees of Authority from all liability or claims because of, or arising out of, the use of any patent or patented article in the construction of said improvements. The Owner shall cause the contractor to file with the Authority "Certificates of Insurance" indicating that the following coverage is in effect: a) Worker's Compensation in limits of not less than $500,000.00. b) Comprehensive Public Liability Insurance (General and Automobile) with limits of not less than $500,000.00 each person, $1,000,000.00 each occurrence for Bodily Injury and $100,000.00 each occurrence frr Property Damage; or in the alternate, a Combined Single Limit (Bodily Injury and/or Property Damage) in the amount of not less than $500,000.00 each occurrence. c) Umbrella and/or Excess Liability Insurance in limits not less than $1,000,000.00 for a combined single limit. d) Unemployment Insurance: Contractor hereby agrees to accept exclusive liability for, and shall hold the Authority harmless from, all payroll taxes for contributions for unemployment insurance of old age pensions, or annuities, measured by wages, salaries or other renumeration paid to employees of said Contractor. 9. Authority shall not, nor shall any officer or employee of Authority, be liable for any portion of the expense of the aforesaid work or for the payment of any labor or materials furnished in connection therewith. 10. Owner shall provide the Authority, at the time of submitting this Agreement for approval by Authority, a copy of the following improvement securities: a) A good and sufficient bond in an amount of less than the estimated cost (100%) of said work and improvements as above specified for the "Faithful Performance" of the terms and conditions of this Agreement, and Page 3 of 5 6/87 b) A good and sufficient bond in an amount not less than fifty percent (50%) of the estimated cost of said work and improvements as above specified securing payment to the contractor, his st,:contractc-s and to persons renting equipment or furnishing labor or materials to them for the improvement, "Laborers and Material Men"; said bond shall contain the provisions set forth in Section L47 of the California Civil Code and shall inure to the benefit of those persons referred to therein. Should the sureties on either of said bonds become insufficient, Owner agrees to renew said bond or bonds with good and sufficient sureties within ten days after receiving notice that said sureties are insufficient. 11. In lieu of filing the bond, as referred to in Paragraph (a) of Section 11, Owner may furnish other improvement security in accordance with Authority Standard Practices. Said improvement security shall be in the same amount and for the same purposes as the bond, as above specified, and in a form satisfactory to Authority. 12. Authority may make such changes, alterations, or additions to the plans and specifications attached hereto which do not exceed ten percent (10%) of the original estimated cost of the improvement as may be determined necessary and desirable by Authority for the proper completion of the said work and improvements and no such changes, alterations, or additions shall relieve the surety or sureties on any bond given for the faithful performance of this Agreement. 13. In the event it is deemed necessary to extend the time of completion of the work contemplated to be done under this Agreement, said extension may be granted by Authority and shall in no way affect the validity of this Agreement or release the surety or sureties on any bond given for the faithful performance of this Agreement. 14. Owner shall, and hereby does, guarantee all work for a period of one year after date the Authority files a Notice of Completion with the County Recorder, and shall repair or replace any and all such work, together with any other work which may be displaced in so doing, that may prove defective in workmanship and/or materials within a one-year period from date of filing of a Notice of Completion by Authority without expense whatsoever to Authority, ordinary wear and tear, unusual abuse or neglect excepted. Authority will give notice of observed defects with reasonable promptness. Owner shall notify Authority upon completion of repairs. In the event of an emergency, Authority may make the repairs and Owner shall be liable for all expenses incurred. In the event Owner fails to comply with Authority's request for correction within one week after being notified in writing by Authority, Authority is hereby authorized to proceed to have the defects repaired and make good at the expense of Owner, who hereby agrees to pay the cost and charges therefor, immediately upon demand. In the event Authority elects to repair the defective work, such action by Authority will not relieve Owner of the guarantees provided in this paragraph. Page 4 of 5 6/87 15. The plans provided for in this contract conform to the current standards of the Sweetwater Authority. The developer will be required to con :n to the standards applicable on the date upon construction is commenced on the development if construction is not commenced within six months of the date of the execution hereof by the Sweetwater AJ thority. 16. Owner shall not release the Faithful Performance Bond or the Labor and Material Bond as submitted by the Owner's Contractor until written notification of proper completion and acceptances of the water facility improvements by the Authority. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day first above written. SWEETWATER AUTHORITY CITY OF NATIONAL CITY By Bye'! Al R. Sorensen, Operations Manager George H. Waters, Mayor Date: Date: ter / - / 7 Attest: �r- City/Clerk Page 5 of 5 NAG:IMPDEV 6/87 • I Ex'ST. GO A.C. 24TH 5�f: V n n z n Nit i,.!',9(P) PROPOSED 8," 1,0,I1J EXTE. C \O11 gas L.P.) gmat NOTE: BEFORE SERVING THIS AREA, SEE REIMBURSEMENT AGREEMENT IN ACCOUNTING DEPT. (PONT, INC.) • •' TH SCALE : I . IOO M rn z EXIST. Nt 5690 NI 6771 P120P. 4. .. A Nr 6659 Mt 2tii / "W4 -F2 5•ce-' C, lfrP� )tt 1475 P$10613 35595 2? 14 6 In 33513 CV M 33514 rn u 6 A.C. 7+- W.O•IIS3I — ST. SWEETWATER AUTHORITY - EXHIBIT 'A' REVISIONS DRAWN BY: APPROVED No DATE: 't I z 3 137 t N D SCALE :_]'_=too DRAWING No. _L of ► EXHIBIT "B" Project Name: "I" AVENUE MAIN INSTALLATION ASSESSMENT DISTRICT 227 Date: JULY 28, 1987 1. THE OWNER/DEVELOPER TO PROVIDE FOR THE INSTALLATION OF THE BELOW LISTED WATER FACILITIES. 2. NO FACILITIES WILL BE INSTALLED PRIOR TO THE EXECUTION OF AGREEMENT TO IMPROVE DEVELOPMENT WATER FACILITIES. 3. NO FACILITIES WILL BE INSTALLED PRIOR TO THE ACCEPTANCE BY THE AUTHORITY OF THE A) BOND FORMS AND B) CERTIFICATE OF INSURANCE (SEE ATTACHMENTS). 4. OWNER TO PROVIDE FOR COMPACTION TESTING AND STAKING PER REQUIREMENTS OF SWEETWATER AUTHORITY. 5. OWNER TO PROVIDE FOR CONSTRUCTION STAKING AND SURVEYING FOR THE PROPOSED WATER FACILITIES. 6. CITY OF NATIONAL CITY TO INSTALL THE WATER FACILITIES LISTED IN PARA. 7. 7. INSTALLATIONS: A) 295 L.F. - 8" ACP, CL. 150 AND APPURTENANCES $ 15,635.00 B) 1 - 6" FIRE HYDRANT $ 7,000.00 C) 5 - 1" WATER SERVICES $ 12,500.00 D) $ EF) $ TOTAL ESTIMATE $ 35,135.00 8. FINAL DETAIL DESIGN-- PLANS & SPECIFICATTDNS: 9. METER FEES: A) TO BE PAID UPON APPLICATION 10. STORAGE ASSESSMENT (FEES): A) TO BE PAID UPON APPLICATION $ 1,500.00 * $ -0- TOTAL METER FEES $ -0- $ -0- TOTAL ASSESSMENT $ -0- 11. INSPECTION & CONNECTION *TOTAL ESTIMATED DEPOSITS & FEES (EST. DEP.) $ 2,000.00 * $ 3,500.00 12. THE ABOVE FIGURES FOR DEPOSITS ARE ESTIMATES ONLY AND MAY VARY ACCORDINGLY. UPON COMPLETION OF INSTALLATION, COST WILL BE COMPUTED AND BILLING OR REFUND WILL BE ISSUED TO YOUR FIRM. Page 1 of 2 EXHIBIT "B" - CONTINUED "I" AVENUE MAIN INSTALLATION ASSESSMENT DISTRICT 227 JULY 28, 1987 13. IN THE EVENT 90-DAY PERIOD ELAPSES FROM DATE OF EXHIBIT ESTIMATED DEPOSITS AND FEES MUST BE REVISED AND ARE CONDITION OF AGREEMENT WITH THE SWEETWATER AUTHORITY. 14. CONTRACTOR RESPONSIBLE FOR CONSUMER SIDE CONNECTION OF METERS. THE AUTHORITY SHALL FURNISH CONSUMER BALL VALVES AS SWEETWATER AUTHORITY By: ************ ACCEPTANCE AL R. SORENSEN, OPERATIONS MANAGER Date: N:EXHB CITY OF NATIONAL CITY By: Date: "5", THE ABOVE SUBJECT TO THE PROPOSED PROJECT PART OF ITEM 9. . WATER OR tc 0� /-2r Page 2 of 2 AGREEMENT TO IMPROVE DEVELOPMENT -WATER FACILITIES THIS AGREEMENT is made and entered into this day of , 19 , by and between SWEETWATER AUTHORITY, hereinafter called Authority, and CITY OF NATIONAL CITY PROJECT: "I" AVE. MAIN INSTALLATION 1243 NATIONAL CITY BLVD. ASSESSMENT DISTRICT 227 NATIONAL CITY, CA. 92050-4397 (Owner's Name and Address) hereinafter called Owner. A. In the near future, Owner desires to install a water main or mains and appurtenances to service his property. B. Authority will own and operate such facilities, if constructed in the manner set forth herein. C. The parties desire, by this Agreement, to provide for the construction and completion of such facilities. NOW, THEREFORE, it is agreed: 1. Owner hereby agrees, at his own cost and expense, to furnish all labor, equipment, and material to perform and complete, and within 365 days from the date of this agreement by Authority, to perform and complete in a good, workmanlike manner, according to the plans attached hereto and made a part of this Agreement, and in accordance with other special conditions noted in Exhibit "B" on file at the office of Authority and any other plans or specifications referred to in this Agreement, the following subdivision improvements: Water facilities as shown on the attached plans and in accordance with Authority's Standard Specifications and any other plans or specifications referred to by this Agreement or referred to in the attachments. (Exhibit "A"; Exhibit "B"; Faithful Performance Bond, Laborers and Material Men Bond, and/or Instrument of Credit, Set AsideLetter; and Certificate of Insurance; etc.). 2. Owner agrees that the work shall be done by a Class "A" or "C-34" licensed contractor, and that the work shall be subject to inspection by and to the satisfaction of Authority and the improvement shall not be deemed complete until approved and accepted in writing by Authority. The estimated cost of said water facilities is the sum of THIRTY-FIVE THOUSAND, ONE -HUNDRED THIRTY-FIVE DOLLARS AND 00/100 CENTS ($35,135.00) Owner's obligation under this Agreement extends to the completion of the improvements, as hereinabove set forth, and is not limited by the amount of the cost estimate. Owner further agrees that the cost estimate is an estimate only, not intended to constitute liquidated damages or a limitation on the obligations of Owner. Authority shall be allowed to inspect the facilities during all stages of construction. Authority shall be notified a minimum of 48 hours prior to the commencement of Page 1 of 5 6/87 construction. The work shall be considered complete when the Owner has fulfilled all requirements of the approved plan and specifications. A Notice of Completion would then be filed with the County Recorder by the Authority. The work will be accepted upon completion of work as set forth herein and upon expiration of the lien period after date of recordation of the Notice of Completion. The facilities will then be considered as donated to the Authority and shall be owned and operated by Authority. Authority will not accept the facilities unless they are free of mechanic's liens. Owner shall -furnish to Authority satisfactory proof (ordinarily in the form of a title company report) that no liens were filed against the project prior to the expiration of the lien period. 3. Monuments and stakes previously installed which are removed, altered, or destroyed prior to the completion of the improvements and their acceptance by Authority shall be installed by Owner within 30 days after such acceptance by Authority. 4. Owner shall pay to Authority, upon execution of this Agreement, and prior to commencement of any work hereunder, the amount of the cash deposit set forth in Exhibit "B" for engineering, inspection and purification fees, compaction tests costs, and for other Authority work and special charges. 5. Owner shall obtain, at his expense, all necessary permits required by County, State or other public agencies in connection with the construction of the water facilities. 6. The water facilities constructed by Owner shall be connected by Owner to the existing water lines of Authority in a manner approved by Authority. If water facilities are constructed in private streets, the streets shall be curbed and/or constructed such that no damage to paving, structures or landscaping will result from full flow fire hydrant testing or from failure of Authority water facilities. Filing of a Notice of Completion shall not be accomplished until the following requirements have been complied with: a) All work has been completed in accordance with the plans and specifications, all gate wells have been set flush with the street surface, and meter boxes set to finish grade; b) A set of original plans (sepia prints), corrected to conform with the work as constructed, has been submitted to the Authority. 7. The water facilities shall be operated by Authority in accordance with the rules and regulations of Authority. Meter costs are not included in the estimated cost of water facilities and shall be paid by Owner, or individual property owners requesting service, in accordance with Authority's rate schedule, as it from time to time exists. Water for Page 2 of 5 6/87 construction purposes will be provided in accordance with Authority's Rates and Rules and Standard Practices. 8. Authority shall not, nor shall any officer or employee of Authority, be liable or responsible for any accident, loss or damage happening or occurring to the work or improvements specified in this Agreement prior to the completion and acceptance of the same, nor shall Authority, nor any officer or employee of Authority, be liable for any persons or property injured by reason of said work or improvements, but all of said liabilities shall be assumed by Owner, who agrees to indemnify and save harmless Authority and the officers and employees of Authority from and against any and all claims, demands, losses, costs, and causes of action of any nature, and any expense incident to defense thereof (including attorney's fees), for injury to or death of persons or damage to property arising out of the construction of the water facilities. Owner further agrees to protect Authority and the officers and employees of Authority from all liability or claims because of, or arising out of, the use of any patent or patented article in the construction of said improvements. The Owner shall cause the contractor to file with the Authority "Certificates of Insurance" indicating that the following coverage a) b) is in effect: Worker's Compensation in limits of not less than $500,000.00. Comprehensive Public Liability Insurance (General and Automobile) with limits of not less than $500,000.00 each person, $1,000,000.00 each $100,000.00 each occurrence alternate, a Combined Single Limit Property Damage) in the amount of not each occurrence. Umbrella and/or Excess Liability Insurance than $1,000,000.00 for a combined single limit. Unemployment Insurance: Contractor hereby agrees exclusive liability from, all payroll insurance of old age salaries or other Contractor. 9. Authority shall not, nor shall any officer or employee of Authority, be liable for any portion of the expense of the aforesaid work or for the payment of any labor or materials furnished in connection therewith. 10. Owner shall provide the Authority, at the time of submitting this Agreement for approval by Authority, a copy of the following improvement securities: a) A good and sufficient bond in an amount of less than the estimated cost (100%) of said work and improvements as above specified for the "Faithful Performance" of the terms and conditions of this Agreement, and 6/87 occurrence for Bodily Injury and for Property Damage; or in the (Bodily Injury and/or less than $500,000.00 c) in limits not less d) to accept for, and shall hold the Authority harmless taxes for contributions for unemployment pensions, or annuities, measured by wages, renumeration paid to employees of said Page 3 of 5 b) A good and sufficient bond in an amount not less than fifty percent (50%) of the estimated cost of said work and _improvements as above specified securing payment to the contractor, his subcontractors and to persons renting equipment or furnishing labor or materials to them for the improvement, "Laborers and Material Men"; said bond shall contain the provisions set forth in Section 3247 of the California Civil Code and shall inure to the benefit of those persons referred to therein. Should the sureties on either of said bonds become insufficient, Owner agrees to renew said bond or bonds with good and sufficient sureties within ten days after receiving notice that said sureties are insufficient. 11. In lieu of filing the bond, as referred to in Paragraph (a) of Section 11, Owner may furnish other improvement security in accordance with Authority Standard Practices. Said improvement security shall be in the same amount and for the same purposes as the bond, as above specified, and in a form satisfactory to Authority. 12. Authority may make such changes, alterations, or additions to the plans and specifications attached hereto which do not exceec ten percent (10%) of the original estimated cost of the improvement as may be determined necessary and desirable by Authority for the proper completion of the said work and improvements and no such changes, alterations, or additions shall relieve the surety or sureties on any bond given for the faithful performance of this Agreement. 13. In the event it is deemed necessary to extend the time of completion of the work contemplated to be done under this Agreement, said extension may be granted by Authority and shall in no way affect the validity of this Agreement or release the surety or sureties on any bond given for the faithful performance of this Agreement. 14. Owner shall, and hereby does, guarantee all work for a period of one year after date the Authority files a Notice of Completion with the County Recorder, and shall repair or replace any and all such work, together with any other work which may be displaced in so doing, that may prove defective in workmanship and/or materials within a one-year period from date of filing of a Notice of Completion by Authority without expense whatsoever to Authority, ordinary wear and tear, unusual abuse or neglect excepted. Authority will give notice of observed defects with reasonable promptness. Owner shall notify Authority upon completion of repairs. In the event of an emergency, Authority may make the repairs and Owner shall be liable for all expenses incurred. In the event Owner fails to comply with Authority's request for correction within one week after being notified in writing by Authority, Authority is hereby authorized to proceed to have the defects repaired and make good at the expense of Owner, who hereby agrees to pay the cost and charges therefor, immediately upon demand. In the event Authority elects to repair the defective work, such action by Authority will not relieve Owner of the guarantees provided in this paragraph. Page 4 of 5 6/87 15. The plans provided for in this contract conform to the current standards of the Sweetwater Authority. The developer will be required to conform to the standards applicable on the date upon which construction is commenced on the development if construction is not commenced within six months of the date of the execution hereof by the Sweetwater Authority. 16. Owner shall not release the Faithful Performance Bond or the Labor and Material Bond as submitted by the Owner's Contractor until written notification of proper completion and acceptances of the water facility improvements by the Authority. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day first above written. SWEETWATER AUTHORITY CITY OF NATIONAL CITY By By bL ' Al R. Sorensen, Operations Manager George H. Waters, Mayor Date: Date: Attest: Page 5 of 5 NAG:IMPDEV 6/87 EXHIBIT "B" Project Name: "I" AVENUE MAIN INSTALLATION ASSESSMENT DISTRICT 227 Date: JULY 28, 1987 1. THE OWNER/DEVELOPER TO PROVIDE FOR THE INSTALLATION OF THE BELOW LISTED WATER FACILITIES. 2. NO FACILITIES WILL BE INSTALLED PRIOR TO THE EXECUTION OF AGREEMENT TO IMPROVE DEVELOPMENT WATER FACILITIES. 3. NO FACILITIES WILL BE INSTALLED PRIOR TO THE ACCEPTANCE BY THE AUTHORITY OF THE A) BOND FORMS AND B) CERTIFICATE OF INSURANCE (SEE ATTACHMENTS). 4. OWNER TO PROVIDE FOR COMPACTION TESTING AND STAKING PER REQUIREMENTS OF SWEETWATER AUTHORITY. 5. OWNER TO PROVIDE FOR CONSTRUCTION STAKING AND SURVEYING FOR THE PROPOSED WATER FACILITIES. 6. CITY OF NATIONAL CITY TO INSTALL THE WATER FACILITIES LISTED IN PARA. 7. 7. INSTALLATIONS: A) 295 L.F. - 8" ACP, CL. 150 AND APPURTENANCES $ 15,635.00 B) 1 - 6" FIRE HYDRANT $ 7,000.00 C) 5 - 1" WATER SERVICES $ 12,500.00 D) $ E) $ F) $ TOTAL ESTIMATE $ 35,135.00 8. FINAL DETAIL DESIGN...PLANS & SPECIFICATIONS: 9. METER FEES: A) TO BE PAID UPON APPLICATION 10. STORAGE ASSESSMENT (FEES): A) TO BE PAID UPON APPLICATION $ 1,500.00 * $ -0- TOTAL METER FEES $ -0- $ -0- TOTAL ASSESSMENT $ -0- 11. INSPECTION & CONNECTION (EST. DEP.) $ 2,000.00 * *TOTAL ESTIMATED DEPOSITS & FEES $ 3,500.00 12. THE ABOVE FIGURES FOR DEPOSITS ARE ESTIMATES ONLY AND MAY VARY ACCORDINGLY. UPON COMPLETION OF INSTALLATION, COST WILL BE COMPUTED AND BILLING OR REFUND WILL BE ISSUED TO YOUR FIRM. Page 1 of 2 DATE: L Q II I Ex'S;. al A.G. 24 TH 5�f: LIo1 n/al l.f',9(P� 1145 PROPOSED 6" 1.AA113 cXTcti SIGN ( P.) ;: NOTE: BEFORE SERVING THIS AREA, SEE REIMBURSEMENT AGREEMENT IN ACCOUNTING DEPT. (FONT, INC.) Tt+ SCALE : I •. 100 t. • Nt S690 Fit 677t PROP. �(2F.H. Nt 6639 Kt tit iLl • / uw.4 rF2 SEQrvice, <r7A Kt 147S Nt 10813 35595 rn in• M l) to 33513 N M 33514 M 6" A.C. `74 1,14O.IIG31 ST. N SW ETWATER AUTHORITY - EXHIBIT "A' REVISIONS DRAWN BY: -� APPROVED By: No. DATE: LIz3� 7 ww� jv V SCALE! _A' re_PL. M I Ni T DRAWING No. _L of EXHIBIT "B" - CONTINUED "I" AVENUE MAIN INSTALLATION ASSESSMENT DISTRICT 227 JULY 28, 1987 13. IN THE EVENT 90-DAY PERIOD ELAPSES FROM DATE OF EXHIBIT ESTIMATED DEPOSITS AND FEES MUST BE REVISED AND ARE CONDITION OF AGREEMENT WITH THE SWEETWATER AUTHORITY. 14. CONTRACTOR RESPONSIBLE FOR CONSUMER SIDE CONNECTION OF METERS. THE AUTHORITY SHALL FURNISH CONSUMER BALL VALVES AS ************ ACCEPTANCE SWEETWATER AUTHORITY CITY OF NATIONAL CITY THE ABOVE SUBJECT TO THE PROPOSED PROJECT PART OF ITEM 9. By: By: adflet/#112-Th AL R. SORENSEN, OPERATIONS MANAGER Date: Date: N:EXHB Page 2 of 2 AGREEMENT TO IMPROVE DEVELOPMENT -WATER FACILITIES THIS AGREEMENT is made and entered into this day of , 19 by and between SWEETWATER AUTHORITY, hereinafter called Authority, ano CITY OF NATIONAL CITY PROJECT: "I" AVE. MAIN INSTALLATION 1243 NATIONAL CITY BLVD. ASSESSMENT DISTRICT 227 NATIONAL CITY, CA. 92050-4397 (Owner's Name and Address) hereinafter called Owner. A. In the near future, Owner desires to install a water main or mains and appurtenances to service his property. B. Authority will own and operate such facilities, if constructed in the manner set forth herein. C. The parties desire, by this Agreement, to provide for the construction and completion of such facilities. NOW, THEREFORE, it is agreed: 1. Owner hereby agrees, at his own cost and expense, to furnish all labor, equipment, and material to perform and complete, and within 365 days from the date of this agreement by Authority, to perform and complete in a good, workmanlike manner, according to the plans attached hereto and made a part of this Agreement, and in accordance with other special conditions noted in Exhibit "B" on file at the office of Authority and any other plans or specifications referred to in this Agreement, the following subdivision improvements: Water facilities as shown on the attached plans and in accordance with Authority's Standard Specifications and any other plans or specifications referred to by this Agreement or referred to in the attachments. (Exhibit "A"; Exhibit "B"; Faithful Performance Bond, Laborers and Material Men Bond, and/or Instrument of Credit, Set Aside Letter; and Certificate of Insurance; etc.). 2. Owner agrees that the work shall be done by a Class "A" or "C-34" licensed contractor, and that the work shall be subject to inspection by and to the satisfaction of Authority and the improvement shall not be deemed complete until approved and accepted in writing by Authority. The estimated cost of said water facilities is the sum of THIRTY-FIVE THOUSAND, ONE -HUNDRED THIRTY-FIVE DOLLARS AND 00/100 CENTS ($35,135.00) Owner's obligation under this Agreement extends to the completion of the improvements, as hereinabove set forth, and is not limited by the amount of the cost estimate. Owner further agrees that the cost estimate is an estimate only, not intended to constitute liquidated damages or a limitation on the obligations of Owner. Authority shall be allowed to inspect the facilities during all stages of construction. Authority shall be notified a minimum of 48 hours prior to the commencement of Page 1 of 5 6/87 construction. The work shall be considered complete when the Owner has fulfilled all requirements of the approved plan and specifications. A. Notice of Completion would then be filed with the County Recorder by the Authority. The work will be accepted upon completion of work as set forth herein and upon expiration of the lien period after date of recordation of the Notice of Completion. The facilities will then be considered as donated to the Authority and shall be owned and operated by Authority. Authority will not accept the facilities unless they are free of mechanic's liens. Owner shall furnish to Authority satisfactory proof (ordinarily in the form of a title company report) that no liens were filed against the project prior to the expiration of the lien period. 3. Monuments and stakes previously installed which are removed, altered, or destroyed prior to the completion of the improvements and their acceptance by Authority shall be installed by Owner within 30 days after such acceptance by Authority. 4. Owner shall pay to Authority, upon execution of this Agreement, and prior to commencement of any work hereunder, the amount of the cash deposit set forth in Exhibit "8" for engineering, inspection and purification fees, compaction tests costs, and for other Authority work and special charges. 5. Owner shall obtain, at his expense, all necessary permits required by County, State or other public agencies in connection with the construction of the water facilities. 6. The water facilities constructed by Owner shall be connected by Owner to the existing water lines of Authority in a manner approved by Authority. If water facilities are constructed in private streets, the streets shall be curbed and/or constructed such that no damage to paving, structures or landscaping will result from full flow fire hydrant testing or from failure of Authority water facilities. Filing of a Notice of Completion shall not be accomplished until the following requirements have been complied with: a) All work has been completed in accordance with the plans and specifications, all gate wells have been set flush with the street surface, and meter boxes set to finish grade; b) A set of original plans (sepia prints), corrected to conform with the work as constructed, has been submitted to the Authority. 7. The water facilities shall be operated by Authority in accordance with the rules and regulations of Authority. Meter costs are not included in the estimated cost of water facilities and shall be paid by Owner, or individual property owners requesting service, in accordance with Authority's rate schedule, as it from time to time exists. Water for Page 2 of 5 6/87 construction purposes will be provided in accordance with Authority's Rates and Rules and Standard Practices. 8. Authority shall not, nor shall any officer or employee of Authority, be liable or responsible for any accident, loss Dr damage happening or occurring to the work or improvements specified in this Agreement prior to the completion and acceptance of the same, nor shall A nority, nor any officer or employee of Authority, be liable for any persons or property injured by reason of said work or improvements, but all of said liabilities shall be assumed by Owner, who agrees to indemnify and save harmless Authority and the officers and employees of Authority from and against any and all claims, demands, losses, costs, and causes of action of any nature, and any expense incident to defense thereof (including attorney's fees), for injury to or death of persons or damage to property arising out of the construction of the water facilities. Owner further agrees to protect Authority and the officers and employees of Authority from all liability or claims because of, or arising out of, the use of any patent or patented article in the construction of said improvements. The Owner shall cause the contractor to file with the Authority "Certificates of Insurance" indicating that the following coverage is in effect: a) Worker's Compensation in limits of not less than $500,000.00. b) Comprehensive Public Liability Insurance (General and Automobile) with limits of not less than $500,000.00 each person, $1,000,000.00 each occurrence for Bodily Injury and $100,000.00 each occurrence for Property Damage; or in the alternate, a Combined Single Limit (Bodily Injury and/or Property Damage) in the amount of not less than $500,000.00 each occurrence. c) Umbrella and/or Excess Liability Insurance in limits not less than $1,000,000.00 for a combined single limit. d) Unemployment Insurance: Contractor hereby agrees to accept exclusive liability for, and shall hold the Authority harmless from, all payroll taxes for contributions for unemployment insurance of old age p:nsions, or annuities, measured by wages, salaries or other renumeration paid to employees of said Contractor. 9. Authority shall not, nor shall any officer or employee of Authority, be liable for any portion of the expense of the aforesaid work or for the payment of any labor or materials furnished in connection therewith. 10. Owner shall provide the Authority, at the time of submitting this Agreement for approval by Authority, a copy of the following improvement securities: a) A good and sufficient bond in an amount of less than the estimated cost (100%) of said work and improvements as above specified for the "Faithful Performance" of the terms and conditions of this Agreement, and Page 3 of 5 6/87 b) A good and sufficient bond in an amount not less than fifty percent (50%) of the estimated cost of said work and improvements as above specified securing payment to the contractor, his subcontracte-s and to persons renting equipment or furnishinlabor or materials to them for the improvement, "Laborers and Material Men"; said bond shall contain the provisions set forth in Section 3,..47 of the California Civil Code and shall inure to the benefit of those persons referred to therein. Should the sureties on either of said bonds become insufficient, Owner agrees to renew said bond or bonds with good and sufficient sureties within ten days after receiving notice that said sureties are insufficient. 11. In lieu of filing the bond, as referred to in Paragraph (a) of Section 11, Owner may furnish other improvement security in accordance with Authority Standard Practices. Said improvement security shall be in the same amount and for the same purposes as the bond, as above specified, and in a form satisfactory to Authority. 12. Authority may make such changes, alterations, or additions to the plans and specifications attached hereto which do not exceed ten percent (10%) of the original estimated cost of the improvement as may be determined necessary and desirable by Authority for the proper completion of the said work and improvements and no such changes, alterations, or additions shall relieve the surety or sureties on any bond given for the faithful performance of this Agreement. 13. In the event it is deemed necessary to extend the time of completion of the work contemplated to be done under this Agreement, said extension may be granted by Authority and shall in no way affect the validity of this Agreement or release the surety or sureties on any bond given for the faithful performance of this Agreement. 14. Owner shall, and hereby does, guarantee all work for a period of one year after date the Authority files a Notice of Completion with the County Recorder, and shall repair or replace any and all such work, together with any other work which may be displaced in so doing, that may prove defective in workmanship and/or materials within a one-year period from date of filing of a Notice of Completion by Authority without expense whatsoever to Authority, ordinary wear and tear, unusual abuse or neglect excepted. Authority will give notice of observed defects with reasonable promptness. Owner shall notify Authority upon completion of repairs. In the event of an emergency, Authority may make the repairs and Owner shall be liable for all expenses incurred. In the event Owner fails to comply with Authority's request for correction within one week after being notified in writing by Authority, Authority is hereby authorized to proceed to have the defects repaired and make good at the expense of Owner, who hereby agrees to pay the cost and charges therefor, immediately upon demand. In the event Authority elects to repair the defective work, such action by Authority will not relieve Owner of the guarantees provided in this paragraph. Page 4 of 5 6/87 15. The plans provided for in this contract conform to the current standards of the Sweetwater Authority. The developer will be required to con=`:rm to the standards applicable on the date upon , ':ich construction is commenced on the development if construction is not commenced within six months of the date of the execution hereof by the Sweetwater Authority. 16. Owner shall not release the Faithful Performance Bond or the Labor and Material Bond as submitted by the Owner's Contractor until written notification of proper completion and acceptances of the water facility improvements by the Authority. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day first above written. SWEETWATER AUTHORITY CITY OF NATIONAL CITY By By Al R. Sorensen, Operations Manager George H. Waters, Mayor Date: Date: Attest: City/Clerk V/ Page 5 of 5 NAG:IMPDEV 6/87 HIGHL-A N D I I I 24 TH DT. 1 EXIT. n n i1 C.Co, 1 Z. .J91 ii`,9(P) PROPOSeD c3" A.C. MAIN EXTaNGtGN ( 2°tS l..F.) H NOTE: BEFORE SERVING THIS AREA, SEE REIMBURSEMENT AGREEMENT IN ACCOUNTING DEPT. (FONT, INC.) • } SGAI.E = 1 •. ioo M r 2 Nt 5690 )+(t 6 7 71 ," F. H\ id Nt 6659 Kt II1g / ..W4 7-F/2 52r(ce, (7.74 yt 147S Ni 10813 rn N re) rr) 33513 M )3514 re) V .i . W.0.11931 ST. SWEETWATER AUTHORITY - EXHIBIT "A ' VA' REVISIONS DRAWN BY : -� No. DATE: DATE: 1123iY) SCALE O0 APPROVED B � LflL ALE A 1. "r DRAWING No. _L of I EXHIBIT "B" Project Name: "I" AVENUE MAIN INSTALLATION ASSESSMENT DISTRICT 227 Date: JULY 28, 198/ 1. THE OWNER/DEVELOPER TO PROVIDE FOR THE INSTALLATION OF THE BELOW LISTED WATER FACILITIES. 2. NO FACILITIES WILL BE INSTALLED PRIOR TO THE EXECUTION OF AGREEMENT TO IMPROVE DEVELOPMENT WATER FACILITIES. 3. NO FACILITIES WILL BE INSTALLED PRIOR TO THE ACCEPTANCE BY THE AUTHORITY OF THE A) BOND FORMS AND B) CERTIFICATE OF INSURANCE (SEE ATTACHMENTS). 4. OWNER TO PROVIDE FOR COMPACTION TESTING AND STAKING PER REQUIREMENTS OF SWEETWATER AUTHORITY. 5. OWNER TO PROVIDE FOR CONSTRUCTION STAKING AND SURVEYING FOR THE PROPOSED WATER FACILITIES. 6. CITY OF NATIONAL CITY TO INSTALL THE WATER FACILITIES LISTED IN PARA. 7. 7. INSTALLATIONS: A) 295 L.F. - 8" ACP, CL. 150 AND APPURTENANCES $ 15,635.00 B) 1 - 6" FIRE HYDRANT $ 7,000.00 C) 5 - 1" WATER SERVICES $ 12,500.00 D) $ E) $ $ F) TOTAL ESTIMATE $ 35,135.00 8. FINAL DETAIL DESIGN...PLANS & SPECIFICATIONS: $ 1,500.00 * 9. METER FEES: A) TO BE PAID UPON APPLICATION $ -0- TOTAL METER FEES $ -0- 10. STORAGE ASSESSMENT (FEES): A) TO BE PAID UPON APPLICATION $ -0- TOTAL ASSESSMENT $ -0- 11. INSPECTION & CONNECTION (EST. DEP.) $ 2,000.00 * *TOTAL ESTIMATED DEPOSITS & FEES $ 3,500.00 12. THE ABOVE FIGURES FOR DEPOSITS ARE ESTIMATES ONLY AND MAY VARY ACCORDINGLY. UPON COMPLETION OF INSTALLATION, COST WILL BE COMPUTED AND BILLING OR REFUND WILL BE ISSUED TO YOUR FIRM. Page 1 of 2 EXHIBIT "B" - CONTINUED "I" AVENUE MAIN INSTALLATION ASSESSMENT DISTRICT 227 JULY 28, 1987 13. IN THE EVENT 90-DAY PERIOD ELAPSES FROM DATE OF EXHIBIT ESTIMATED DEPOSITS AND FEES MUST BE REVISED AND ARE CONDITION OF AGREEMENT WITH THE SWEETWATER AUTHORITY. 14. CONTRACTOR RESPONSIBLE FOR CONSUMER SIDE CONNECTION OF METERS. THE AUTHORITY SHALL FURNISH CONSUMER BALL VALVES AS ************ ACCEPTANCE SWEETWATER AUTHORITY CITY OF NATIONAL CITY By: '" THE ABOVE UBJECT TO THE PROPOSED PROJECT PART OF ITEM 9. By: gli AL R. SORENSEK, OPERATIONS MANAGER GEO E I�ATERS , AOR Date: Date: N:EXHB ivy 1987 Page 2 of 2