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Home My WebLink AboutRes 8145*l RESOLUTION NO. 8145 OF THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT AUTHORIZING THE PRESIDENT AND CLERK OF THE BOARD TO EXECUTE AN AGREEMENT FOR CONSTRUCTION AND OWNERSHIP OF DOMESTIC WATER SUPPLY SYSTEM, MARTISWOODS ESTATES ASSESSMENT DISTRICT, PLACER COUNTY, CALIFORNIA WHEREAS, the Truckee Donner Public Utility District has received a pro- posed agreement between the District and the County of Placer in connection with Martiswoods Estates Assessment District, Placer County, California, pre- pared by Edwin N. Ness, Bond Counsel for the County of Placer; and WHEREAS, the agreement provides, in part, for the ultimate acceptance of the improvements by the District; and WHEREAS, District staff has reviewed the agreement, provided favorable opinions, and recommended acceptance of such agreement; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Truckee Donner Public Utility District as follows: The President and Clerk of the Board are hereby authorized and directed to execute the Agreement for Construction and Ownership of Domestic Water Supply System, Martiswoods Estates Assessment District, Placer County, California, a copy of which is attached hereto as Exhibit "A". PASSED AND ADOPTED by the Board of Directors of the Truckee Donner Public Utility District at a meeting held within said District on the 1st day of June, 1981, by the following roll call vote: AYES: Corbett, Duffy, Kuttel, Maass and Huber. NOES: None. ABSENT: None. TRUCKEE DONNER PUBLIC UTILITY DISTRICT By iJ^&^&A Roberta C. Huber, President ATTEST: asan M Craig, Deputy District^glerk ,1° AGREEMENT FOR CONSTRUCTION AND OWNERSHIP OF DOMESTIC WATER SUPPLY SYSTEM MARTISWOODS ESTATES ASSESSMENT DISTRICT, PLACER COUNTY, CALIFORNIA THIS AGREEMENT, by and between the TRUCKEE-DONNER PUBLIC UTILITY DISTRICT, a public corporation, Nevada County, California, hereinafter called "District," and the COUNTY OF PLACER, a political subdivision of the State of California, hereinafter called "County;" WITNESSETH: 1. The public interest and convenience require the acqui- sition, construction and installation by County, and maintenance, opera- tion and use by District, of improvements designed to provide the domestic water service facilities and appurtenances necessary and convenient for the providing of water service in and for the property located in Mnrtiswood Estates Assessment District, Placer County, California, as set forth in the approved final plans and specifications provided to District in accordance with the provisions of paragraph 2 of page 2 of this agreement. It is proposed that said facilities be acquired, constructed and installed by County pursuant to special assessment district proceedings undertaken by County pursuant to the Municipal Improvement Act of 1913, and that after such acquisition, construction and installation by County, ownership of said facilities shall vest in District, and the providing of water service within said territory shall be under the management and control of District. -1- ,1> Therefore, pursuant to the provisions of the Municipal Improvement Act of 1913, and particularly Sections 10109 through 10111 thereof, the parties hereto have entered into this agreement. The assessment district proceedings referred to are designated as the Martiswoods Estates Assessment District, Placer County, Cali- fornia. 2. Improvement plans and specifications for said water facilities have been prepared by Weatherby Associates, Inc., Project Engineer appointed by County in said proceedings. Said plans have been submitted to and approved by the District. It is agreed that all of said work shall be installed in accordance with full and com- plete final improvement plans and specifications to be approved by the District prior to commencement of construction, and that said final improvement plans and specifications are hereby approved by District. No changes in said final improvement plans and specifica- tions may be made without the prior written consent of District. 3. Said water facilities shall be constructed by County as herein provided at its sole cost and expense and at no cost or expense to District, and County further agrees that it will pay to District any and all costs incurred by it in connection herewith for inspection. Said costs shall be paid by County to District upon demand by District. 4. District may at all times -naintain an inspector over the work of installation of said water facilities to see that Dis- trict's requirements have been met and that plans and specifications have been complied with, and the County and its engineers shall co- operate with the District's inspector, or inspectors, in the duties incident to design or construction. After completion and acceptance -2- d 1 ft ■ of the work, County will cooperate with District in the enforcement of any guarantee made by the contractor in contractor's agreement to perform the work; and shall cause said contractor to name the District as additional obligee on an acceptable surety bond guarantee- ing against defective materials and/or workmanship for a period of one (1) year from and after the completion and acceptance of the work. 5. Whenever mains, facilities and appurtenances to be conveyed hereunder are not installed in dedicated streets or highways, County shall provide or cause to be provided the necessary rights of way and other property necessary to accommodate said work and improve- ments, and where said easements or property are required exclusively for water mains or facilities, or where required by District, County shall require the execution and delivery to District of appropriate instruments of transfer and such other documents as District may require to convey to District said rights of way and other property. 6. County shall require that the contractor performing the work of construction of said water facilities name the District as additional obligee on labor and material and faithful performance bonds, in the sum of the bid for such work and shall require said contractor to name the District as additional insured on certificates of insurance, which said insurance shall protect the District, its officers, agents and employees against any claims of any nature. 7. After the work has been completed and the facilities have been accepted by the District, all the water facilities and appur- tenances so installed shall be the property of District and part of its system and thereafter District may make extensions therefrom and install services thereto at any points thereon. They shall be operated, maintained and managed by District as part of such system -3- + \ under the rules and regulations and subject to the rates and charges of District from time to time established. It is agreed that full right, title and interest in and to said water facilities installed pursuant hereto is hereby granted to District, subject to the condition precedent of connection of said water facilities with the water system of the District, and written notice of acceptance thereof by District. There shall be no obligation upon District to pay or reimburse to County any part of the costs of said water facilities. County agrees to furnish District, in duplicate, with "as-built drawings" of the completed installation of said water facilities before final acceptance of same by District. 8. District shall not be obligated to extend, without charge, its mains and facilities within the boundaries of the territory of said Martiswoods Estates Assessment District, and any future exten- sion of mains, facilities and appurtenances beyond those specifically set forth in the plans and specifications shall be under the rules and regulations and subject to the rates and charges from time to time established by District. 9. County agrees to and shall defend and hold harmless District, its officers, agents and employees from any suits or actions at law or in equity which may, for any reason, be brought against District as a result of County's special assessment district proceed- ings herein referred to. 10. This agreement shall become effective when funds are available to carry out the terms hereof pursuant to said special assessment proceedings hereinabove referred to. -4- ,1< 11. It is agroed that the signature of all parties to this agreement is based upon and predicated upon consummation of special assessment district proceedings providiny for a sufficient assess- ment 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 this agreement. It is agreed that County 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 water facilities, 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 County cannot pledge itself in advance that said special assessment proceedings will give the County jurisdiction to confirm the assessment and that all terms and provisions of this agreement are subject to said special assessment proceedings being consummated. County 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. DATED: Juno 2, 1981 TRUCKEE-DONNER PUBLIC UTILITY DISTRICT, a public corporation of the State of California ATTEST: y ..-'''Clerk of the Board (seal) By ,, fee cU^j. .. &Az&£JU* President "District" COUNTY OF PLACER, a political subdivision of the State of California ATTEST: Clerk 6T the Board of Supervisors By_ Chairman, Board of Supervisors "County" •5-