HomeMy WebLinkAboutReso 102-1983RESOLUTION NO. 102-83
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION APPROVING A DEVELOPMENT
AGREEMENT FOR THE CONSTRUCTION OF MYRTLE
AVENUE AND THE ACCEPTANCE OF CERTAIN
EASEMENTS RELATED THERETO
that:
BE IT RESOLVED by the City Council of the City of South San Francisco
1. Execution of Agreement.
Execution of an Agreement entitled "Agreement - Construction and
Improvement of Myrtle Avenue" between the City of South San Francisco and
Hynding Construction and Development Co. is hereby authorized, and a copy of
said Agreement is attached hereto as Exhibit "A."
2. Signatures.
The Mayor is authorized to execute said Agreement on behalf of the
City, and the City Clerk attest his signature thereto.
3. Acceptance of Grants.
The Grant of "Public Street and Sidewalk Easement" and Grant of
"Street Lighting Easement" from the property owners, CBM - Hynding Joint Venture,
to the City of South San Francisco are hereby accepted.
4. Recordation.
The City Clerk is authorized to record or cause recordation of
the Agreement and Grants of Easement concurrently in the official records of
the County of San Ma teo.
I hereby certify that the foregoing Resolution was regularly introduced
and adopted by the City Council of the City of South San Francisco, at a
regular meeting held on the 3rd day of July , 1983, by
the following vote:
AYES: Councilmembers Ronald G. Acosta, Mark N. Addiego, Emanuele N.
Damonte, Gus Nicolopulos; and Roberta Cerri Teglia
None
NOES:
ABSENT: None
EXHIBIT "A" TO RESOLUTION NO. 102-83, ADOPTED 8/3/83 AGREEMENT
CONSTRUCTION AND IMPROVEMENT OF MYRTLE AVENUE
THIS AGREEMENT is made and entered into as of this ~3~dday of_Augu~.t .... ,
19_ 83 , by and between the City of South San Francisco, a municipal corporation,
hereinafter desi§nated "City," and HYN~DING CONSTRUCTION AN~D
·
DEVELOPMENT CO.
hereinafter designated "Developers," both of whom understand and a§ree as
follows'
WITNESSETH :
WHEREAS, Developers have presented or caused to be presented to City certain
easements for acceptance by City, and
WHEREAS, City is willing to accept said easements provided Developers will
construct and install the public improvements at their sole cost and expense and
in accordance with the provisions as herein set forth;
NOW, THEREFORE, in consideration of the afore§oing premises, and the cove-
nants and conditigns herein contained, it is agreed as follows-
1. Dedication of Easements and Performance of Work.
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City shall accept a deed §'ranting the street, highway and public utility
easement for MYRTLE AVENUE, more particularly described in. Exhibit "A" attached
hereto and by this reference incorporated herein as though set forth verbatim~
Developers shall, at their own expense, furnish, or cause to
be furnished, all labor, supplies, equipment and materials and do, or
cause to be done, in a good and workmanlike manner all of the following
works and improvements within (and/or without) the development, to
wit: Improvements and required items of work described in Exhibit "B"
attached hereto, The cost of such improvements and required items of
work is estimated to be $ 31,096.00 . Developers
shall also do all the work and furnish all materials necessary in the
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·
opinion of the Director of Public Services and, on his order, to
complete the improvements in accordance with the plans and specifica-
tions on file as hereinbefore specified, or with any changes required
or ordered by said Director of Public Services which, in his opinion,
are necessary or required to complete the work in accordance with the
plans and specifications and amendments thereto.
2. Work; Places and Grades to be Fixed by Director of Public
Services:
All of said work is to be done at the places, of the
materials, in the manner and at the grades, all as shown on the plans
and specifications therefor, heretofore approved by the Director of
Public Services and now on file in his office, and to the satisfaction
of said Director of Public Services.
3. Work; Time for Commencement and Performance:
City hereby fixes the time for the commencement of said work
to be done on the'first day of August , 19'83 , and for its
completion to be within six months thereafter. At least (15)
calendar days prior to the commencement of work hereunder, Developers
shall notify the Director of Public Services in writing of the date
fixed by Developers for commencement thereof, so that the Director of
Public Services shall be able to provide services of ins'pection.
4. Time of Essence - Extension:
Time is of the essence of this Agreement, provided that in
the event good cause is shown therefor, the City Council may extend
the time for completion of the improvements hereunder. Any such
extension may be granted without notice to the Developers' sureties,
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and extensions so granted shall not relieve the sureties' liability on
the bonds to secure the faithful performance of this Agreement and to
assure payment of all persons performing labor and materials in con-
nection with this Agreement. The City Council shall be the sole and
final judge as to whether or not §ood cause has been shown to entitle
Developers to an extension.
5. Repairs and Replacements:
Developers shall replace or have replaced, or repair or have
repaired, as the case may be, all existing pipes and monuments which have
been destroyed or damaged, and Developers shall replace or have replaced,
repair or have repaired, as the case may be, or pay to the owner the entire
cost of replacement or repairs, of any and all property damaged or destroyed
by reason of any work done hereunder, whether such property be owned by the
United States or any agency thereof, of the State of California, or any
agency or political subdivision thereof, or by any combination of such
owners. Any such repair or replacement shall be to the satisfaction, and
subject to the approval, of the Director of Public Services or said corporation,
person or agency.
6. Utility Deposits - Statement'
Developers shall file with the City Clerk, on or before August 1,
1983, a ~ritten statement signed by Developers, and each public utility cor-
poration involved, to the effect that Developers have made all deposits
legally required by such public utility corporation for the connection of
any and all public utilities to be supplied by such public utility corporation
within the development.
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7. Permits; Compliance with Law:
Develo?ers shall, at Developers' expense, obtain all
necessary permits and licenses for the construction of such
improvements, give all necessary notices and pay all fees and taxes
required by 1 aw.
8. Superintendence by Developers-
Developers shall give personal superintendence to the work
on said improvements, er have a competent foreman or superintendent,
satisfactory to the Director of Public Services, on the work at all
times during progress,' with authority to act for Developers.
9. Inspection by City-
Developers shall at all times maintain proper facilities,
and provide safe access for inspection by City, to all parts of the
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work and to the shops wherein the work is in preparation.
lO. Contract Security'
Concurrently with the execution hereof, developers shall
furnish' (1) a surety bond in ~n .amount equal to at least one
hundred percent (100%) of the estimated cost of the construction and
completion of t~.e works and improvements described in Exhibit "B"
attached hereto, as security for the faithful performance of this
Agreement; and (2) a separate surety bond in an amount equal to at
least one hundred percent (100%) of the estimated cost of the
construction and completion of the works and improvements described in
Exhibit "A" attached hereto, as security for the payment of all. per-
sons performing labor and furnishing materials in connection ~.~ith this
Agreement. Developers shall require all subconstractors to file a
labor and materials corporate surety bond as security for payment of
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all persons furnishing labor and materials in connection with this
Agreement.
11. Hold Harmless Agreement'
Developers hereby agree to, and shall, hold City, its elec-
tive and appointive boards, cdmmissions, officers, agents and
employees harmless from any liability (including, but not limited to,
that founded in negligence, nuisance, contract and inverse
condemnation) for damage or claims for damage for personal injury,
including death, as well as from claims for pr. operty damage which may
arise from Developers' or Developers' contractors', agents' or
employees' operations under this Agreement, whether such operations be
by Developers or by any of Develop.ers' contractors, subcOntractors or
by any one or more persons directly or indirectly employed by, or
acting as agent for, Developers or any of Developers' contractors or
subcontractors. Developers agree to, and shall, defend City and its
elective and appointive boards, commissions, officers, agents and
employees from any suits or actions at law or in equity (including,
but not limited to, those based on negligence, nuisance, contract and
inverse condemnation) for damages caused, or alleged to have been
caused, by reason of any of the aforesaid operations, provided as
follows'
a. That City does not, and shall not, waive any rights
against Developers which it may have by reason of the aforesaid
hol d-harmless Agreement, because of the acceptance by City, or
the deposit with City by Developers, of any of the insurance
policies described in Paragraph 12 hereof.
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b. That the aforesaid hold-harmless Agreement by
Developers shall apply to all damages and claims for damages of
every kind suffered, or alleged to have been s~-,~fered, by reason
of any of the aforesaid operations referred to in this
paragraph, regardless of whether or not City has approved of
plans and/or specifications for tee development, or regardless
of YJhether or not such insurance policies shall have been deter-
mined to be applicable to any of such damages or claims for
damages ~
12. 'Devel opers' Insurance:
Developers shall not commence work under this Agreement
until developers shall have obtained all insurance required under this
paragraph and such insurance shall have been approved by the City
Attorney as to form, amount and carrier, nor shall Developers allow
any contractor or subcontractor to commence work on his contract or
subcontract until all similar insurance required of the contractor or
subcontractor shall have been so obtained and approved. All require-
ments herein provided shall appear either in the body of the insurance
policies or as endorsements and shall specifically bind the insurance
carrier.
a. Compensation Insurance:
Developers shall maintain during the life of this Agreement
Workmen's Compensation Insurance for all Developers' employees employed at the
site of improvement, and in case any work is sublet, Developers shall require
any contractor or subcontractor similarly to provide Workmen's Compensation
Insurance for all contractor's or subcontractor's employees, unless such
employees are covered by the protection afforded by Developers. In case any
class of employees engaged in work under this Agreement at the site of the pro-
ject is not protected under any Workmen's Compensation law, Developers shall
provide, and shall cause each contractor and subcontractor to provide, adequate
insurance for the protection of employees not otherwise protected. Developers
hereby indemnify City for any damage resulting to it from failure of either
Developers or any contractor or subcontractor to take out or maintain such
insurance.
b. Public Liability and Property Dama§~ Insurance:
Developers shall take out and maintain during the life of
this Agreement such public liability and properts' ~amage insurance as
shall insure City, its elective and appointive boards, commissions,
officers, agents and employees, Developers and any contractor or sub-
contractor performing the ~ork covered by this Agreement from claims
for damages for personal injury, including death, as well as from
claims for property damage ~.~ich may arise from Developers' or any
contractor's or subcontractor's operations hereunder, whether such
operations be by Developers or any contractor or subcontractor, or by
anyone directly or indirectly employed by either Developers or any
contractor or subcontractor, and the amounts of such insurance shall
be as follows:
(1) Public Liability Insurance:
In an amount not less than $500,000.00 for injuries,
including, but not limited to, death, to any one person and sub-
ject to the same limit for each person in an amount of not less
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than $1,000,000.00 on account of any one occurrence;
(2) Property Damage Insurance-
In an amcunt not less than $500,000.00 for damage.
to the property of each person on account of any one
occurrence.
c. Contractual Liability Insurance:
Developers shall take out and maintain during the life
of this Agreement an insurance policy in the amount of at least
$1,000,000.00, insuring City, its elective an~ appointive boards, com-
missions, officers, agents and employees, Developers and any contrac-
tor or subcontractor performing work covered by this Agreement against
damages sustained by reason of any action or actions at law or in
equity, and/or any claims or demands by reason of any breach or
alleged breach of any contract, or provisions thereof, or by reason of
any contractual liability or alleged contractual liability on any
contract, entered into by Develop. ers and/or any of Developers'
contractors, subcontractors, agents and/or employees.
In the event that any of the aforesaid insurance policies pro-
vided for in this Paragraph 12 insures any entity, person, board of
commission other than those mentioned in this paragraph, such policy
shall contain a standard form of cross-liability endorsement, insuring
on such policy City, its elective and appointive boards, commissions,
officers, agents and employees, Developers and any contractor or sub-
contractor performing work covered by this Agreement.
The insurance policies provided for in this paragraph 12 which
include the City of South San Francisco, its elective and appointive
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boards, commissions, officers, agents and employees as an additional
insured shall contain the following endorsement:
"Notwithstanding any other provision in this policy, the
insurance afforded hereunder to the City of South San Francisco
shall be primary as to any other insurance or reinsurance
covering or available to the City of South San Francisco, and
such other insurance or reinsurance shall not be required to
contribute to any liability or loss until and unless the
approximate limit of liability afforded.hereunder is exhausted~"
13. Evidence of Insurance:
Developers shall furnish City concurrently with the execu-
tion hereof, with satisfactory evidence of the insurance required, and
evidence that each carrier is required to give City at least twenty
days' prior notice of the cancellation or reduction in coverage of any
policy during the effective period of this Agreement.
14. Title to Improvements:
Title to, and ownership of, all improvements constructed
hereunder by Developers shall vest absolutely in City, or such other
public agencies, persons, partnerships, associations or corporations
to which dedications of easements were made or reserved upon the
completion and acceptance of such improvements by City or said agency,
person, partnership, association or corporation.
15. Repair or Reconstruction of Defective Work:
If, within a period of one year after fina.1 acceptance of
the work performed under this Agreement, any structure or part of any
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structure furnished and/or installed or constructed, or caused to be
installed or constructed by Developers, or any of the work done under
this Agreement, fails to fulfill any of the requirements of this
Agreement or the specifications referred to herein, or prove to be
defective or become damaged because of differential settlement, action
of the elements, or ordinary usage, except for catastrophic events,
Developers shall without delay and without any cost to City repair or
replace or reconstruct any defective or otherwise unsatisfactory part
or parts of the work or structure. Should Developers fail to act
promptly or in accordance with this requirement, or should the exigen-
cies of the case require repairs or replacements to be made before
Developers can be notified, City may, at its option, make the
necessary repairs or replacements or perform the necessary work, and
Developers shall pay to City the actual cost of such repairs plus fif-
teen (15) percent. Developers shall at the time of acceptance of said
improvements by City or other public agency file with City a corporate
surety bond in the principal sum of Three Thousand Five Hundred
Dollars ($ 3,500.00 ) to secure the
undertaking and obligations set forth in this provision. The provi-
sions of the foregoing paragraph shall not apply to common greens.
16. Developers not Agent of City:
Neither Developers nor any of Developers' agents or
contractors are or shall be considered to be agents of City in connec-
tion with the performance of Developers'obligations under this
Agreement.
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17. Cost of Engineering and Inspection:
Developers shall pay City the actual cost to City for all
inspection and other services furnished by City in connection with the
subdivision, plus twenty-two percent thereof for administrative
overhead. City shall furnish periodic statements of all charges for
services performed by City, and Developers shall complete payment of
such charges within ten days after receipt thereof.
18. Notice of Breach and Default-
If Developers refuse or fail to obtain prosecution of the
work, or any severable part thereof, with such diligence as will
insure its completion within the time specified, or any extensions
thereof, or fails to obtain completion of said work within such time,
of if the Developers should be ~judged a bankrupt, or Developers
should make a general assignment for the benefit of Developers' cre-
ditors, or if a receiver shauld be appointed in the event of
Developers' insolvency, or if Developers or any of Developers'
contractors, subconstractors, agents or employees should viol ate any
of the provisions of this Agreement, the Director of Public Services
or City Council may serve written notice upon Developers and
Developers' sureties of breach of this Agreement, or of any portion
thereof, and default of Developers.
19. Breach of Agreement; Performance by Sureties or City-
In the event of any such notice, Developers' sureties
shall have the duty to take over and complete the work and the impro-
vement herein specified; provided, however, that if the sureties,
within five days after the serving upon it of such notice of breach,
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does not give City written notice of its intention to take over the
performance of the contract and does not commence performance thereof
within five days after notice to the City of such election, City may
take over the work and prosecute the same to completion, by contract
or by any other method City may deem advisable, for the account and at
the expense of Developers, and Developers' sureties shall be liable
to City for any excess cost or damages occasioned City thereby; and,
in such event, City, without liability for so doing, may take
possession of, and utilize in completing the work, such materials,
applicances, plant and other property belonging to Developers as may
be on the site of the work and necessary therefor.
20. Erosion Control
Developers shall furnish landscape plans and adequately
provide for erosion control. Landscaping and irrigation improvements
shall be installed to the satisfaction of the Director of Parks and
Recreation.
21. Trenching and Back-Filling
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Developers shall require that all trenching and back-
filling within and outside the property lines for utility lines,
including sanitary, storm, water and any other purposes, shall be done
under the inspection of a soils engineer who shall test the trenching
and back-filling with a sufficient number of soil tests to secure the
proper compaction Developers shall further require that a cer-
tificate be filed with the City stating that said trenching and back-
filling has been performed in accordance with the soils engineer's
recommendations.
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22. Water Lines
Developers shall dedicate to the California Uater Service
Company the easements required for the water lines, facilities and appur-
tenant works, unless said lines, facilities and appurtenant works are to be
installed within rights-of-way dedicated to City. Developers shall
construct and install, at their own expense, the improvements in said ease-
ments as set forth on the "Plans" shown in Exhibit "B" attached hereto,
which plans shall have the approval of said. company.
23. Notices.
All notices herein required shall be in writing, and deli-
vered in person or sent by certified mail, postage prepaid. Notices
required to be given to City shall be addressed as follows:
City Clerk
City Hall, P.O. Box 711
South San Francisco, CA. 94083
N°tices required to be given to Developers shall be addressed
as loll ows'
Steve Hynding
Hynding Const. & Dev. Co.
116 Starlite Street
· So.. San Francisco: CA
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Notices required to be given sureties of Developers shall be
addressed as follows-
K. D~xon Wright
South Coast Surety General Agency
100 Pine St., Suite 2150
San Francisco, CA 94111
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State of CZ~ i fOrY~ a ~ SS.
Gount¥ o~
. NO%ARY PUBLIC "
' ~N UAT~ COUl~W
~y comm. expire ~l
before
me,
the unaersigneQ NotA~ public, 9e~s°nallY a9geama
~ark. ~- Add~e9°
~ p[o~eQ to me on the bas~s o{ satisb~to~ e~%Oence
to be the person~S) whose name(s)/ $
within instrument, and acknowte~ged that ~ ~
wtTNE~ hand and official seal.
subscribed to the
executed it.
State of Ca l i forni a
County of
San Mateo
$$.
~ J~ATHLEEN t. ARONSON
i,~._,~A~.,'~~ NOTARY PU2LIC ~CALIFO~NIA
CITY & COUNTY OF S~N FRANCISCO
GENERAL ACKNOWLEDGMENT FORM 7110 052
On this the 28th day of
July
Kathleen L. Aronson
19 8__~.3, before me,
the undersigned Notary Public, personally appeared
S. Hynding and David E. Palmisano
[x personally known to me
[] proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) are subscribed to the
within instrument, and acknowledged that ~ t.h_ey . executed it.
WITNESS my h~a-~'~d official seal.
'--. :....,,-. ,.~ c_",.~.x.-~~,'. _ -.../ .
Notary's $'gnature~na[ur, ; ./' "~..~
NATIONAL NOTARY ASSOCIATION · 23012 Ventura Blvd. · WOodland Hills, CA g
provided that any party or the sureties may change such address by
notice in writing to the other party and thereafter notices shall be
addressed and transmitted to the new address.
24. As-built Drawings
Developers shall furnish City reproduceable plastic film
as-built drawings of the public improvements of a quality acceptable
to the Director of Public Services together with a certification by
Developers' engineer that said improvements have been constructed in
accordance with the approved plans and specifications. Developers
shall furnish City with said as-built drawings concurrently with
Developers' request for acceptance of said improvements by City.
25. Parties Obligated:
Developers' agree that this Agreement shall bind Developers
jointly and severally and their respective successors in interest, heirs
and assigns.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed as of t~ie day and year first above written.
CITY:
City of South San Francisco
ATTEST'
DEVELOPE,RS: . / ,~
A'Etorney- I.fl'- F~ct
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EXHIBIT "B"
Improvements and requi'red Items of work for
the Northeast Half of Myrtle Avenue and a
portion of.Sout~h Sprure Avenue
Agreement Dated
1. Subdivider shall construct, furnish and install all public improvements
in accordance with the following drawing for "Myrtle & Sauth Spruce
Development, Lands of Norman & Dorothy Hynding" (Job. No. 78-2004) and
all approved revisions thereof, prepared by Hans R. Mulberg, Inc.
(R.C.E. No. 13173):
"Street Improvement Plan';" Drawing No. 782004-D1, Sheet 1 of
l, Dated September 6, 1978, Revision 2, dated'June 28, 1983.
2. Subdivider shall file complete as-built improvement and utility plans
prior to final acceptance of the work performed under this Agreement.
Said plans shall consist of the original tracings or permanet "Mylar"
transparencies of a quality which complies with the Standards of the
City of South San Francisco as administered by the City Engineer, and
two sets of blue line prints.
Approved
Director of Public Services