HomeMy WebLinkAboutReso 113-1988RESOLUTION NO. 113-88
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION APPROVING AND AUTHORIZING
EXECUTION OF A DEVELOPMENT AGREEMENT FOR
THE CONSTRUCTION OF OFF-SITE IMPROVEMENTS
IN CONNECTION WITH THE POINTE GRAND
BUSINESS PARK
BE IT RESOLVED by the City Council of the City of South San Francisco
that:
1. Approval of Agreement.
The Agreement entitled "Agreement for Construction of Off-Site Public
Improvements" between the City of South San Francisco and Hillman Properties
West, Inc., as a condition of Planned Unit Development Permit No. PUD-87-7
(Pointe Grand Business Park) is hereby approved, and a copy of the Agreement
is attached as Exhibit "1."
2. Execution of Agreement
The Mayor is hereby authorized to execute the Agreement on behalf of
the City.
I hereby certify that the foregoing Resolution was regularly introduced
and adopted by the City Council of the City of South San Francisco at
regular meeting held on the 24th day of August , 1988 , by the
vote:
AYES:
Councilmembers Mark N. Addiego, Richard A. Haffey, Gus
Nicolopulos, Roberta Cerri Teglia, and Jack Drago
NOES: None
ABSENT: None
ABSTAIN: None
k~ATTEST: ~ci e r~~Ci ty
"EXHIBIT 1" RESOLUTION NO. 113-88
AGREEMENT
FOR CONSTRUCTION OF OFF-SITE PUBLIC IMPROVEMENTS
THIS AGREEMENT dated , 1988, is by and between the
City of South San Francisco, a municipal corporation, hereinafter designated
"City", and HILLMAN PROPERTIES WEST, INC.
hereinafter designated "Developer".
WITNESSETH:
WHEREAS, Developer has agreed to construct certain off-site improvements as
a condition of City's approval of PUD-87-7 ; and
WHEREAS, City is willing to accept the public improvements provided Developer
will construct and install the public improvements at its sole cost and expense
and in accordance with the provisions set forth;
NOW, THEREFORE, it is agreed as follows:
1. Dedication of Easements and Performance of Work.
Developer shall, at its 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 improvements and required items of work
described in Exhibit "A" attached and incorporated. The cost of such improvements
and required items of work is estimated to be Six Hundred Fift~ Three Thousand
Eight Hundred Sixt~ Four Dollars ($ 653,864 ). Developer shall also do all the
work and ~urnish all materials necessary in the opinion of the City Engineer to
complete the work in accordance with the plans and specifications and amendments
thereto.
2. Places and Grades to be Fixed by City Engineer.
All of the work is to be done at the places, with the materials, in
the manner and at the grades, as shown on the plans and specifications previously
approved by the City Engineer and now on file in his office. All work shall be
done to the satisfaction of the City Engineer.
3. Time for Commencement and Performance.
City hereby fixes the time for the con~encement of the work to be on
or before ~ptemhpr 1 , 1988, and for its completion to be within
One Hundred Fifty(150) days thereafter. At least (15} calendar days prior
to the commencement of work hereunder, Developer shall notify the City Engineer
in writing of the date fixed for commencement so that the City Engineer shall be
able to provide inspection services.
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4. Time of Essence - Extension.
Time is of the essence of this Agreement, provided that in the event
good cause is shown, the City Engineer may extend the time for completion of the
improvements hereunder. Any such extension may be granted without notice to the
Developer's sureties, and extensions so granted without notice to the Developer's
sureties 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 connection with this Agreement. The City
Engineer shall be the sole and final judge as to whether or not good cause has
been shown to entitle Developer to an extension.
5. Repairs and Replacements.
Developer shall replace or have replaced, or repair or have repaired,
all pipes and monuments which are destroyed or damaged, and Developer shall
replace or have replaced, repair or have repaired, 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, by 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 City Engineer or the corporation, person or agency.
6. Permits; Compliance with Law.
Developer shall, at Developer's 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 law.
7. Superintendence by Developer.
Developer shall give personal superintendence to the work on the
improvements, or have a competent foreman or superintendent, satisfactory to the
City Engineer, on the work site at all times during construction, with authority
to act for Developer.
8. Inspection by City.
Developer shall at all times maintain proper facilities, and provide
safe access for inspection by City to all parts of the work and to the shops
wherein the work is in preparation.
9. Contract Security.
Concurrently with the execution hereof, Developer shall furnish:
(1) surety bond(s) 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" as security for the faithful performance
of this Agreement; and {2) separate surety bond(s) in an amount equal to at
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least one hundred percent {100%) of the estimated cost of the construction and
completion of the works and improvements described in Exhibit "A" as security
for the payment of all persons performing labor and furnishing materials in
connection with this Agreement. Developer shall require all subcontractors
to file a labor and materials corporate surety bond as security for payment
of all persons furnishing labor and materials in connection with this Agreement.
10. Hold Harmless Agreement.
(a} Developer shall hold harmless, indemnify and, at City's request, defend
City, its officers, employees, agents, boards and commissions, whether elected
or appointed, from and against all claims, demands, actions, causes of action,
losses, damages, liabilities, costs and expenses, including but not limited to
reasonable attorney's fees or obligations, for or in connection with personal
injury (including, but not limited to, death) or damage to property (both real
and personal) which arises out of or is in any way connected with the negligent
act, error or omission of Developer, its agents, contractors, subcontractors or
employees in connection with the performance of this Agreement.
{b} In order to make certain that Developer has adequate resources to
fully carry out its responsibilities pursuant to subparagraph (al above,
Developer shall file with the City proof that Developer's professional
consultants (including any soils engineer or civil engineer) employed by
Developer in connection with the work described herein, maintain professional
liability (e.g. errors and omissions) insurance during the life of this
Agreement. If the work is accomplished by contractors or subcontractors,
Developer shall assure that the contractors and/or subcontractors carry such
insurance. The insurance shall be in an amount of not less than One ~illion
Dollars ($1,000,000), shall contain a provision that such insurance shall not
be reduced or cancelled except upon thirty {30} days written notice to City
and shall be subject to the approval of the City Attorney as to form, amount
and carrier.
(c) The foregoing hold harmless statement of Developer shall apply to all
damages and claims for damages of every kind suffered or alleged to have been
suffered by reason of the construction operations undertaken pursuant to this
Agreement, regardless of whether or not City has approved the plans or
specifications for the improvements, and regardless of whether or not such
insurance policies have been determined to be applicable to any such damages
or claims for damages.
11. Developer's Insurance.
Developer shall not commence work under this Agreement until Developer
shall have obtained all insurance required under this paragraph, and such
insurance has been approved by the City Attorney as to form, amount and carrier,
nor shall Developer allow any contractor of subcontractor to commence work until
all 'similar insurance required of the contractor or subcontractor shall have been
so obtained and approved. All requirements shall appear either in the body of
the insurance policy or in endorsements and shall specifically bind the insurance
carrier.
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Developer shall take out and maintain during the life of this Agreement
the following policies of insurance:
(a) Worker's Compensation and Employers' Liability insurance in the
statutory coverage. In signing this Agreement, Developer makes the following
certification:
"I am aware of the provisions of Section 3700 of the
California Labor Code which require every employer to
be insured against liability for Workers' Compensation
or to undertake self-insurance in accordance with the
provisions of the Code, and I will comply with such
provisions before commencing the performance of the
work of this Agreement."
(b) Commercial General Liabilit~ Insurance: In an amount not less
than FIVE HUNDRED IHOUSAND DOLLARS ($500,000.00) for injuries including, but
not limited to, death to any one person and subject to the same limit for each
person, in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) combined
single limit per occurrence for bodily injury, personal injury and property
damage, including Standard Broad Form Contractual Liability Coverage.
(c) Automobile Liability (Code 1) Insurance: In an amount not less
than FIVE HUNDRED THOUSAND DOLLARS ($500,000.00} combined single limit per
accident for bodily injury and property damage.
(d) It is agreed that the insurance required by Subsections {b), and
(c) shall be in an aggregate amount of not less than One ~illion Five Hundred
Thousand Dollars ($1,500,000) and shall be extended to include as additional
insureds the City of South San Francisco, its elective and appointive boards,
officers, agents and employees, with respect to operations performed by the
Developer as described herein. Certificates of the insurance evidencing the
coverages subscribed above shall be provided to City upon execution of this
agreement and shall be subject to approval by the City Attorney as to form,
amount and carrier. The policy of insurance shall also contain a provision
indicating that such insurance shall not be reduced or cancelled except upon
thirty (30) days written notice to City In addition, the following endorsement
shall be made on the policy of insurance.
"Notwithstanding any other provisions 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."
12. Evidence of Insurance.
Developer shall furnish City concurrently with the execution hereof,
satisfactory certificates of the insurance as required. Each certificate of
insurance shall evidence that each carrier is required to give City at least
thirty days' prior notice of the cancellation or reduction ~n coverage of any
policy during the effective period of this Agreement.
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13. Title to Improvements.
Title to, and ownership of, all improvements constructed hereunder by
Developer shall vest absolutely in City, or to 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 the agency, person, partnership, association or
corporation.
14. Repair or Reconstruction of Defective Work.
If, within a period of one year after final acceptance of the work
performed under this Agreement, any structure or part of any structure furnished
and/or installed or constructed, or caused to be installed or constructed by
Developer, 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 proves to be defective or become damaged because of differential settlement,
action of the elements, or ordinary usage, except for catastrophic events,
Developer 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 Developer fail to act promptly or in accordance with this
requirement, or should the exigencies of the case require repairs or replacements
to be made before Developer can be notified, City may, at its option, make the
necessary repairs or replacements or perform the necessary work, and Developer
shall pay to City the actual cost of such repairs plus fifteen {15%} percent.
Developer shall at the time of acceptance of the improvements by City or other
public agency file with City a corporate surety bond in the principal sum of
Sixty Six Thousand Dollars {$ 66,000.00 } to secure the undertaking and
obligations set forth in this provision.
15. Developer not Agent of City.
Neither Developer nor any of Developer's agents or contractors are or
shall be considered to be agents of City in connection with the performance of
Developer's obligations under this Agreement.
16. Cost of Engineering and Inspection.
Developer shall pay City the actual cost to City for all inspection
and other services furnished by City in ,connection with the construction of the
above required improvements, plus twenty-two percent thereof for administrative
overhead. City shall furnish periodic statements of all charges for services
performed by City, and Developer shall complete payment of such charges within
ten {10) days after receipt thereof.
17. Notice of Breach and Default.
If Developer refuses or fails 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 Developer should be adjudged a bankrupt,
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or Developer should make a general assignment for the benefit of Developer's
creditors, or if a receiver should be appointed in the event of Oeveloper's
insolvency, or if Developer or any of Developer's contractors, subconstractors,
agents or employees should violate any of the provisions of the Agreement, the City
Engineer or City l~anager may serve written notice upon Oeveloper and Developer's
sureties of breach of this Agreement, or of any portion thereof, and default of
Oevel oper.
18. Breach of Agreement; Performance by Sureties or City.
In the event of any such notice, Developer's sureties shall have the
duty to take over and complete the work and the improvement herein specified;
provided, however, that if the sureties, within five days after the serving
upon it of such notice of breach, does not give City written notice of its
intention to take over the performance of the Agreement and does not commence
performance thereof within five (5) 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 Developer, and Developer's 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, appliances, plant and other property
belonging to Developer as may be on the site of the work and necessary therefor.
19. Trenching and Back-Filling.
Developer shall require that all trenching and backfilling 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. Developer shall further require that a
certificate be filed with the City stating that the trenching and backfilling
has been performed in accordance with the soils engineer's recommendations.
20. Notices.
All notices herein required shall be in writing, and delivered 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. 94080
Notices required to be given to Developers shall be addressed as
fol 1 ows:
HILLMAN PROPERTIES WEST, INC.
ONE HARRISON SIREEI. SUIIE 535
SAN FRANCISCO~ CALIFORNIA 94105
ATTN. THOMAS J. HEAVEY
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Notices required to be given sureties of Developers shall be
addressed as follows:
FEDERAL INSURANCE COMPANY
15 MOUNIAIN VIEW RD.
P.O. BOX 1615
WARREN N. J. 07061-1615
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.
21. As-built Drawings.
Developer shall furnish City reproduceable plastic film as-built
drawings of the public improvements of a quality acceptable to the City
Engineer together with a certification by Developer's engineer that the
improvements have been constructed in accordance with the approved plans
and specifications. Developer shall furnish City with the as-built
drawings concurrently with Developer's request for acceptance of the
improvements by City.
22. Parties Obligated.
Developer agrees that this Agreement shall bind Developer and
Developer's successors in interest, heirs and assigns.
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed.
ATTEST:
APPROVED AS TO FORM:
City Attorn~.~y~
CITY:
City of South San Francisco, a
municipal corpor~ation
Mayor ~/
DEVELOPERS:
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EXHIBIT "A"
OFF-SITE PUBLIC IMPROVEMENTS AND REQUIRED ITEMS
OF WORK FOR POINTE GRAND BUSINESS PARK (PUD-87-7)
AGREEMENT DATED AUGUST 24, 1988
Developer shall furnish, construct and install off-site public improvements
in accordance with the following drawings prepared by Reimer Associates
Civil Engineers, (601 Gateway Boulevard, Suite 600, South San Francisco,
CA. 94080) signed by Ralph J. Nofield, Civil Engineer, {R.C.E.#13508) and
all approved revisions thereof; and in accordance with the City of South
San Francisco Standard Plans and Specifications:
1. HARBOR WAY STORM DRAIN (Job No. R-944B)
Cover sheet dated July 13, 1988
Sheet 1 of 5 sheets, Revision 6 dated July 12, 1988
Sheet 2 of 5 sheets, Revision i dated June 14, 1988
Sheet 3 of 5 sheets, Revision 2 dated June 14, 1988
Sheet 4 of 5 sheets, Revision 4 dated July 12, 1988
Sheet 5 of 5 sheets, Revision 5 dated July 13, 1988
2. EAST GRAND AVENUE IMPROVEMENTS (Job No. R-944C)
Cover sheet dated July 13, 1988
Sheet C-1 of 6 sheets, Revision 9 dated August 15, 1988
Sheet C-2 of 6 sheets, Revision 6 dated August 1, 1988
Sheet C-3 of 6 sheets, Revision 4 dated August 15, 1988
Sheet C-4 of 6 sheets, Revision 2 dated July 14, 1988
Sheet C-5 of 6 sheets, Revision 5 dated August 1, 1988
Sheet C-6 of 6 sheets, Revision 6 dated August 15, 1988
II. Developer shall furnish, construct and install landscape and irrigation
improvements within the East Grand Avenue median islands in accordance
with the following drawings prepared by Kenkay Associates {1045 Sansome
Street, San Francisco, CA. 94111) signed by Kenneth Kay, Landscape
Architect (R.L.A. #2230} and all approved revisions thereof:
1. EAST GRAND AVENUE IMPROVEMENTS (Job No. 8755.01)
Sheet 1 of 2 sheets, dated July 7, 1988 - Revision I dated 8-19-88
Sheet 2 of 2 sheets, dated July 8, 1988 - Revision i dated 8-19-88
III.
Subdivider shall file complete as-built off-site public improvements,
landscaping and irrigation plans prior to final acceptance of the work
performed under this agreement. Said plans shall consist of the
original tracings or permanent plastic film 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
prints.
Approved
Deputy City Manager/City Engineer
EXHIBIT "A"
OFF-SITE PUBLIC IMPROVEMENTS AND REQUIRED ITEMS
OF WORK FOR POINTE GRAND BUSINESS PARK {PUD-87-7)
AGREEMENT DATED AUGUST 24, 1988
Developer shall furnish, construct and install off-site public improvements
in accordance with the following drawings prepared by Reimer Associates
Civil Engineers, (601 Gateway Boulevard, Suite 600, South San Francisco,
CA. 94080) signed by Ralph J. Nofield, Civil Engineer, (R.C.E.#13508) and
all approved revisions thereof; and in accordance with the City of South
San Francisco Standard Plans and Specifications:
1. )~ARBOR WAY STORM DRAIN (job No. R-944B)
Cover sheet dated July 13, 1988
Sheet 1 of 5 sheets, Revision 6 dated July 12, 1988
Sheet 2 of 5 sheets, Revision i dated June 14, 1988
Sheet 3 of 5 sheets, Revision 2 dated June 14, 1988
Sheet 4 of 5 sheets, Revision 4 dated July 12, 1988
Sheet 5 of 5 sheets, Revision 5 dated July 13, 1988
2. EAST GRAND AVENUE IMPROVEMENTS (Job No. R-944C)
Cover sheet dated July 13, 1988
Sheet C-1 of 6 sheets, Revision 9 dated August 15, 1988
Sheet C-2 of 6 sheets, Revision 6 dated August 1, 1988
Sheet C-3 of 6 sheets, Revision 4 dated August 15, 1988
Sheet C-4 of 6 sheets, Revision 2 dated July 14, 1988
Sheet C-5 of 6 sheets, Revision 5 dated August 1, 1988
Sheet C-6 of 6 sheets, Revision 6 dated August 15, 1988
II. Developer shall furnish, construct and install landscape and irrigation
improvements within the East Grand Avenue median islands in accordance
with the following drawings prepared by Kenkay Associates {1045 Sansome
Street, San Francisco, CA. 94111) signed by Kenneth Kay, Landscape
Architect (R.L.A. #2230) and all approved revisions thereof:
1. EAST GRAND AVENUE IMPROVEMENTS (Job No. 8755.01)
Sheet I of 2 sheets, dated July 7, 1988 - Revision 1 dated 8-19-88
Sheet 2 of 2 sheets, dated July 8, 1988 - Revision I dated 8-19-88
III.
Subdivider shall file complete as-built off-site public improvements,
landscaping and irrigation plans prior to final acceptance of the work
performed under this agreement. Said plans shall consist of the
original tracings or pemanent plastic film 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
prints.
Approved
Deputy City Manager/City Engineer
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