Loading...
HomeMy WebLinkAboutReso 193-1985 RESOLUTION NO. 193-85i CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT FOR THE DUBUQUE AVENUE PRO~ECT BE IT RESOLVED by the City Council of the lCity of South San Francisco that: 1. Approval of Agreement. The Agreement entitled "Agreement for lConstruction of Off-Site Public Improvements" between the City of South San Francisco and Crow-Spieker-Singleton, #116 as a condition of Use Permit No. 85-713 (!Dubuque Project) is hereby approved, and a copy of said Agreement is attached hereto as Exhibit "1." 2. Execution of Agreement. The Mayor is hereby authorized to execute said Agreement on behalf of the City, and the City Clerk attest his signature thereto. 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 11th day of September : , 1985 , by the following vote: AYES: Councilmembers Mark N. Addiego, Emanuele N. Damonte, Richard A. Haf~fey, Gus Nicolopulos; and Roberta Cerri Teglia NOES: None ABSENT: None ATTEST:~rk~e EXHIBIT "A" TO RESOLUTION NO. 193-85 AGREEMENT FOR CONSTRUCTION OF OFF-SITE PUBLIC IMPROVEMENTS THIS AGREEMENT is made and entered into as of this 27th day of ... September , 19 85 , by and between the City of South San Francisco, a municipal corporation, hereinafter designated "City", and Crow-Spieker-Singleton, #116, a Limited Pari~nership hereinafter designated "Developers," both of whom understand and agree as follows: WI TNESSETH: WHEREAS, Developers have agreed to cons~:ruct certain off-site improvements as a condil~ion for City's approval of Use Permit No. 85-713 (DubuQue Project"), and WHEREAS, City is willing to accept said public improvements 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 aforegoing premises, and the covenants and conditions herein contained, it is agreed as follows: 1. Dedication of Easements and Perfornlance of Work. Developers shall, at their own expelnse, furnish, or cause to be furn- ished, all labor, supplies, equipment and maiterials and do, or cause to be done, in a good and workmanlike manner all of the following works and improvements outside of the DubuQue Project, to wit: Imp!rovements and required items of work described in Exhibit "A" attached h~retio. The cost of such improvements and required items of work is estimated to be $267,037.05. Developers shall also do all the work and furnish all mater~'als necessary tn the oplnJon of the Ctty.£ngineer to complete_ the work in accordance with the plans and specifications and amendments thereto. 2. Work; Places andGrades to be Ftxed by CityEngtneer; All of said work the manner and at the grades, as shown on the plans and specifications 'therefor, previously approved by the City Engineer and now on file ~n hts offtce, and to the satisfaction of said City Engineer. 3. Work; Ttme for Commencement and Performance. City hereby fixes the time for the commencement of said work to beon or before the 2nd of September, lgS§, and for its completion to be withtn six (6) 'months thereafter. At least (15) calendar days prior to the commencement o~ wOrk hereunder, Oevelopers $hall notify the City Engineer tn writing of the date ftxed' by Developers for cemmencement thereof, so that the City Engineer shall be able to provfde services of inspection. 4. Time of Essence - Extensfon. Time ts of the essence of this Agreement, provided that i.n the event- good cause ts 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, and extensions so granted without nottce to the Developers' sureties shall not relieve the sureties' 1lability 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. Council shall be the so~e and final judge as to whether.or not goOd cause has been shown to entitle Developers to an extenston~ .... Repairs and Replacements~ Developers shall replace or have replaced, or repair or have repaired,. as the case may be, all pipes and monuments whichare destrOYed or damaged, and Developers shall replace or have replaced, repair or have repaired, asthe 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, by the State of California, or any agency or political subdivision thereof, or by any combina- tion of such owners. Any such repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer or said'corporation, person or agency. 6. Permits; Compliance with Law. m'' Developers 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 law. 7. ~upert ntendence by Oeveloper. Developer shall give personal superintendence to the work. on said-improve- ments, or have a competent foreman or superintendent,-sattsfactorY to the City~ Engineer, on the work site .at all times duri~ng progress, with authority to act for Developers. .. Inspection by City. Developers shall at all times maintain proper~f?ciltttes,· 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, developers shall' furnish: ! (1) a 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 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 work)s and improvementS described in Exhibit "A~ attached hereto, as security* for the payment of all persons per'forming labor and furnishing materials in connection with this Agreement.-- Developers 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. (al Developers 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 connec- tion 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 developers its agents, subcontractors or employees in connection with the performance of this Agree' ment~ (b). In order to make certain that developers have adequate resources to fully carry out its*responsibilities pursuant to Subparagraph (al aboVe,.de- velopers 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 Agree- ment. Said insurance shall be in an amount of not less than One Million 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. 11. Oevelopers' Insurance. 1. The developers shall take out and maintain during the life of this Agreement the following policies of insurance: (al Worker's Compensation and employers' liability-insurance in the statutory coverage. In signing this Agreement, the Consultant makes the follow- ing 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 co~nencing the performance of the work of this Agreement.' (b) Public Liability Insurance: In an amount not less than FIVE HUNDREO THOUSAND 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 ODLLARS ($1,000,000.00) on account of any one occurrence'. (c) Property Damage Insurance: In an amount not less than FIVE HUNDREO THOUSAND DOLLARS ($500,000L00) for damage to the property of each Person on account of any one occurrence~ -5- m id) Contractual Liability Insurance: Developers shall take out and maintain during the life of this Agreement.an insurance policy in the amount of at least ONE MILLION DOLLARS ($1,000,000.00), insuring City, its elective and ~ appointive boards, commissions, officers, agents and employees, and developers 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 ~lleged contractual liability arising out o~ any contract entered into by developers and/or any of its agents or employees in order to perform the work defined herein, (e) It is agreed that the insurance required by Subsections b, c and d shall be in an aggregate amount of not less than One Million Five Hundred Thousand Dollars ($1,500,000) and shall be extended to include as additional lnsureds the City of South San Francisco, its elective and. appointive boards, officers, agents and employees, with respect to operations performed by the developers as described herein. Evidence of the insurance described 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 ClTYL In addition, the following endorsement shall be made on said policy of insurance[ Notwithstanding any other Provisions in this policy, the insurance afforded hereunder to the City of South San Francisco shall be pri- mary as to any other-insurance or reinsurance covering or available 'to the City of South San Francisco, and such other insurance or reinsur- ance shall not be required to contribute to any liability or loss until and unless the approxi- mate limit of liability afforded hereunder is exhausted." 12, Title to Improvements: Title to, and ownership of, a11 improvements constructed hereunder by Developers shall vest absolutely in City~ ~ 13L Repair or Reconstruction of Oefective WorkL 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 l)evelopers, 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, X)evelopers 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 exigencies of the case require repairs or replacements to be made before Developers can be notified, City may, at its option, make the ~ecessary repairs or replacements or perform the necessary work, and Oevelopers shall pay to City the actual cost of such repairs plus fifteen (15~) percent. Oevelopers 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 T~enty Six Thousand Seven Hundred Four Dollars ($26,704.00) to secure the under- taking and obligations set forth in this provision. The provisions of the fore- going paragraph shall not apply.to common greens, 14, Developers not Agent of City~ Neither Oevelopers nor any of Developers' agents or contractors are or shall be considered to be agents of City in connection with the performance of Oevelope~s' obligations under this Agreement. 15L Cost of Engineering and ZnspectionL Developers shall pay City the actual cost to City for all Inspection and other services furnished by City in connection with the construction of th~ 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 Developers shall complete payment of such charges within ten (10) days after receipt thereof~ 16. Notice of Breach and Default. , [f Developers refuse or fail to obtain prosecution of the work, or any severable part thereof, with such diligence as will insure its completion wtthtn the time specified, or any extensions thereof, or fails to obtain completion of said work within such ttme, of if the Oevelopers should be adjudged a bankrupt, or Developers should make a general assignment for the benefit of Developers' creditors, or if a receiver should be appointed tn the event of Oevelopers' Insolvency, or if Developers or any of Developers' contractors, subconstractors, agents or employees should violate any of the provisions of the Agreement, the City Engineer or City Council may serve written notice upon Developers and Oevelopers' Sureties of breach of this Agreement, or of any portion thereof, and default of Developers.. 17L Breach of Agreement; Performance by Surettes or CityL Zn the event of any such notice, Developers' sureties shall have the duty to take over and complete the work and the Improvement herein specified; provided, however, that if the sureties, wtthtn five days after the serving upOn. tt of such notice of breach, does not give City 'written notice of its inten- tion to take over the performance of the contract 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 Cit)` ma)` deem advisable, for the account and at the expense of Oevelopers, and Oevelopers' sureties shall be ~iable to £it~v for an)' excess cost or damages occasioned C;it)` thereb)`; and, in such event, tit)`, without 11ability & 1eot so doing, may 'take possession of, and utilize ~n completing the work, such~ materials, appliances, plant and other propert)` belonging to Oevelopers as may be on the Site of the work and necessary therefor. 18~ Erosion ControlL Oevelopers shall furnish landscape plans and adequately provide for eroston control. Landscaping and irrigation improvements shall be installed to the satisfaction of the Director of Recreation and C~unit)` ServtcesL 19. Trenching and Back-Filling. Oevelopers 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 sotls engineer who shall test the trenching and back-filling with a sufficient number of soil tests to secure the proper compaction. Oevelopers shall further requlre that a certificate be filed wtth the tit)` stating that said trenching and backfilling has been performed in accordance wtth the soils engineer's recemmendattonsL 20~ ~lottces~ All notices herein required shall be in writing, and delivered in person or sent by certified mail, postage prepatd: tlotices required to be given to City shall be addressed as follows: -9- fo1 lo~s: City Clerk City Hall, P.O. Box 711 South San Francisco, CA. 94083 Notices required to be given to Developers shall be addressed as CROW-SPIEKER-SINGLETON, a Limited Partnership 2180 Sand.!Hill Road M~nlo Park, CA 94025 Notices required to be given sureties of Developers shall be addressed as follows: 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 Developers" engineer that said imorovements have been constructed in accordance with the approved plans and specifications~ De- veloper shall furnish City with said as-built drawings concurrently with Develop- ers' request for acceptance of said improvements by City. -10- '22. Parties Obligated. Developers' agree that this Agreement shall bind Developers and his successors in interest, heirs and assigns. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the d~ and year first above written. CITY: Ci~ of Souith San Francisco, a municipal c)orporation ATTEST: DEVELOPERS: CROW-SPIEKER-SINGLETON #116, a Limited Partnership, By: -11- EXHIBIT "A" Improvements and required Items for work for 800-890 Dubuque Avenue, South San Francisco, Agreement Dated Suddtvider shall construct, furnish end install all public improvements in accordance with the following drawings entitled 'Plans for the Con- struction of Storm and Sanitary Sewers )Adjacent to the Lands of Trammell Crow, South San Francisco, California' (Job. No. 82107-2) and all approved revisions thereof, prepared by Kter & Wright, Civil Engineers and Surveyors, Znc. and signed by Eugene R. Golobic C~R.C.E. No. 30441): Sheet C-1 ~heet C-E ~heet C-~.1 of 8 sheets, dated May IS, 1985, Revised August 12, 1985 of 8 sheets, dated May 15, 1985, Revised August 12, 1985 of 8 sheets, dated August 7, 1985 Revised August 12, 1985 (prepared by Design and £~glneertng Systems, Inc.) of 8 sheets, dated May IS, 1985, Revised August 12, 1985 of8 sheets, dated May 15, 1985, Revised August 12, 1985 of 8 sheets, dated May ISr, 198S, Revised August 12, 1985 of8 sheets, dated May IS, 198S, Revised August 12, 1985 of 8 sheets, dated August 7, 1985, Revised August 12, 1985 Sheet C-3 Sheet 'Sheet C-b 'Sheet C-b Sheet C-I Subdivider shall file complete as-built improvement and utility plans prior -to final acceptance of the work ~erfemed under this Agreement. Said plans shall consist of the original tract~ er ~ermanent "Mylar" transparencies of a quality which complies with tae Staedards of the City of South San Francisco as administered by the Ctt~ [~laeer, and two sets of blue line ..... The subdivider shall obtain all nece~ar~ I~ermtts or rights-of-entry from all affected agencies or pro~q~lr emery, at no cost. to' the City, prior to commencing the work authorized I~ Approved l City Engineer OYSTER 17 18 I- 7 13 ~ < 14 8 II I0 3B 2 E~ST GRAND AVE. Location MaD % OFF-SITE IMPROV~kFfS FOR 800-890 DUBUQUE AVE~r~E Scale: 1 "~400 ' LeKend New 60" Storm Drain New 8" Sar~itary Sewer io